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Whilst many Australians are familiar with the use and application of the misleading and deceptive conduct provisions in the broader context of commerce they can also apply in specific instances such as with respect to goods and services.
Section 29 of the Australian Consumer Law (ACL)
S 29 says do not mislead others in the following contexts: -
- standard, quality, value, grade, composition, style, model, history or use of goods ~ s 29 1(a);
- standard, quality, value or grade of services ~ s 29 (1)(b);
- that goods are new ~ s 29 (1)(c);
- a specific person has agreed to acquire goods or services ~ s 29 (1)(d);
- testimonials about goods or services (or statements about the testimonials) ~ s 29(1)(e) and (f);
- sponsorship, approval, affiliation, performance characteristics, accessories, uses or benefits of goods or services ~ s 29(1)(g);
- sponsorship, approval or affiliation ~ s 29(1)(h);
- price of goods or services ~ s 29(1)(i);
- availability of spare parts (or facilities for repair) of goods ~ s 29 (1)(j);
- the place of origin of goods ~ s 29(1)(k);
- the need for goods or services ~ s 29(1)(l);
- the existence (or exclusion or effect) of any condition (or warranty, guarantee, right or remedy) ~ s 29 (1) (m);
- a requirement to pay for a contractual right (when that right already exists) ~s29 (1) (n).
Consequences of breaching section 29
A breach of section 29 can be an offence (see: s 151 of ACL) or create a liability to pay damages (see: s 236 of ACL).
Statutory cause
Whilst there can be breaches of contract in the ordinary sense and under the common law this type of breach is a statutory one.
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