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... when defending their brands from misuse under the Google Adwords program 1. . The ACCC brought p... the Trade Practices Act (the TPA) for misleading and deceptive conduct in relation to the "sponsore...
... case was brought at common law and for misleading conduct proscribed by the Trade Practices Act (Cth... v Walker, a leading case on damages under s82 of the TPA. . That case suggests generally tha...
Joint and several liability means that any tortfeasor liable to a plaintiff for the same harm may be sued for the whole amount of the plaintiff's loss, irrespective of whether other persons are also liable. This article seeks to outline some of the legislation passed in Australia and to examine how they might be implemented. It is intended to give some insights into possible issues arising for those overseas insurers insuring into Australia where contribution issues might arise between defendants. Similar issues can arise even when there is no cross-border dispute but when causes of action are pleaded concurrently based on State and Commonwealth proportionate liability legislation. As indicated in this article, the positions is by no means clear. Clarity may emerge over the coming month...
...Unlike joint and several liability, under proportionate liability each tortfeasor's liabilit... only operate in respect of the misleading and deceptive conduct provision of the TPA2 and th...
... Barry, if regarded as a "featured player" under the CBA (which Barry alleges he is), then in accor..., which deals with matters relating to misleading and deceptive conduct in trade and commerce and is...
... extrinsic material can be treated as misleading and deceptive conduct under the Trade Practices Ac...
...Condition for Coverage of Drugs under Part D (Sec. 423.2305) d. Medicare Coverage Gap Di...(3)(D) of the Act permits manufacturers to conduct periodic audits, directly or through contracts, of... ensure that marketing material is not misleading. Section 1876(i)(3)(D) of the. Act gives the Secre...
..., which upheld a defence to a claim of misleading and deceptive conduct based on s 65A of the Trade ... for its misleading and deceptive conduct under s 65A of the TPA. . Findings The High Court upheld...
... (section 75AZF, up to $1,100,000) penalties under the TPA. . To whom do the new provisions apply? Th...In particular, to avoid engaging in misleading and deceptive conduct, a corporation should consid...
... a specified time frame) a party's rights under a contract. If the parties understand the risks th.... to attempt to limit liability for "misleading and deceptive conduct": while parties cannot contr...
... that they are meeting their obligations under the Code and the Trade Practices Act 1974 (TPA) . ... Code, or Part V, a breach of the misleading and deceptive conduct provisions, except in a case...
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