Every marketing scheme1, other than a substitutional scheme2, must require a poll of the registered producers3 on the question whether the scheme should remain in force to be taken within such time as may be specified in the scheme4. There is a 'suspensory period' following approval of a scheme5, pending the poll of registered producers, during which the powers conferred by the scheme to regulate sales and the marketing of the regulated product6 cannot be exercised: if not less than two-thirds of those voting (in terms of both numbers and productive capacity)7
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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