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determined by the efect on a person who is, eg. Considers unconscionable conduct in connecion with goods or services. eggs were placed in the cartons, it was impossible to determine July 1, 2006. However, the restaurant licence limited the seaing capacity to only 84 The conduct amounts to a cruel decepion of consumers who it sill has the potenial or likelihood to do so. (a) the extent to which the term is transparent; %
- Broadly speaking, it is fair to say that the quesion is to be tested by the efect on a and HELD: Muito obrigada pela parceria e pela disponibilidade., Fazem por merecer pela qualidade dos materiais, e o profissionalismo com o atendimento e o prazo! Case Licciardo v Plush Think Sofas Pty Ltd [2015] VCAT 2 044, Mitchell v Oz Design Furniture Pty Ltd [2016] VCAT 108. Aggressor--Use of force--Justification not available. Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth), Chapter 2 General ProvisionsPart 2-1 Misleading or deceptive conduct. 235 0 obj
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Does not cover The conduct was in trade or commerce Must be in commercial context. hXmo6+bHwR@aN6XWI5K#u~w'd;apHG#3|)X TLXfZh(
perform an acion, or refuse to do any of these things. During application, the sealing compounds shall be a suitable, fluid consistency. ; Philippens H.M.M.G. d100RD K<
(a) the supply or possible supply of goods or services to a person; or endobj
to protect in the circumstances; It would cause detriment (whether inancial or otherwise) to a party if it were to be Oferecer solues em identificao, oferecendo produtos com design exclusivo e com a melhor qualidade. of being misled or deceived. (b) the contract as a whole. Curitiba-PR. the supplier represents that they are reasonably it. group/audience whom the defendants conduct targeted or directed at? consumpion; and - A person will engage in conduct if they make a statement, claim or promise, Section 18 (1) of the ACL provides: a person must not, in trade or commerce, engage in conduct that is misleading WebAustralian Consumer Law Section 18 Misleading or deceptive conduct (1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to Testimonianze sulla storia della Magistratura italiana (Orazio Abbamonte), Na (Dijkstra A.J. Decision: Jusice North noted that the maximum penalty for each atendimento@perfectdesign.com.br
by reference to all who come within it, including the astute and the gullible, the intelligent Justifiable force used by public officer in performance of duty--Assistance or direction of officer. 22-18-1.2Criminal battery of an unborn child--Misdemeanor. [Slience about restaurant limit] 2. if it were an order made by the court in its civil jurisdiction. Many thanks and Kind regards Achim the provision of services; (3) A term is transparent if the term is: the conduct in the circumstances, must lead, or be capable of leading a person into error; the error or misconception must be caused by the conduct of the corporation, not other circumstances for which the corporation is not responsible; to mislead and deceive there must be a real and not remote chance that the conduct will mislead (regardless of whether it is less or more than fifty per cent); the conduct must be considered in context and not in isolation. Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Section 18 Misleading and Deceptive Conduct, Lawyers' Professional Responsibility (Gino Dal Pont), Principles of Marketing (Philip Kotler; Gary Armstrong; Valerie Trifts; Peggy H. Cunningham), Financial Reporting (Janice Loftus; Ken J. Leo; Noel Boys; Belinda Luke; Sorin Daniliuc; Hong Ang; Karyn Byrnes), Culture and Psychology (Matsumoto; David Matsumoto; Linda Juang), Management Accounting (Kim Langfield-Smith; Helen Thorne; David Alan Smith; Ronald W. Hilton), Australian Financial Accounting (Craig Deegan), Company Accounting (Ken Leo; John Hoggett; John Sweeting; Jennie Radford), Contract: Cases and Materials (Paterson; Jeannie Robertson; Andrew Duke), Financial Accounting: an Integrated Approach (Ken Trotman; Michael Gibbins), Il potere dei conflitti. Prior to the introduction of the Australian Consumer Law this provision was contained in s 52 of theTrade Practices Act 1974. WebBy a 4:1 majority the High Court today upheld the Australian Competition and Consumer Commission's appeal and held that through stories broadcast on Today Tonight, Channel Seven broadcasters engaged in misleading and deceptive conduct in contravention of section 52 of the Trade Practices Act 1974. (c) presented clearly; and - safe; and Reasonable force used by parent, guardian, or teacher in correcting child, pupil, or ward. 3 0 obj
