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

question 38

Multiple Choice

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:

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

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Definitions:

Final-offer Arbitration

A conflict resolution process where each party presents its final offer, and the arbitrator chooses one of these offers as the solution.

Mandatory Items

Requirements or objects that are obligatory and must be included or complied with.

Bargaining Session

A scheduled meeting between parties, such as employers and employees, to negotiate terms and conditions, often related to employment or trade agreements.

Contract Negotiations

The process of discussing terms and details to reach a mutual agreement in a contract, often involving aspects like salary, work conditions, and other employment terms.