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

Question 16

Multiple Choice

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:


A) Silence can constitute misleading and deceptive conduct where there is a duty to disclose relevant facts.
B) Pre-contractual representations can constitute misleading and deceptive conduct.
C) An advertisement which compared a competitor's products unfavourably with the advertiser's products can constitute misleading and deceptive conduct.
D) The act of making a contract containing a false warranty is sufficient to constitute misleading and deceptive conduct.

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