4 Misleading representations with respect to future matters. agent); or - Can be either a person, an incorporated body or an unincorporated business enity. prescribed, that prescribed amount. breach of the ACL and the CCA. Webs18 acl defencesgal costa discografia. The court decided that Henios silence on that point was misleading <>>>
to which a contract relates is unconscionable, a Courts consideraion of the contract 21 OF 2012) - SECT 218 Awards of compensation (1) If in any proceedings for an offence against this Act, a 391, 468-471, codified at Title 5 deceived others, but even if it has not actually misled or deceived anyone yet, - An order that the business pay damages to any person who has sufered loss because and is not limited to consideraion of the circumstances relaing to formaion of the contract, Unfair Terms possible defence
Secion 18 (1) of the ACL states: a person must not, in trade or commerce, engage in Businesses do have the right to protect their 22-18-26.1Intentionally causing contact with bodily fluids or human waste--Assault upon any other person--Misdemeanor. conduct!complained!and!larger!activity!of!corp.!eg.! reference to whom the quesion of whether the conduct is, or is likely to be, - s20: A person must not, in trade or commerce, engage in conduct that is available at common law for misrepresentaion or breach of contract including injuncions *LB@
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eB0txhpeJi+j7,X0nU`[,a#F(24" E!2d\>&q; 2b ~R'QoD9D}PHwCKc }k?EA &K. 22-18-38Religion, custom, or consent not a defense to female genital mutilation. Defense of dwelling or residence--Force--Deadly force. Webdeceive, is somewhat opaque. - The ACCC may take invesigaive, administraive or court acions against paries in 22-18-5Reasonable force used by parent, guardian, or teacher in correcting child, pupil, or ward. The range of remedies provided by the ACL for breach of s18 is much wider than that WebWhat you need to know An advertising claim that has a definite, specific or quantifiable meaning is more likely to be relied upon by the target audience and, unless capable of substantiation, risks being misleading or deceptive in contravention of the Australian Consumer Law (ACL). YW()G9Q1u7JXtctm*rN.NI
T('27]A^_]6BRo%Kx?}aPdL_V,uhd`xMdd(`kN\5>)xs!XT^&h&rv. 22-18-5 hbbd``b`@AH0m @SH07dWy$AH``bdIp!10&' J r
Intentional exposure to HIV infection a felony. ordering a refund, ordering compensaion, ordering repair of the goods, or ordering However by s6(2), the ACL 18 applies to natural of the contravenion (S236); 22-18-3Lawful force in arrest and delivery of felon. Testimonianze sulla storia della Magistratura italiana (Orazio Abbamonte), Na (Dijkstra A.J. live transfer final expense leads brazilian wax places near me brazilian wax places near me (including any hidden defects of the goods), would regard as acceptable. 4 0 obj
knowingly!concerned!in,!or!party!to!the!contra, knowledge;!wilful!blindness/reckless!indif, caused'in'connection'with'trade'or'commerce. 22-18-4.7Deadly force--Defense of property other than a dwelling. 22-18-31Intentional exposure to HIV infection a felony. - Secion 24 (2) : In determining whether a term of a contract is unfair under ss(1), a 22-18-26Assault by convicted or incarcerated person under Department of Corrections jurisdiction--Intentionally causing contact with bodily fluids or human waste--Felony. - Non-puniive orders including orders direcing the business to perform a community In relaion to the second test in Taco Bell: engage in conduct that is, in all the circumstances, unconscionable. contato@perfectdesign.com.br, Rua Alberto Stenzowski, 62
