Misleading or deceptive conduct is a broad-spectrum cause of
action that frequently arises in the practice of commercial
litigation.
Where a third party relies on misleading or deceptive conduct,
and another party suffers loss and damage because of that third
party's reliance, the party that suffered loss and damage may
be entitled to damages.
This article considers the above issue in brief.
What is misleading or deceptive conduct?
Section 18 of the Australian Consumer Law (the "ACL"),
being Schedule 2 to the Competition and Consumer Act 2010
(Cth), relevantly provides that "a person must not, in
trade or commerce, engage in conduct that is misleading or
deceptive or is likely to mislead or deceive."
