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Consumer ProtectionMisleading ConductHARD

An agent advertises a property as 'walking distance to the beach' when it requires a 45-minute walk. A buyer purchases based on this representation and later discovers the actual distance. Which legal principle under Australian Consumer Law would most likely apply?

Correct Answer

C) The misleading conduct provisions, as the claim could mislead reasonable buyers

This scenario involves misleading conduct as 'walking distance' would reasonably be interpreted as a short, practical walk, not 45 minutes. The representation is likely to mislead consumers about the property's proximity to the beach, regardless of whether the agent intended to deceive.

Answer Options
A
Caveat emptor, since the buyer could have checked the distance before buying
B
Unconscionable conduct, because the agent took advantage of the buyer's trust
C
The misleading conduct provisions, as the claim could mislead reasonable buyers
D
Breach of the statutory warranties that sale of goods legislation implies

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Related Topics & Key Terms

Key Terms:

misleading conductAustralian Consumer Lawreasonable consumerobjective testtrade or commerce
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