Book Review: Trade Practices Law. Restrictive Trade Practices Deceptive Conduct and Consumer Protection

DOI10.1177/0067205X7901000307
Published date01 September 1979
AuthorKenneth Sutton
Date01 September 1979
Subject MatterBook Reviews
1979]
Book
Reviews
325
Trade Practices Law. Restrictive Trade Practices Deceptive
Conduct
and
Consumer
Protection.
Volume
2. Deceptive
and
Unfair Conduct,
Consumer Protection, Shipping,
Enforcement
and
Remedies
by
BRUCE
G.
DONALD,
B.A.,
LL.B.
(A.N.U.),
LL.M.
(Harv.),
Solicitor of the
Supreme Court of New South Wales, L'ecturer (part-time) in Restrictive
Trade Practices, University of Sydney and J. D.
HEYDON,
B.A. (Syd.),
M.A.,
B.C.L.
(Oxon.) of Gray's
Inn
and the N.S.W. Bar, Barrister-at-
Law, Professor of Law and Dean of the Faculty of Law, University of
Sydney, Vinerian Scholar, Sometime Fellow of Keble College, Oxford.
(The Law Book ICompany Limited,
1978),
pp. i-liii, 509-875. Cloth,
recommended retail price $26.50 (ISBN: 0455 19742
3).
Since the Trade Practices Act was enacted by the Commonwealth
Parliament in 1974 the provisions of the Act and subsequent amend-
ments to it have been the subject of close scrutiny by practising and
academic lawyers. Not the least of the topics which have attracted
attention has been the consumer protection provisions contained in
Part
Vof the Act and there
is
aconsiderable body of literature on the
subject. The latest work to appear
is
the surv'ey of the sections of the
Act dealing with deceptive and unfair conduct, consumer protection,
overseas cargo shipping, and enforcement and remedies contained in
Volume 2of Trade Practices
Law
written by
B.
G. Donald and Professor
J. D. Heydon.
The book
is
aclose and detailed analysis of the relevant provisions
of the Act which takes into account much of the literature on the
topic both in Australia and the United States of America together with
appropriat,e decisions in these and other jurisdictions. There
is
an
extensive bibliography set out at the beginning of the book to which
reference
is
made in the text from time to time. Gaps do however
appear-some
relevant periodical literature
is
not listed and, conversely,
there are references to some sources which are not contained in the
bibliography; see for example the citation of Heydon (1978, p.
91)
(page
525).
Relevant Canadian legislation, periodical literature and
decisions-for
example Findlay
v.
Couldwelll-could
have but have not
been cited. Nevertheless, the book
is
acomprehensive survey of the Act
and of commentaries on it including judicial decisions and guidelines
issued on various aspects of it by the Trade Practices Commission.
While at times the authors are alittle hesitant in their approach and
it
is
not always easy to ascertain what
is
the final conclusion arrived
at on aparticular point
(for
example, the problem of what kind of
person
is
contemplated by section 52 as being misled
or
deceived,
discussed
at
pages 533-538), they have for the most
part
not been
afraid to take aposition on controversial issues.
In
the absence of a
considerable body of case-law on
Part
Vof the Act, acommentator
must necessarily adopt astance on the interpretation of the provisions
of the Act with which others will disagree. There are numerous
instances in this book where one can disagree with the conclusions
1(1976)
69
D.L.R. (3d) 320.

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