Conduct conveying contractual misrepesentations which mislead or deceive: Grounds for judicial intervention
[extract] Conduct that is misleading or deceptive must involve a contractual misrepresentation of some kind. Such conduct is best illustrated by s.52 of the Australian Trade Practices Act 1974 (Cth) (TPA), which provides that "a corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive". This prohibition is very wide and extends to all forms of misleading or deceptive conduct and is not restricted to such conduct as would constitute misrepresentation at common law. Section 52 is a comprehensive provision of wide impact due to its breadth and its application to diverse areas of law.
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