In order to establish misleading and deceptive conduct in breach of s 18 of the Australian Consumer Law,3 out of the 4 following elements must be satisfied.Which answer option is NOT a necessary element for establishing misleading and deceptive conduct?
A)The conduct must be misleading or deceptive or likely to mislead or deceive.
B)The conduct must have been by a person.
C)The conduct must have been intended to mislead or deceive.
D)The conduct must be in trade or commerce.

Question

Quizplus · Accepted Answer

While intention may be relevant in some cases, it is not a necessary element for establishing misleading and deceptive conduct under s 18 of the Australian Consumer Law. The other three elements (misleading or deceptive conduct, by a person, in trade or commerce) are required.

In Order to Establish Misleading and Deceptive Conduct in Breach