"""Misleading and deceptive conduct"" you wrote.Why don't you...

"""Misleading and deceptive conduct"" you wrote.

Why don't you have a look at what that means.

Here are a couple of possible definitions/meanings so that everyone can make their own judgments.



""Misleading or deceptive conduct (statutory prohibition)

The statutory prohibition of misleading and deceptive conduct can now be found in s 18 of the Australian Consumer Law (contained in schedule 2 of the Competition and Consumer Act 2010 (Cth)) (previously the provision was s 52 of the Trade Practices Act and much of the case law - as well as many practitioners - will still refer to 's 52). Section 18 provides:


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 mislead or deceive.
…

The reference to 'trade or commerce' excludes purely private sales but captures most commercial activity. Where a breach of section 18 is established a range of remedies are available including damages and contractual avoidance or variation.""


And here is another.


"Common law misrepresentation

Common law misrepresentation overlaps with the statutory misleading conduct provisions and in practice is only relevant where the CCA does not apply; that is, in non-commercial contexts. An actionable pre-contractual misrepresentation occurs where a party makes a 'false representation' (orally, in writing or by conduct), the representation is one of fact (rather than a statement of opinion of law or a prediction about the future), it must be made to the other contracting party and it must induce the contract. Where established the key remedy is rescission (generally damages are not available unless the misrepresentation constitutes a tort - that is, it is also fraudulent or negligent - in which case tortious (but not contractual) damages may be available). Even where misrepresentation is established there are some limits on rescission - most significantly, if restitution is not possible the right to rescind will be lost."


End of quotations.

Now, isn't that, unless I have missed something of course, what Kronos is demanding from us.??
If they want their money back, what then.?? I hope that, for the benefit of all of us, the plant is up and running at full bore and generating income by then, For, if it isn't.....



PS. There are many other versions of "Misleading and deceptive conduct" as well. DYOR!!!