Commentary

285 Commercial practices that constitute ‘misleading omissions’

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

285 Commercial practices that constitute ‘misleading omissions’

| Commentary

285 Commercial practices that constitute ‘misleading omissions’

A commercial practice is a misleading omission if, in its factual context, and taking into account all the features and circumstances of the commercial practice and the limitations of the medium used to communicate the commercial practice, it:

  1. 285.1

        omits or hides material information;

  2. 285.2

        provides material information in a manner that is unclear, unintelligible, ambiguous or untimely; or

  3. 285.3

        fails to identify its commercial intent (unless this is obvious from the context),

with the result that it causes (or is likely to cause) the average consumer to take a transactional decision she

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