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

question 2

Multiple Choice

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:

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

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Definitions:

Laccolith

A bulge-shaped igneous body that has domed and tilted overlying layers and that is observed or interpreted to have a relatively flat floor.

Felsic Magmas

Magma that is high in silica and light in color, which forms rocks such as granite and rhyolite upon cooling.

Intermediate

A term used to describe entities or phenomena that fall in the middle of a specified range or scale, often used in geological contexts to describe rocks or volcanic activities with properties between felsic and mafic.

Main Batholith

A large body of igneous rock formed beneath the Earth's surface by the intrusion and solidification of magma.