Question 1

Why was the conduct found to be misleading and deceptive in Pacific Dunlop v Hogan (1989) 23 FCR 553?

Accepted Answer

The conduct was found to be misleading and deceptive because it created the false impression that a commercial relationship existed between the parties. The use of the name "Pacific" suggested that there was a connection between Pacific Dunlop and the defendant, Hogan, when in fact there was not. This was likely to mislead consumers and potentially harm Pacific Dunlop's reputation.

Question 2

Section 18 is often used by businesses to take action against competitors.

Accepted Answer

Section 18 of the Lanham Act in the United States allows businesses to challenge the registration of a competitor's trademark if it is believed to cause confusion or deception.

Question 3

What was the reason for the decision in Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191?

Accepted Answer

C

Question 4

Which of the following is NOT covered by the Australian Consumer Law?

Accepted Answer

The answer of Which of the following is NOT covered...

Question 5

Why was the conduct found not to be misleading and deceptive in McWilliam's Wines Pty Ltd v McDonald's System of Australia Pty Ltd [1980] ATPR 40-188?

Accepted Answer

The conduct was found not to be misleading and deceptive because the target audience of the conduct would not be misled into thinking there was a connection between the two products. Merely causing consumers to wonder if the product is made by the same manufacturer is not sufficient to constitute misleading or deceptive conduct.

Question 6

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?

Accepted Answer

The element that is not necessary for establishing misleading and deceptive conduct is that it must have been intended to mislead or deceive. The conduct may be misleading or deceptive even if there was no intention to deceive. It is enough that the conduct is likely to mislead or deceive a reasonable consumer. This element is covered by option A. Therefore, option C is not necessary.

Question 7

Conduct by a corporation or person in trade or commerce that is misleading or deceptive may also result in a finding of unconscionable conduct.

Accepted Answer

This is true according to the Australian Consumer Law. Misleading or deceptive conduct can also be considered unconscionable conduct if it is deemed to be particularly egregious or exploitative.

Question 8

Under the Australian Consumer Law definition, a 'consumer' is not:

Accepted Answer

The answer of Under the Australian Consumer Law definition, a...

Question 9

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:

Accepted Answer

Clark Equipment Australia v Covcat Pty Ltd established that a pre-contractual representation can be considered conduct for the purposes of s 18 of the ACL. This means that if a party makes a representation prior to entering into a contract which is misleading or deceptive, they may be liable under the ACL for misleading and deceptive conduct.

Question 10

Which of the following is classified as 'conduct' within the meaning of s 18 of the Australian Consumer Law?

Accepted Answer

'Conduct' within the meaning of s 18 of the Australian Consumer Law includes all of the options listed in the question - false statements of opinion, statements that are true but create a false impression, broken promises, and false predictions.

Question 11

In relation to 'conduct' under s 18 of the ACL, Accounting Systems 2000 v CCH Australia Ltd (1993) 42 FCR 470 is authority for the principle that:

Accepted Answer

The answer of In relation to 'conduct' under s 18...

Question 12

What is the main purpose of the Australian Consumer Law?

Accepted Answer

The answer of What is the main purpose of the...

Question 13

Allegations of a breach of a specific unfair practices section of the Australian Consumer Law will often also involve a breach of the general prohibition in s 18 for misleading and deceptive conduct.

Accepted Answer

This is because the specific unfair practices sections of the Australian Consumer Law are designed to provide additional protection for consumers against particular types of conduct that may be considered unfair or unconscionable, but they do not replace or override the general prohibition against misleading and deceptive conduct under s 18. Therefore, an alleged breach of a specific unfair practices section is likely to also involve a breach of s 18 if it involves false, misleading, or deceptive representations or omissions.

Question 14

Which of the following is NOT one of the guidelines for determining if conduct is misleading and deceptive within the meaning of s 18 of the Australian Consumer Law?

Accepted Answer

This is not one of the guidelines for determining if conduct is misleading and deceptive within the meaning of s 18 of the Australian Consumer Law. The other three options are guidelines that must be followed to determine if conduct is misleading and deceptive.

Question 15

You have booked a holiday home through Accommodation Noosa Pty Ltd twelve months in advance. However, when you arrive at the Accommodation Noosa office to pick up the key, you are told that there has been an unfortunate double booking error, and the holiday home you had booked is no longer available. Accommodation Noosa offers you an alternative holiday home, but it is not as appealing as your original choice. Can you use s 18 of the Australian Consumer Law to bring an action against Accommodation Noosa?

Accepted Answer

The answer of You have booked a holiday home through...

Question 16

In relation to 'conduct' under s 18 of the ACL, Henjo Investments Pty Ltd & Ors v Collins Marrickville Pty Ltd (1988) 79 ALR 83 is authority for the principal that:

Accepted Answer

Henjo Investments Pty Ltd & Ors v Collins Marrickville Pty Ltd established that silence can be considered misleading and deceptive conduct if there is a duty to disclose relevant facts. This principle is based on the idea that failing to provide important information can create a false impression or mislead consumers.

Question 17

The onus of proving that a transaction is a consumer sale is always on the consumer.

Accepted Answer

The onus of proving that a transaction is a consumer sale falls on the seller, not the consumer. Consumer protection laws require sellers to prove that they have complied with all necessary regulations and have provided adequate information for the consumer to make an informed decision.

Question 18

The Australian Consumer Law in ss 20 to 22 provides remedies for:

Accepted Answer

The Australian Consumer Law in ss 20 to 22 provides remedies for unconscionable conduct in all three scenarios mentioned in options A, B, and C. Therefore, the correct answer is D - all of the above.

Question 19

In which case did the court set out the guidelines for determining if conduct is misleading or deceptive within the meaning of s 18 of the Australian Consumer Law?

Accepted Answer

The answer of In which case did the court set...

Question 20

Conduct that is misleading and deceptive under s 18 of the Australian Consumer Law can result in both civil and criminal penalties.

Accepted Answer

Section 18 of the Australian Consumer Law deals with conduct that is misleading or deceptive or is likely to mislead or deceive, and it primarily provides for civil remedies, not criminal penalties.

Quiz 18: General and Specific Consumer Protections Under the Acl