In relation to 'conduct' under s 18 of the ACL,Clark Equipment Australia Ltd v Covcat Pty Ltd (1987)71 ALR 367 is authority for the principle that:
A)pre-contractual representations can constitute misleading and deceptive conduct.
B)an advertisement which compared a competitor's products unfavourably with the advertiser's products can constitute misleading and deceptive conduct.
C)silence can constitute misleading and deceptive conduct where there is a duty to disclose relevant facts.
D)the act of making a contract containing a false warranty is sufficient to constitute misleading and deceptive conduct.

Question

Quizplus · Accepted Answer

Clark Equipment Australia Ltd v Covcat Pty Ltd established the principle that pre-contractual representations can constitute misleading and deceptive conduct under s 18 of the ACL. In this case, the defendant made misrepresentations to the plaintiff about the capabilities of a machine, leading the plaintiff to purchase the machine. The court held that these pre-contractual representations amounted to misleading and deceptive conduct.

In Relation to 'Conduct' Under S 18 of the ACL,Clark