HD QUALITY:MLL217 – MISLEADING CONDUCT AND ECONOMIC TORTS

Description

MLL217 – MISLEADING CONDUCT AND ECONOMIC TORTS  Contents Topic 3 – other common law torts regulating false or misleading statements 3 The tort of deceit 3 The tort of injurious falsehood 7 The tort of negligent misrepresentation 8 Duty of Care 9 The tort of passing off 10 Topic 4 – Key concepts underpinning the ACL 11 ‘in trade or commerce’ 14 Conducted by private individuals 15 Topic 5 – The prohibition on Misleading or Deceptive Conduct 17 Causation 22 Exclusion and disclaimer clauses 23 Topic 6 – Conduct which may be misleading or deceptive 24 Non-disclosure/silence 25 Changed circumstances 27 Puffery 29 Relaying information 30 Literal truth 31 Future statements 32 Expressions of opinion 34 Negligent advice 34 Negligent conduct 35 Contractual promises 35 Defamatory statements 35 Topic 7 – Advertising 37 Test for breach – the ordinary reasonable member of the target audience 37 Test for breach – entirety of advertisement and overall conduct 37 Advertisements making false claims 39 ‘Passing off’ claims: Advertisements using an extreme name or design 40 Similar business names 41 Similar design or get-up 41 Copying an existing product 42 COMPARATIVE ADVERTISING 42 Topic 8 – Specific Prohibitions on misleading or deceptive conduct 42 ‘Goods’ and ‘services’ 43 Country of origin labelling reforms 48 SECTIONS 33 AND 34 OF THE ACL 50 Topic 9 – Remedies for a contravention with the ACL 50 Criminal Penalties 51 Civil Pecuniary Penalties 51 Disclosure/corrective advertising and other non-punitive orders 53 Punitive orders – adverse publicity orders 54 ADMINISTRATIVE POWERS 54 Infringement notices 54 REMEDIES AVAILABLE TO PRIVATE LITIGANTS 54 Civil remedies 54 Damages: s 236 54 Contributory negligence 56 Proportionate liability: Part VIA 56 Limitation of Actions 57 VICARIOUS AND ACCESSORIAL LIABILITY 57 Topic 10 – Liability of manufacturers for goods with safety defects 59 Goods covered by Part 3-5 60 Cause of actions 61 DEFENCES 63 Section 142 – Defences to defective goods actions 63 Sections 137A of the CCA – Contributory negligence 64 Limitation periods 64 Limitation on personal injury damages 64 Non-economic loss (NEL) 65 Loss of earning capacity 65 Gratuitous care damages 65 Topic 11 – Other torts protecting economic interests 66 RECOVERING IN NEGLIGENCE FOR PURE ECONOMIC LOSS 66 Traditional rule: no recovery 66 Indeterminacy of liability 67 Liability for defective structures 68 PROPORTIONATE LIABILITY – Part IVAA Wrongs Act 69 Re claims for pure financial loss and property damage 69 ‘Economic’ Torts 70 Interference with contractual relations 70 Three party Intimidation 72 Conspiracy 73