Figure 6.2 Misleading and Deceptive Conduct – s.18, ACL LIABILITY under s.18, ACL Conduct Misleading, or likely to be misleading Deceptive, or likely to be deceptive In trade or commerce | + EXCEPT: Person in business of supplying information; AND NOT: in advertisement or promotion Limits liability to business contexts Need not actually deceive anyone, BUT:- - Evidence that someone was misled or deceived is useful to prove liability; - Someone who is actually misled can bring action for remedies like:- - damages; - injunction; - rescission; - variation of contract. Usually, statements or visual representations