QUESTION 2 In Derry v Peek 14 App.Cas. 337 (House of Lords, 1889) the Court held...

QUESTION 2 In Derry v Peek 14 App.Cas. 337 (House of Lords, 1889) the Court held that there was not a fraudulent representation made by the tramway company. With reference to the issues before the court in that case, do you think that in 2020 it would be more desirable to sue under S 18 of the Australian Consumer Law? Explain your reasons.

Expert Solution

Answer:

Truly, it would be desirable to sue under S 18 of the Australian Consumer law. Prior it was excused under the way that the manager did not have a legitimate or honest belief in what they had said, and furthermore expressed that irrationality of the grounds of conviction isn't deceitful, it is proof from which deceit might be concluded.

A bogus statement, that is being made out of lack of regard and without sensible ground for trusting it to be valid, perhaps considered as an assertion of extortion however doesn't really add up to misrepresentation. Such a statement, whenever made in the fair conviction or honest belief that it is valid, isn't false and doesn't render the individual making it subject or liable to a act of deception.

Sec 18 of the Australian Consumer law(ACL) denies an individual, in exchange or business, from taking part in deluding or misleading behavior or it very well may be clarified in another manner as an all inclusive restriction on unfair behaviour in exchange or trade and explicit bans on unconscionable conduct.

ekkarill92 answered 2 years ago

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