State of mind and conduct of principal (not a body corporate), establishing
111 State of mind and conduct of principal (not a body corporate), establishing
Where, in a proceeding under this Part or the Australian Consumer Law (WA) in respect of conduct that is engaged in by a person (the principal) other than a body corporate and to which this Part or the Australian Consumer Law (WA) applies, it is necessary to establish the state of mind of the principal, it is sufficient to show —
that an employee or agent of the principal engaged in that conduct within the scope of the person’s actual or apparent authority; and
that the employee or agent had that state of mind.
Conduct of the kind set out in paragraph (a) or (b) that is engaged in on behalf of a person (the principal) other than a body corporate is to be treated, for the purposes of this Act, as having been engaged in by the principal as well —
conduct by an employee or agent of the principal within the scope of the person’s actual or apparent authority; or
conduct by any other person, at the direction or with the consent or agreement (whether express or implied) of an employee or agent of the principal, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent.
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