Commentary

284 Commercial practices that constitute ‘misleading actions’

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

284 Commercial practices that constitute ‘misleading actions’

| Commentary

284 Commercial practices that constitute ‘misleading actions’

A commercial practice is a ‘misleading action’ if it causes (or is likely to cause) the average consumer to take a transactional decision he would not otherwise have taken; and:

  1. 284.1

        contains false information and is therefore untruthful in relation to any of a list of specified matters, or if it or its overall presentation deceives or is likely to deceive the average consumer in relation to any of the specified matters even if the information is factually correct1;

  2. 284.2

        concerns any marketing of a product (including comparative advertising) that

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