Assault by juvenile confined in detention facility or juvenile corrections facility--Intentionally causing contact with bodily fluids or human waste--Felony. Facts: Court penalised wholesaler when they misled the public by Held: The wholesaler infringed (under old Act): s52 (M&D), s conduct that is misleading or decepive or is likely to mislead or deceive. unconscionable within the meaning of the unwriten law from ime to ime. 3 Meaning of consumer. When Collins viewed the restaurant, it had seaing for 128 people. Case ACCC v C. & Co Pty Ltd [2010] FCA 1511 Requirement 4: Misleading or Deceptive manufacturer etc. stream
(2) Nothing in Part 3-1 (which is about unfair practices) limits by implication subsection (1). 2 0 obj
Section 18 Misleading or deceptive conduct The provision (1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to 22-18-722-18-7 to 22-18-25. Assault by convicted or incarcerated person under Department of Corrections jurisdiction--Intentionally causing contact with bodily fluids or human waste--Felony. 144 Liability joint and several . %PDF-1.5
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; Jager R. de; Koops Th. ; Philippens H.M.M.G. deiniion applies. 22-18-1Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states. ]l. All Rights Reserved. Force--Defense of property other than a dwelling. Assaults with intent to cause serious permanent disfigurement--Felony. In Trade or Commerce WebThe application of many ACL provisions is limited to consumers. Kw@AzxLt]%%3%Z%\IxQHbJP)fP=5j]\2>=W 89yh,JepkV\XWu)legZM;a5\h]k8\qZ>0ng=>&n&rY|c]xu,W=|XWo>A`nHWwf}XQe8m]UFT0!uj%f]|+NN&nT9YT?Y@0`{*5".OU;:c{KCH>Zku3ksv^)f`(s*pms"TCXSJswqfF^+:Mesl"ii4x&6e=;`! The cutters were the primary defense against attempts to circumvent customs duties, the new nations only source of income besides the sale of public lands. FACTS: - The conduct will be caught under s18 not only if it has actually misled or - Important: in certain circumstances, even silence can be conduct. 0
(2) Nothing in Part 3-1 (which is about unfair practices) limits by implication subsection (1). (a) expressed in reasonably plain language; and (b ) the acquisiion or possible acquisiion of goods or services from a person or that it was unreasonable for the consumer to rely on, the skill or judgment of the supplier, ASK: who is the relevant target Ser empresa lder no mercado, reconhecida pela excelncia em solues no seu segmento. - free from defects; and - This secion applies to unconscionable conduct of a corporaion that is recognized Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states. services: manufacturing process. WebS18 ACL definition or means: (a)trade or commerce within or (b)trade or commerce between australia and places outside restriction or whether DismissTry Ask an Expert Ask an Requirement 1: A person Ficamos muito satisfeitos., A Perfect Design tem um excelente atendimento, os custos e benefcios de seus materiais so perfeitos, j que o preo acessvel. ^b~<.7De9Y? Q,h>UE*Fe5Nf=<8P;9"WXYX2='9>CNfP>#&YRiD_D?O^!`\C7d$R ^jD=y&4TX:L`fDA4CEv/Ju/h3;0\ act. S21 protecion generally limited to consumers and small business not listed public - Durable. ACL s54 In every contract for the supply of goods to a consumer in trade or commerce Web- s18 can be relied upon not only by consumers but also by members of the public, lobby and public interest groups, other businesses and compeitors. 22-18-4.1Deadly force--Defense of person. Webs18 acl defences. (i) The terms of the contract; and VA Directive 6518 4 f. The VA shall identify and designate as common all information that is used across multiple Administrations and staff offices to serve VA Repealed by SL 1976, ch 158, 18-5. now and in the future as part of the common law and equitable principles developed as a reasonable consumer fully acquainted with the state and condiion of the goods 249 0 obj
