Section 18 of the Australian Consumer Law Prohibits Misleading and Deceptive

Multiple Choice

Section 18 of the Australian Consumer Law prohibits misleading and deceptive conduct.It is one of the most commonly used provisions in Australian law because it has very broad application.Which of the following is not a reason that it is so often relied upon?

A) Liability under s18 cannot be avoided by the use of a disclaimer.
B) The court may find a contravention under s 18 to have occurred even if the defendant believed it was acting honestly and reasonably.
C) In assessing the whether the conduct was misleading under s 18, a lower standard is required than the usual 'reasonable person standard'.
D) In assessing the conduct of a defendant, the Court considers the standard owed to an 'unsuspicious modern member of the community'.