Which of the following statements is NOT correct? Select one: a. Under s 18 of the ACL, silence can constitute misleading and deceptive ‘conduct’ b. Section 18 of the ACL applies only to conduct which occurs in trade or commerce c. Under s 18 of the ACL, it is possible to rely on an exclusion clause to avoid liability provided the goods or services are of a commercial nature d. Under s 18 of the ACL, a plaintiff need not prove the defendant was at fault or intended to mislead or deceive

Which of the following would be most likely to breach s 18(1) of the ACL? Select one: a. A statement made to a prospective purchaser of a business that a coffee cart sells 300 coffees per day, even though 90% of the coffee cart’s customers work for Big Bank and Big Bank is moving its offices to another town in two day’s time. b. A promise to deliver more new icecream flavours every week if the new flavours are not then delivered. c. A statement that half a glass of Awesome Apple Fizz a day keeps the doctor away. d. A prediction that the area that a house is in will experience a huge increase in popularity in the next year, which does not eventuate.

An advertisement was published with a paparazzi photograph showing a famous film star drinking a well-known soft drink (ie. a photograph was taken of the film star going about their usual activities, which actually involved them drinking that soft drink, and that photograph was taken without the celebrity's consent). Which of the following statements is CORRECT? Select one: a. Publication of the advertisement will not contravene the ACL if it is published only on Facebook. b. Publication of this advertisement will not contravene the ACL if the film star was actually drinking this beverage. c. Publication of the advertisement will not contravene the ACL if it can be shown that the film star drinks the beverage more than any other brand. d. Publication of this advertisement could amount to misleading or deceptive conduct (in breach of the ACL s 18(1)) even if the film star was drinking the beverage, if the film star has not actually endorsed the product. The advertisement's publication may also be a false representation in breach of the ACL s 29(1)(g), and possibly also s 29(1)(f).

For deceptive and misleading conduct or conduct that is likely to mislead or deceive under section 9 of the Fair Trading Act 1986 (FTA): Group of answer choices Whether misleading or deceptive conduct has or is likely to occur depends on a number of factors, including whether it was reasonable for people to be misled or deceived. Misleading or deceptive conduct will occur if every person seeing the conduct would be misled or deceived The defendant must have intended to mislead or deceive Misleading or deceptive conduct occur if just one person is shown to have been misled or deceived

Section Blank______ of the Federal Trade Commission Act prohibits unfair and deceptive acts in commercial settings, including consumer purchases.Multiple choice question.2753

Which of the following best describes an implicit deny principle?Select one:a.All actions that are not expressly allowed are denied.b.All actions that are not expressly denied are allowed.c.All actions must be expressly denied.d.None of the above.e.All above