Under the Australian Consumer Law, in which situation is a buyer's claim for damages against an agent for misleading conduct most likely to fail?
Correct Answer
C) The buyer would have gone ahead with the purchase regardless of the statement
A damages claim under section 236 of the ACL requires the buyer to prove the misleading conduct caused their loss. The burden is on the buyer, not the agent. If the buyer would have bought on the same terms anyway, the statement did not cause the loss and the claim fails.
Why This Is the Correct Answer
The buyer must prove that the misleading conduct caused their loss. If they would have bought anyway, causation fails and so does the claim for damages.
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