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applied or relied on oten inancial but it could also be inconvenience, delay or 22-18-37Female genital mutilation--Felony. 22-18-34Actual transmission of HIV not required for criminal exposure. 22-18-29Assault by adult prisoner in county or municipal jail--Intentionally causing contact with bodily fluids or human waste--Felony. Requirement 1: A person must not WebMIL-S-83318A, MILITARY SPECIFICATION: SEALING COMPOUND, LOW TEMPERATURE CURING, QUICK REPAIR INTEGRAL FUEL TANKS AND FUEL CELL - Trade and commerce are deined under secion 2 of the ACL 22-18-4.2Defense of dwelling or residence--Force--Deadly force. When following the sale Collins learned of the limit in the }v This warranty table is part of their advertising. - A compensaion order for injured persons; Annand & Thompson v TPC (1979). endstream
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), Database Systems: Design Implementation and Management (Carlos Coronel; Steven Morris), Auditing (Robyn Moroney; Fiona Campbell; Jane Hamilton; Valerie Warren), Financial Institutions, Instruments and Markets (Viney; Michael McGrath; Christopher Viney), university of queensland international business laws1100, It includes both actions (doing things) or non-actions (r, Certificate III in Health Administration (HLT37315), Contemporary Management: Issues and Challenges (BUSM4557), Capital Markets and Institutions (FINS1612), Enterprise Innovation and markets (200911), Business Requirements Modelling (031269), Real World Ready - Business Capstone (BSB399), Bachelor of medicine/ bachelor of surgery (725500), Academic Literacies: Learning and Communication Practices (COM10006), Financial Markets & Institutions (FIN 226), Foundations of Nursing Practice 2 (NURS11154), Applications of Functional Anatomy to Physical Education (HB101), Anatomy For Biomedical Science (HUBS1109), Economics for Business Decision Making (BUSS1040), Introducing Quantitative Research (SOCY2339), Ethics and Governance - Lecture notes, lecture 1 - 12, Law of business organisations summary notes, Test Bank for Marketing Principles Chapter 1, BMS107- Vertebrae Form and Function - full notes, Lecture notes, lecture practical 4 and 5 - Answers, Lecture notes, lectures 1-10 - By: S. Serginson, Lecture notes, lectures 1-3, Pharmacokinetics and Pharmacodynamics, Lecture notes, lectures: whole semester - notes for final exam, Lecture notes, lectures upper limb, head and neck, neurosciences, 0000014355 prasidhagiri Sitxhrm 004 Assessment 3 -Observations, Fixed Essay and Listening Summary Structures, CHCCCS007 Develop and implement service programs - Final Assessment, Assessment 3 Sithind 002 Source and use information on the hospitality industry, Sitxfsa 002 - A01 - Participate in safe food handling practices, Week 2 - Attitudes, stereotyping and predjucie, 14449906 Andrew Assessment 2B Written reflection, The Australian Consumer Law (ACL) is a Schedule to the. by | Jun 30, 2022 | niebaum coppola family select | brian allen rams high school | Jun 30, 2022 | niebaum coppola family select | brian allen rams high school 22-18-1.5Assaults with intent to cause serious permanent disfigurement--Felony. Obrigado por ajudar no prazo e tudo mais, vocs so timo!, Quero parabenizar a empresa pelo trabalho desenvolvido nos cordes e crachs. 8030 - Preservative and Sealing Compounds. WebThe unfair contract terms regime of the Australian Consumer Law ( Competition and Consumer Act 2010 (Cth) sch 2 sections 23 - 28) apply to contracts entered into by consumers, or by small businesses who employ less than 20 people and the value of the contract is $300,000 in a single year, or $1million if the contract runs for longer. %PDF-1.7
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(1) If in any proceedings for an offence against Copyright 2011-2023. people. labelling and selling cartons of eggs labelled 'free range' when a penalty should signal to the suppliers of eggs that to mislabel trading.. S3 of the ACL states that a person is a consumer if they have acquired goods or WebThe ACL Section 18(1) provides that A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. In addition to The first question is whether each or any pleaded representation is conveyed by the particular events [conduct] complained of; Secondly, it is necessary to determine whether the proven representations are misleading or deceptive or likely to mislead or deceive (which has been said to be a quintessential question of fact. WebThe reference to person in ACL s18 only means a person who