A representation as to future conduct made with a positive intention not to perform it constitutes misleading or deceptive conduct under s 52 TPA and s 56 FTA, even where the representation is not included in the written contract between the parties. Where a vendor parts with an asset on the basis of fraudulent representations as to the total price, the measure of loss is the difference between the total represented price and the amount actually paid, and the negotiated arm's length price is sufficient evidence of value in the absence of expert evidence to the contrary.
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