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FAIR TRADING ACT 1989 - SECT 95
Conduct by directors, servants or agents
95 Conduct by directors, servants or agents
(1) If, in a proceeding under this Act in respect of conduct engaged in by a
body corporate, it is necessary to establish the state of mind of the body
corporate, it is sufficient to show that a director, servant or agent of the
body corporate, being a director, servant or agent by whom the conduct was
engaged in within the scope of the person’s actual or apparent authority,
had that state of mind.
(2) Any conduct engaged in on behalf of a body
corporate— (a) by a director, servant or agent of the body corporate within
the scope of the person’s actual or apparent authority; or
(b) by any other
person at the direction or with the consent or agreement (whether express or
implied) of a director, servant or agent of the body corporate, if the giving
of the direction, consent or agreement is within the scope of the actual or
apparent authority of the director, servant or agent;
shall be deemed, for the
purposes of this Act, to have been engaged in also by the body corporate.
(3)
If, in a proceeding under this Act in respect of conduct engaged in by a
person other than a body corporate, it is necessary to establish the state of
mind of the person, it is sufficient to show that a servant or agent of the
person, being a servant or agent by whom the conduct was engaged in within the
scope of the servant’s or agent’s actual or apparent authority, had that
state of mind.
(4) Conduct engaged in on behalf of a person other than a body
corporate— (a) by a servant or agent of the person within the scope of the
actual or apparent authority of the servant or agent; or
(b) by any other
person at the direction or with the consent or agreement (whether express or
implied) of a servant or agent of the first person, if the giving of the
direction, consent or agreement is within the scope of the actual or apparent
authority of the servant or agent;
shall be taken, for the purposes of this
Act, to have been engaged in also by the first person.
(5) A reference in
this section to the state of mind of a person includes a reference to the
knowledge, intention, opinion, belief or purpose of the person and the
person’s reasons for that intention, opinion, belief or purpose.
(6) For
the purposes of this section—
"conduct" also includes the making of any omission, inadvertently or
otherwise.
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