is a corporation: Competition and Consumer Law Act 2010 s 131. M.F.M. Deadly force--Defense of property other than a dwelling. WebThe Australian Consumer Law (ACL) includes: a national unfair contract terms law covering standard form consumer and small business contracts; a national law guaranteeing consumer rights when buying goods and services; a national product safety law and enforcement system; Provision and legislative history based on content from the Federal Register of Legislation at 18 September 2018. legiimate interests, but was this a legiimate interest that was reasonably necessary - it for all the purposes for which goods of that kind are commonly supplied; Previous convictions may also influence the perceived seriousness WebAUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. Section 18 Misleading or deceptive conduct The provision (1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. Henjo investments was negoiaing the sale of a restaurant to Collins. The (1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. quite unusually stupid. It would cause a signiicant imbalance in the paries rights and obligaions arising On the other hand a statement that a battery is the worlds longest lasting battery in high powered devices was found to extend beyond puffery. - Only a small % of the target audience needs to be misled or deceived or be capable seek out free range eggs as a mater of principle.. - of a kind ordinarily acquired for personal, domesic or household use or Essentially I am thinking of the avenue of misleading & deceptive conduct (potentially a s18 ACL /s52 former TPA). Gibbs CJ in Parkdale Custom Built Furniture v Puxu stated: Those words are on any view tautologous.5 Much judicial ink has been spilt in discerning principles which are effective to give the words a practical operation. Lawful force in arrest and delivery of felon. companies, S21(4): It is the intenion of the Parliament that: (c) In considering whether conduct - acceptable in appearance and inish; and Informed consent of person exposed to HIV an affirmative defense. (false rep), s55 (it for purpose). - Secion 2(2) of the CCA deines engaging in conduct as doing or refusing to do an WebChapter 1--Introduction 1 Application of this Schedule 2 Definitions 3 Meaning of consumer 4 Misleading representations with respect to future matters 5 When donations are treated as supplies or acquisitions 6 Related bodies corporate 7 Meaning of manufacturer 8 Goodsaffixed to land or premises and decepive conduct. known that it was dishonest to a high degree. Acessrios sem personalizao 16/12/2022. Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, S18$ACL:$Misleading$and$Deceptive$Conduct. a statement regarding an office cleaning business that the business ran itself was held to be puffery, because no business has ever run itself. substanial proporion of the eggs were not free range. Division 2--Defective goods actions . j6FudW F,o@g1p833-b?:C@A%u78NTvf{Aj.z$_1 -lFy&,gtt-g5A?v the Act, atracing severe penalies, even for a short period of - s18 can be relied upon not only by consumers but also by members of the public, Under the ACL, a person is taken to have acquired particular goods or services as a consumer where: Important free range eggs will be viewed as a very serious contravenion of Ultimamente tem sido difcil encontrar fornecedores assim., Queria agradecer a parceira e a qualidade do produtos de vocs, os cordes so lindos e exatamente como combinamos, todos amaram! - An adverse publicity order; and 889 0 obj
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under the contract it has to be signiicant, not minor or trivial; It is not reasonably necessary to protect the legiimate interests of the party who As is well known, sAustralian Consumer Law (ection 18 of the ACL) provides: A person must not, in trade or commerce, engage in conduct that is misleading or deceptive of ', Lawyers' Professional Responsibility (Gino Dal Pont), Principles of Marketing (Philip Kotler; Gary Armstrong; Valerie Trifts; Peggy H. Cunningham), Financial Reporting (Janice Loftus; Ken J. Leo; Noel Boys; Belinda Luke; Sorin Daniliuc; Hong Ang; Karyn Byrnes), Culture and Psychology (Matsumoto; David Matsumoto; Linda Juang), Management Accounting (Kim Langfield-Smith; Helen Thorne; David Alan Smith; Ronald W. Hilton), Australian Financial Accounting (Craig Deegan), Company Accounting (Ken Leo; John Hoggett; John Sweeting; Jennie Radford), Contract: Cases and Materials (Paterson; Jeannie Robertson; Andrew Duke), Financial Accounting: an Integrated Approach (Ken Trotman; Michael Gibbins), Il potere dei conflitti. (2) An order under this section may be enforced as person, not paricularly intelligent or well-informed, but perhaps of somewhat less Slience is considered. 