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Australia Leading Case contributory negligencecompensatory damages

Henville v Walker

(2001) 206 CLR 459
JurisdictionAustralia
CourtHigh Court of Australia
Year2001
StatusBinding authority

Summary

Under TPA s 82 (now ACL), contributory negligence does not reduce damages for misleading or deceptive conduct; damages assessed on full loss caused by reliance.

Key Principle

TPA s 82 (now ACL); proportionate liability; contributory negligence and misleading conduct; damages assessment

Area of Law

consumer

Related Cases

Google LLC v ACCC (2021) 391 ALR 346

Google was not liable for misleading or deceptive conduct under Australian consumer law in respect of sponsored search results created and placed by third-party advertisers.

Australian Securities and Investments Commission v Kobelt (2019) 267 CLR 1

HCA held 4:3 that a book-up system with Indigenous customers was not unconscionable under ASIC Act s.12CB; unconscionability requires more than a poor bargain.

ACCC v Valve Corporation (No 3) [2016] FCA 196

Valve Corporation made false representations to Australian consumers that no refund rights existed for Steam game purchases, breaching consumer guarantee provisions of the ACL.

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