First Principles of Business Law

Question 5.

Barnie suggests that Tyler's advertisement, in its present form, might give rise to a breach of section 18 of the Australian Consumer Law. Tyler says that he has taken care to ensure that the advertisement is factually correct; that it would not mislead anyone who actually read it properly; and that he has no intention to mislead anyone. If these things are true, which of the following statements best reflects the law?

(a) Even if everything Tyler says is true, he could still be liable for a breach of s 18 of the Australian Consumer Law.

(b) If everything that Tyler says is true, he cannot be found liable for a breach of s 18 of the Australian Consumer Law.

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