State Fair Trading Legislation contains similar provisions in relation to misleading or deceptive conduct by individuals.
A range of remedies are available in the event of misleading or deceptive conduct.
The prohibition on misleading conduct is set out in section 18(1) of the Australian Consumer Law:
When there is a duty between parties at common law to disclose facts, then a failure to do so may be misleading conduct.
Generally, 'mere silence' is not misleading conduct unless there is a reasonable expectation that the person should disclose facts.
It is part of a pattern of misleading conduct that, I think, is outrageous.
Its purpose is to encourage competition and to protect consumers from misleading and deceptive conduct and unfair trade practices.
In contrast, if a defendant lies to a witness hoping the witness will believe the story, this is misleading conduct.
President Clinton engaged in misleading conduct in order to influence the testimony of witnesses in judicial proceedings.
In late 2003 a disgruntled investor sued the developer for "misleading and deceptive conduct".