For deceptive and misleading conduct or conduct that is likely to mislead or deceive under section 9 of the Fair Trading Act 1986 (FTA): Group of answer choices Whether misleading or deceptive conduct has or is likely to occur depends on a number of factors, including whether it was reasonable for people to be misled or deceived. Misleading or deceptive conduct will occur if every person seeing the conduct would be misled or deceived The defendant must have intended to mislead or deceive Misleading or deceptive conduct occur if just one person is shown to have been misled or deceived
Question
For deceptive and misleading conduct or conduct that is likely to mislead or deceive under section 9 of the Fair Trading Act 1986 (FTA): Group of answer choices
Whether misleading or deceptive conduct has or is likely to occur depends on a number of factors, including whether it was reasonable for people to be misled or deceived.
Misleading or deceptive conduct will occur if every person seeing the conduct would be misled or deceived
The defendant must have intended to mislead or deceive
Misleading or deceptive conduct occur if just one person is shown to have been misled or deceived
Solution
Whether misleading or deceptive conduct has or is likely to occur depends on a number of factors, including whether it was reasonable for people to be misled or deceived.
Explanation:
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Section 9 of the Fair Trading Act 1986 (FTA) in New Zealand prohibits misleading and deceptive conduct in trade. This includes conduct that is likely to mislead or deceive.
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Whether conduct is misleading or deceptive depends on a number of factors. It is not necessary that every person seeing the conduct would be misled or deceived, nor is it necessary that just one person is shown to have been misled or deceived.
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The test is whether it was reasonable for people to be misled or deceived by the conduct. This involves considering the nature of the conduct, the context in which it occurred, and the likely effect on the people who were exposed to the conduct.
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The defendant's intention is not relevant to whether conduct is misleading or deceptive under section 9 of the FTA. Even if the defendant did not intend to mislead or deceive, they can still be found to have breached this section if their conduct was likely to mislead or deceive.
Similar Questions
Deception involves which of the following?Group of answer choicesLeading a customer to have a false belief about a productTreating someone unfairly to benefit from their laborTaking advantage of a customer’s psychology to make a saleNone of the above
Which type of deception is taking place when someone presents a message that is entirely false?Group of answer choicesAvoidanceConcealmentLyingVague
Which of the following is NOT CORRECT about the Fair Trading Act 1986 (FTA): Group of answer choices If a business is engaged in potentially misleading conduct, it can only breach one section. For example, if a business breaches section 10 it cannot also breach section 9. If a business is contracting with a consumer, the business cannot state in its contract with the consumer that the FTA does not apply or that the consumer cannot sue for any loss or damage arising from the contract. The Commerce Commission is able to take cases to court if it believes a business has breached the FTA The FTA is broad in its application, eg it can cover statements made about goods and services as well as protecting both registered and unregistered trade marks. Plus it can create both civil and criminal liability.
Today we've gone over the following materials: Ericsson's essay "The Ways We Lie"Sam Harris's video "Why You Should Commit to Telling the Truth"The article from The Week magazine titled "Why Do We Lie?"Donald Hoffman's TED Talk "Do we see reality as it is?"John Gray's short paragraph on deception from Straw DogsBased on the arguments and ideas presented in the above, what is your overall verdict on the concept of lying, deception, and untruth? Should we be suspicious of all types of lies, as Ericsson suggests, and commit to telling the truth 100 percent of the time, as Sam Harris urges? Or, conversely, are certain types of lies, certain forms of deception or untruth, excusable--even necessary--for specific instrumental reasons, as Hoffman, Gray, and the Week magazine article suggest? Ultimately, are deception and untruth bad? Why or why not? Write 300-500 words responding the questions above. You may discuss other topics or arguments we discussed in class or that come to mind as you reflect on the materials we have covered today, so long as your overall response sticks to the general prompt of lying, deception, and untruth.
The practice of intentionally deceiving or misleading a person or business that leads to financial gain is called?
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