Misleading & Deceptive Conducts: What do they mean?

Misleading and deceptive conducts falls under the wings of commercial law and if you are a victim of such, then you can seek the help of commercial lawyers in Melbourne area.

According to Section 18 of the Australian Consumer Law (ACL) (which applies in each State and Territory):

“A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.”

Person includes both individuals and corporations.

“In trade or commerce” conducts in the context of above mentioned law means such conducts which are carried out are of trading or commercial nature having a prime objective of making profit.

Conducts that counts

Those conducts which can be scrutinized as being misleading or deceptive includes:

• ·        Verbal communications or representations (including telephonic or face to face)

• ·        Written communications or representations (emails, letters etc.)

·        Silence

• ·        Representations about present and existing facts and intentions

• ·        Representations about future matters like projections and predictions.

Misleading and deceptive

Such conducts which induces errors and if there be a threat of real and not remote possibility of being mislead or deceived on the basis of those conducts, then those conducts can be said misleading or deceptive conducts.

Misleading and deceptive conducts include:

• ·        False promises and statements

• ·        A representation of a matter of future will be deemed misleading and deceptive if the representing person has no reasonable grounds for making the representations

• ·        A representation of a matter pertaining to present times will be deemed misleading and deceptive if the representing person has no reasonable grounds for making the representations

Remedies

According to Section 236 of the Australian Consumer Law (ACL):

“If a person suffers loss or damage because of the conduct of another person, and the conduct contravened [section 18], the claimant may recover the amount of the loss or damage by action against that other person, or against any person involved in the contravention.”

To get the remedies, the following must be proved:

• ·        The misleading and deceptive conducts were relied on and decisions were made upon those conducts. And

• ·        The conduct was actually responsible for and contributed to the damage or loss suffered, even if the conduct was not the primary or sole cause of the damages.

It’s highly advisable to seek legal help when being a victim of misleading and deceptive conducts. There are many prolific commercial lawyers in Melbourne who can assist in these situations.