In the context of section 9 claims, what is a crucial aspect related to the person being misled?

In the context of section 9 claims under the Fair Trading Act in New Zealand, the crucial aspect concerning the person being misled is indeed their relationship with the defendant. This is important because the nature of the relationship can significantly influence how the misleading representation is perceived and understood.

For instance, if a person has a close relationship with the defendant, they may be more likely to trust the information provided, potentially making them more susceptible to being misled. Conversely, if the relationship is more formal or distant, this might affect the weight placed on the representations made by the defendant.

Understanding the dynamics of the relationship helps establish whether a reasonable person in that specific context would have been misled by the defendant's conduct. This aligns with the overarching principle of ensuring fair trading practices and protecting consumers from misleading and deceptive conduct.