NCJ Number
51539
Date Published
1978
Length
767 pages
Annotation
THIS BOOK ANALYZES THE PROVISIONS OF THE TRADE PRACTICES ACT OF 1974 AND THE TRADE PRACTICES AMENDMENT ACT OF 1977 IN AUSTRALIA.
Abstract
THE PROVISIONS OF THE LEGISLATION ARE EXAMINED IN VIEW OF THEIR OPERATION WITHIN THE ECONOMIC AND COMMERCIAL ARENA. THE TEXT IS INTENDED FOR USE BY BUSINESS PERSONS AND THEIR PROFESSIONAL ADVISERS, INCLUDING MEMBERS OF THE LEGAL PROFESSION, ACCOUNTANTS, ECONOMISTS, MARKETING SPECIALISTS, AND ADVERTISING AGENTS. THE COMPLEXITY AND GENERALITY OF THE TRADE PRACTICES ACT HAS MADE INTERPRETATION DIFFICULT. IT IS SUGGESTED, THEREFORE, THAT FURTHER GUIDANCE FROM COURT AUTHORITIES BE SOUGHT IN QUESTIONABLE MATTERS. ALTERNATIVE VIEWS THAT ARE GIVEN FOR DOUBTFUL AREAS, INCLUDE PERSONAL COMMENTS. A NUMBER OF SIGNIFICANT CASES RELEVANT TO THE INTERPRETATION OF THE ACT AND DRAWN FROM THE UNITED STATES AND THE UNITED KINGDOM, ARE DISCUSSED, HOWEVER, IT IS EMPHASIZED THAT CARE SHOULD BE EXERCISED IN APPLYING THEM TO AUSTRALIAN LEGISLATION. A BROAD OUTLINE OF THE ACT IS GIVEN AND COVERS ITS FOLLOWING ASPECTS: THE CONSTITUTION, TRADE PRACTICES, ENFORCEMENT, CONCEPTS, DEFINITIONS, GOVERNMENT INSTRUMENTALITIES, CONTRACTS, COVENANTS, RESTRICTIONS, COMPETITION, BOYCOTTS, MONOPOLIZATION, EXCLUSIVE DEALING, PRICING, MERGERS, EXCEPTIONS, AUTHORIZATION, CONSUMER PROTECTION, UNFAIR PRACTICES, IMPLIED CONDITIONS, WARRANTIES, AND MANUFACTURERS' LIABILITY. A TABLE OF SYNOPSES, INDICATING THE PARAGRAPH IN THE ACT CORRESPONDING TO THE TOPIC OF DISCUSSION, IS GIVEN AT THE BEGINNING OF EACH CHAPTER. SUGGESTED READINGS ARE PROVIDED AT THE END OF EACH CHAPTER. TABLES OF CASES AND STATUTES, AN INDEX, AND FOOTNOTES ARE INCLUDED. (JCP)