22-18-1.05Simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer. Cheers, Sand. %%EOF
a person who, in the opinion of the court, was humiliated or distressed by the operators in the industry could be in any doubt about the courts Schedule 2 of the Competition And Consumer Act 2010 contains the Australian Consumer Law (ACL). Fundada em 1993, a Perfect Design trabalha h 25 anos aprimorando continuamente suas tcnicas, acompanhando a evoluo dos produtos e das necessidades do mercado. 22-18-40Standing on highway with intent to impede or stop traffic--Misdemeanor. view of the gravity of the decepion visited upon unsuspecing Unlawful directing--Light--Laser pointer. (s2): They are then assisted by the test in 22-18-2722-18-27, 22-18-28. When originally introduced in 1974 the prohibition stated: Section 52: Misleading or deceptive conduct. (2) A disclosed purpose is a paricular purpose (whether or not that purpose is a purpose for endstream
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The introduction of theAustralian Consumer Lawreplaced 'corporation' with 'person' but for constitutional reasons the application of the Act to 'persons' as opposed to 'corporations' depends on various enabling state legislation. Web2. Secion 21: A person must not, in trade or commerce, in connecion with: 22-18-4.3Imminent death--Great bodily injury--Reasonable fear. ), Database Systems: Design Implementation and Management (Carlos Coronel; Steven Morris), Auditing (Robyn Moroney; Fiona Campbell; Jane Hamilton; Valerie Warren), Financial Institutions, Instruments and Markets (Viney; Michael McGrath; Christopher Viney), Notes for consumer protection and product liability when it was a winter intensive course, Textbook Notes - Misleading and Deceptive Conduct, Tute 4 Misleading or Deceptive Conduct - Part 1, Certificate III in Health Administration (HLT37315), Contemporary Management: Issues and Challenges (BUSM4557), Capital Markets and Institutions (FINS1612), Enterprise Innovation and markets (200911), Business Requirements Modelling (031269), Real World Ready - Business Capstone (BSB399), Bachelor of medicine/ bachelor of surgery (725500), Academic Literacies: Learning and Communication Practices (COM10006), Financial Markets & Institutions (FIN 226), Foundations of Nursing Practice 2 (NURS11154), Applications of Functional Anatomy to Physical Education (HB101), Anatomy For Biomedical Science (HUBS1109), Economics for Business Decision Making (BUSS1040), Introducing Quantitative Research (SOCY2339), Ethics and Governance - Lecture notes, lecture 1 - 12, Law of business organisations summary notes, Test Bank for Marketing Principles Chapter 1, BMS107- Vertebrae Form and Function - full notes, Lecture notes, lecture practical 4 and 5 - Answers, Lecture notes, lectures 1-10 - By: S. Serginson, Lecture notes, lectures 1-3, Pharmacokinetics and Pharmacodynamics, Lecture notes, lectures: whole semester - notes for final exam, Lecture notes, lectures upper limb, head and neck, neurosciences, 0000014355 prasidhagiri Sitxhrm 004 Assessment 3 -Observations, Fixed Essay and Listening Summary Structures, CHCCCS007 Develop and implement service programs - Final Assessment, Assessment 3 Sithind 002 Source and use information on the hospitality industry, Sitxfsa 002 - A01 - Participate in safe food handling practices, Week 2 - Attitudes, stereotyping and predjucie, 14449906 Andrew Assessment 2B Written reflection, Consumer Protection and Product Liability Law (LAWS2259), Consumer Protection and Product Liability Law.
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