Misleading and Deceptive Conduct in Advertising

2075 Words9 Pages
Misleading and deceptive conduct According to Section 9, no person shall, in trade, engage in a conduct that is misleading or deceptive or likely to mislead or deceive. Breaching of this section does not constitute an offence but it’s a provision of the most civil actions of the breaches of the Act (Hubbard, 2013). When an employee makes a statement that David Beckham used a shave machine purchased from MME Ltd, if untrue, breach s13 (e), if there is no image of David Beckman in any of the advertisements with no accompanying statement, then it will not be false or misleading representation but under ss9 and 10 it will be deceptive conduct provided it can be argued that, somehow the advertisement created an impression that the product was associated with Beckman. Misleading conduct in relation to goods (s10), no person shall, in trade, engage in conduct that is liable to mislead the public as to the nature, characteristics, suitability for purpose or quantity of the service. Ss 13-16 are confined to actual statements either oral or written but ss 9-12 are concerned with conduct (Hubbard, 2013). Provision of inadequate information constitute conduct, held in the case of Heiber v. Barfoot & Thompson, T purchased a property on the Auckland waterfront, the agent was aware that local yacht club had permission to re-site their clubhouse in a position that the views would, to some degree be impaired. It was Held that the agent engaged in misleading or deceptive conduct in remaining silent about the club’s plans, failing to mention the proposed re-siting of the clubhouse made the literal truth false. However it must be pointed out that a conduct must be capable of conveying a meaning. Misleading conduct in relation to employment (s12), ... ... middle of paper ... ...sibility to compile with lies on everyone. Fair Trading Act was used in this guide to show how some situations which arise in business are applied to law. Headings were used to cover the most important sections of the act with details on how it relates to business. Having said all that, I can conclude that this was just a guide on how each and every one should compile with the law, there are many sections which I didn’t mention, not because they are not important but I wanted to emphasise on the ones which are usually encountered in everyday business. Everyone must follow the law, if you are found to be in breach of any act, there are penalties. Any company or person has the right to defend the charges laid upon them but evidence must be provided. There are also remedies which can be claimed, not only under this act but in other laws as well.
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