4.6 Deceiving Consumer and Defective Production and Supply

The consumer's torts (the unit's close — the consumers' two wrongs): The deception: the misleading practices against the consumer — the false claims, the hidden terms, the price's misstatement, the quality's misdescription (the CPA 2075's black-list: the deceptive advertisement, the substandard sale, the adulteration, the short-weighing, the hidden charges — the Unit 2.5 consumer faces' catalogue); The defective production and supply: the defective good's harm — the product liability's full face: (i) the strict-liability route (the defect's answer without the fault proof — Unit 1.4); (ii) the negligence route (the care's failure in design-production-warning); (iii) the warranty route (the quality's promise — the merchantable quality's breach); the three routes' comparison the exam loves; The remedies' faces: the replacement, repair and refund (the three R's); the compensation (the harm's answer — the CPA 2075's claims and the Code 2074's tort route — Unit 2.5's frame); the punitive-and-publicity faces (the Department's penalty orders). Exam Focus Long questions: (i) The fraud-or-deceit FIVE ELEMENTS (the ladder — the exam's classic); (ii) The unfair competition faces (passing off as the anchor) + the disparagement trio (the proof's three); (iii) The consumer's wrongs — the deception and the defective production (the three product-liability routes compared). Short questions: passing off; slander of title; scienter; the three R's. Trick areas: (i) Disparagement targets the GOODS, defamation the PERSON…