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NSW When Can Action Be Taken Under Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by yeep, 8 June 2016.

  1. yeep

    yeep Active Member

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    Does anyone know “What has to be established before an action can be taken under section 18 of the Australian Consumer Law?”.
     
  2. Sophea

    Sophea Well-Known Member

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    The elements required in order to establish misleading or deceptive conduct are:
    1. conduct was done in trade or commerce (requires that it was done in a commercial transaction between a corporation and a consumer or anyone providing goods or services - does not involve domestic transactions and private sales);
    2. conduct was, in all the circumstances, misleading or deceptive (any conduct with a "real and not remote" chance that it will mislead or deceive, does not require actual representations, it does not matter whether the corporation intended to mislead or deceive or whether you had equal bargaining power) ;
    3. you relied on the conduct ; and
    4. as a result of your reliance on the conduct, you suffered a loss.
     
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  3. yeep

    yeep Active Member

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    Thank you so much!
     

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