"Whoever suggested contractual limitations bypass legal liability doesn't understand how the legal system works in my opinion, as misleading and deceptive conduct cuts right through any of this"
Sure, I'll bite. What is the misleading or deceptive representation here that you believe has directly led to loss?
Misleading or deceptive conduct is not just a catch-all you can rely on for any type of loss. It's a cause of action that can be applicable to particular situations. If Tyro literally said to its customers "you will never ever have an outage, guaranteed" and customers entered into a contract with Tyro on the basis of that representation, then maybe misleading or deceptive conduct could be in play. Equally, if in a prospectus there are forward-looking claims made without a reasonable basis at the time they're made, you could have a claim. But it's not just this magical law that you can invoke regardless of the circumstances...
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- Ann: COVID-19 Trading Update 46 - Week Ended 29 January 2021
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