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Unfair competition Law- Business and Professions Code 17200 et seq

About the author

Accountant-Lecturer
Level
General public
Study
finance
School/University
California

About the document

Published date
Language
documents in English
Format
Word
Type
case study
Pages
3 pages
Level
General public
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  1. Introduction
  2. Legislation
  3. Case analysis
  4. Personal opinion
  5. Conclusion

The business and professional code is among the 29 codes that govern the state of California. The business and professional code provides insight to both business persons and consumers about business practices permitted by the law. Section 17200 of the code, known as the Unfair Competition Law, provides intuition for what constitutes an unfair business practice. This statute mainly protects competitors and consumers from unlawful, unfair and fraudulent business activities by endorsing rational competition in markets for goods and services (Julia B. Strickland, Lisa M. Simonetti, & AndrewW. Moritz, 2004). With an understanding of the prerequisites of this law including its definition and legal remedies provided by the statute, business persons promote fair business in the interest of consumers and competitors. By analyzing cases under the statute, I will gain an apprehension on the application of the law.

Under section 17200 of the business and professional code, unfair competition is defined as ?All unlawful, unfair or fraudulent business acts or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code? (Julia B. Strickland, Lisa M. Simonetti, & AndrewW. Moritz, 2004). Unfair competition, therefore, encompasses five key wrongs which include unfair, unlawful, fraudulent, deceptive, and any other act prohibited by section 17500, of illegal advertising (Wheaton, 2001). The five wrongs contained under this section are disjunctive meaning they operate independent of each other. A legal suit filed in court regarding unfair competition only needs to prove that the practice meets one of the three prongs, unlawful, unfair, or fraudulent.

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