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Questions and Answers
What was the outcome of the McWilliams Wines v McDonald’s case regarding the use of 'Big Mac'?
What was the outcome of the McWilliams Wines v McDonald’s case regarding the use of 'Big Mac'?
In the ACCC v TPG case, why was the advertising deemed misleading?
In the ACCC v TPG case, why was the advertising deemed misleading?
What did the ACCC allege about Coles' in-store signs concerning their bread products?
What did the ACCC allege about Coles' in-store signs concerning their bread products?
What distinguishes the product categories in the McWilliams Wines v McDonald’s case?
What distinguishes the product categories in the McWilliams Wines v McDonald’s case?
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What was the primary concern in the ACCC v Coles Supermarkets regarding consumer behavior?
What was the primary concern in the ACCC v Coles Supermarkets regarding consumer behavior?
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Which legal principle was reinforced in the ACCC v TPG case?
Which legal principle was reinforced in the ACCC v TPG case?
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How did the court evaluate consumer interpretation in the Coles case?
How did the court evaluate consumer interpretation in the Coles case?
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What is a key takeaway regarding disclaimers from the TPG case?
What is a key takeaway regarding disclaimers from the TPG case?
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What does Section 18 of the consumer law prohibit?
What does Section 18 of the consumer law prohibit?
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In the case of Concrete Constructions (NSW) Pty Ltd v Nelson, what was the key issue regarding the misleading statement?
In the case of Concrete Constructions (NSW) Pty Ltd v Nelson, what was the key issue regarding the misleading statement?
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What criterion is used to assess if conduct is misleading according to consumer law?
What criterion is used to assess if conduct is misleading according to consumer law?
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What was the outcome of McWilliam’s Wines v McDonald's System of Australia concerning the use of the name 'Big Mac'?
What was the outcome of McWilliam’s Wines v McDonald's System of Australia concerning the use of the name 'Big Mac'?
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What does the term 'in trade or commerce' specifically refer to in the context of misleading conduct?
What does the term 'in trade or commerce' specifically refer to in the context of misleading conduct?
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Which of the following statements is true regarding internal communications between employees in the context of misleading conduct?
Which of the following statements is true regarding internal communications between employees in the context of misleading conduct?
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Which case highlighted the issue of misleading conduct in advertisements for a product?
Which case highlighted the issue of misleading conduct in advertisements for a product?
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When evaluating whether conduct is misleading, which of the following is most relevant?
When evaluating whether conduct is misleading, which of the following is most relevant?
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What was the outcome of the case Butcher v Lachlan Elder Realty Pty Ltd regarding the misleading nature of the advertisement?
What was the outcome of the case Butcher v Lachlan Elder Realty Pty Ltd regarding the misleading nature of the advertisement?
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What is the role of disclaimers in advertising according to the discussed cases?
What is the role of disclaimers in advertising according to the discussed cases?
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In the case Yorke v Lucas, what was the main issue concerning the misleading conduct?
In the case Yorke v Lucas, what was the main issue concerning the misleading conduct?
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What does the term 'conduct that is misleading or deceptive' primarily refer to?
What does the term 'conduct that is misleading or deceptive' primarily refer to?
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Which of the following reflects the court's view on the necessity of intent in cases of misleading conduct?
Which of the following reflects the court's view on the necessity of intent in cases of misleading conduct?
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What may result from a brochure effectually containing a disclaimer?
What may result from a brochure effectually containing a disclaimer?
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Which aspect of consumer protection laws is highlighted through the discussed legal cases?
Which aspect of consumer protection laws is highlighted through the discussed legal cases?
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How did the presence of a disclaimer in the Butcher case influence the interpretation of the advertisement?
How did the presence of a disclaimer in the Butcher case influence the interpretation of the advertisement?
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Study Notes
Misleading or Deceptive Conduct: Section 18 of the ACL
- Prohibition: A person must not engage in misleading or deceptive conduct in trade or commerce.
- "Person" includes individuals and corporations.
- "Trade or Commerce" refers to conduct that has a trading or commercial character.
Conduct that is Misleading or Deceptive
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McWilliams Wines v McDonald's (1980): McWilliams Wines advertised cask wine under the name "Big Mac."
- This wasn't misleading because consumers would understand that wine and fast food are distinct, and McDonald's does not serve alcohol in Australia.
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ACCC v TPG Internet (2013): TPG advertised very cheap unlimited internet plans, but the fine print said the offer was only available to customers who bundled their home phone line with TPG.
- The court found the advertising misleading because the dominant message was misleading, even if corrected later.
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ACCC v Coles Supermarkets (2011): Coles promoted bread products as "baked today, sold today," despite the bread being partially baked elsewhere and frozen.
- The court held that the signs were misleading, even though there were signs disclosing the process. Consumers are likely to focus on the freshness of baked goods and interpret signs accordingly.
Internal Communications and "Trade or Commerce"
- Concrete Constructions (NSW) Pty Ltd v Nelson (1990): Internal communications between employees not related to customers do not constitute "trade or commerce."
Disclaimers and Misleading Conduct
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Butcher v Lachlan Elder Realty Pty Ltd (2004): A real estate agent (LER) advertised a property with an inaccurate diagram but included a disclaimer absolving them from accuracy guarantees.
- This disclaimer was deemed to change the nature of the conduct. Even though the diagram was inaccurate, the disclaimer shifted responsibility for verifying the information to the buyer.
Intention
- Yorke v Lucas (1998): It is not necessary to prove that the conduct was intentional or negligent for it to breach Section 18.
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Description
This quiz explores Section 18 of the Australian Consumer Law (ACL) regarding misleading or deceptive conduct in trade or commerce. It covers key case studies including McWilliams Wines v McDonald's, ACCC v TPG Internet, and ACCC v Coles Supermarkets to illustrate the principles at play. Test your understanding of legal interpretations and implications in commercial advertising.