Section 18 of the Australian Consumer Law Prohibits Misleading and Deceptive

question 29

Multiple Choice

Section 18 of the Australian Consumer Law prohibits misleading and deceptive conduct.It is one of the most commonly used provisions in Australian law because it has very broad application.Which of the following is not a reason that it is so often relied upon?

• A)Liability under s18 cannot be avoided by the use of a disclaimer.
• B)The court may find a contravention under s 18 to have occurred even if the defendant believed it was acting honestly and reasonably.
• C)In assessing the whether the conduct was misleading under s 18, a lower standard is required than the usual 'reasonable person standard'.
• D)In assessing the conduct of a defendant, the Court considers the standard owed to an 'unsuspicious modern member of the community'.

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Definitions:

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature, especially in the workplace or academic settings.

Adversarial Beliefs

Ideas or opinions in direct opposition or conflict with one another, often leading to dispute or contention.

Rape Myths

False beliefs or stereotyped preconceptions about sexual assault, victims, and perpetrators that often blame the victim and minimize the severity of rape.

Authoritarianism

A political system characterized by strong central power and limited political freedoms, often enforced by strict obedience to authority.