Under the Australian Consumer Law (as applied in SA), what is misleading or deceptive conduct?
Correct Answer
B) Conduct likely to mislead or deceive, whether or not anyone intended or was misled
Under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), misleading or deceptive conduct includes any conduct that is likely to mislead or deceive. Intent is not required, and actual deception need not have occurred.
Why This Is the Correct Answer
Section 18 of the Australian Consumer Law prohibits conduct in trade or commerce that is misleading or deceptive or likely to mislead or deceive. The test is objective: intent is irrelevant and no one need actually be misled.
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