A homeowner selling their residence through a real estate agent at auction is not engaged in conduct 'in trade or commerce' for the purposes of s 52 of the Trade Practices Act, and s 84(4) does not impute the agent's business character to the principal. Where a purchase price is payable on deferred terms without interest, the measure of damages under s 82 requires comparison with the present value of the consideration (discounted at an appropriate market rate), not the face value of the purchase price. The bringing of proceedings claiming alternative relief of rescission or damages does not constitute an unequivocal election to affirm a contract.
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