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Difference between revisions of "Consumer Protection from Deceptive and Unconscionable Acts (11:IV)"
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Consumer Protection from Deceptive and Unconscionable Acts (11:IV) (view source)
Revision as of 20:16, 12 August 2020
, 20:16, 12 August 2020→B. Defining a “Deceptive or Unconscionable Act or Practice”
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A plaintiff consumer relying on the supplier’s deceptive practice for an action should show: | A plaintiff consumer relying on the supplier’s deceptive practice for an action should show: | ||
*a) that | *a) that they were actually deceived by the deceptive practice; | ||
*b) that | *b) that they relied on the deception to the extent that an error in judgment resulted from the deception; and | ||
*c) that the error in judgment caused loss. | *c) that the error in judgment caused loss. | ||
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Under s 9(2), if it is alleged that a supplier committed or engaged in an unconscionable act or practice, the burden of proof is on the supplier to show that the unconscionable act or practice was not committed. | Under s 9(2), if it is alleged that a supplier committed or engaged in an unconscionable act or practice, the burden of proof is on the supplier to show that the unconscionable act or practice was not committed. | ||
:'''NOTE:''' As above, s 8(3) sets out a list of circumstances that the court must consider when determining whether a practice is unconscionable. Again, this list is not comprehensive, as the court must consider all of the surrounding circumstances of which the supplier knew or ought to have known. | :'''NOTE:''' As above, s 8(3) sets out a list of circumstances that the court must consider when determining whether a practice is unconscionable. Again, this list is not comprehensive, as the court must consider all of the surrounding circumstances of which the supplier knew or ought to have known. | ||
== C. Remedies and Sanctions == | == C. Remedies and Sanctions == | ||
