Misleading Advertisement
Sheldon College
Contract Law
Term 1, Legal Studies, 2013
Mitchell Bognar
Legal Speech:
In Australia’s ever growing business economy, contracts are becoming more evident in enforcing promises between parties. From contracts involving informal agreements (buying food from your local supermarket) to written documents concerning a legally binding agreement (buying and selling a block of land), contracts are in practically every concordat. The legal restrictions in relation to contract law are unclear with regards to company advertisement campaigns. The legal definition of misleading advertisements is undefined within the current Queensland Legislation, with businesses being unsure with how misleading differs from invitation to treat and puffery. This speech will therefore assess these legal terms, discuss how the punitive damages are inconsistent between cases and portray how the punishments aren’t deterring companies from producing misleading advertisement campaigns. Therefore portraying the inefficiencies within the Competition and Consumer Act (2010) (Cth), whilst providing a recommendation to improve the current contractual legislation.
The legislation in relation to misrepresentation has been a controversial topic for years, becoming more efficient only in recent times within Australia. With significant alterations to the Trade Practices Act (1974) (Cth), it was renamed under the title Competition and Consumer Act (2010) (Cth). Australian Consumer Law (Cth) is encompassed within the act under schedule 2, producing equality within terms of contract and consumer law within Australia. This new legislation is enforced by the Australian Competition and Consumer Commission (ACCC), an independent regulatory body put in place by the Government. Covering the enforcement roles of the Competition and Consumer Act (2010) (Cth) and a range of additional legislations within Australia (About the ACCC, 2011). The legislation covers all variations of
Contract Law
Term 1, Legal Studies, 2013
Mitchell Bognar
Legal Speech:
In Australia’s ever growing business economy, contracts are becoming more evident in enforcing promises between parties. From contracts involving informal agreements (buying food from your local supermarket) to written documents concerning a legally binding agreement (buying and selling a block of land), contracts are in practically every concordat. The legal restrictions in relation to contract law are unclear with regards to company advertisement campaigns. The legal definition of misleading advertisements is undefined within the current Queensland Legislation, with businesses being unsure with how misleading differs from invitation to treat and puffery. This speech will therefore assess these legal terms, discuss how the punitive damages are inconsistent between cases and portray how the punishments aren’t deterring companies from producing misleading advertisement campaigns. Therefore portraying the inefficiencies within the Competition and Consumer Act (2010) (Cth), whilst providing a recommendation to improve the current contractual legislation.
The legislation in relation to misrepresentation has been a controversial topic for years, becoming more efficient only in recent times within Australia. With significant alterations to the Trade Practices Act (1974) (Cth), it was renamed under the title Competition and Consumer Act (2010) (Cth). Australian Consumer Law (Cth) is encompassed within the act under schedule 2, producing equality within terms of contract and consumer law within Australia. This new legislation is enforced by the Australian Competition and Consumer Commission (ACCC), an independent regulatory body put in place by the Government. Covering the enforcement roles of the Competition and Consumer Act (2010) (Cth) and a range of additional legislations within Australia (About the ACCC, 2011). The legislation covers all variations of