Question
Edward's Excellent Bakery (EEB) has a slogan which represents to consumers that all of their bakery items are baked and sold to the consumer on
Edward's Excellent Bakery (EEB) has a slogan which represents to consumers that all of their bakery items are baked and sold to the consumer on the same day: "Our baked goods are baked and sold same day!"
Ashley, who owns the cookie shop next door has discovered that this is not true - the entire biscuit range baked by EEB are kept in the store for purchase by consumers for up to two months (not baked an sold same day). Which of the following responses is most correct?
a) Ashley claims Edward's Excellent Bakery is in breach of s 18 of the Australian Consumer Law - Ashley does not have a legitimate claim because the conduct does not occur in 'trade or commerce'
b) Ashley claims Edward's Excellent Bakery is in breach of s 18 of the Australian Consumer Law - this claim is legitimate and there is a likely breach of s 18 because the representation should have stated that it applies to particular bakery items only
c) Ashley claims Edward's Excellent Bakery is in breach of s 18 of the Australian Consumer Law - Ashley does not have a legitimate claim as she is not a 'person' for the purposes of the Australian Consumer Law
D) Ashley claims Edward's Excellent Bakery is in breach of s 18 of the Australian Consumer Law - Ashley does not have a legitimate claim as the slogan is likely to be considered puff
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