Question
In July 2021, Albi Australia Pty Ltd ran a series of advertisements promising '15-35 per cent off all fresh fruit'. However, very small print in
In July 2021, Albi Australia Pty Ltd ran a series of advertisements promising '15-35 per cent off all fresh fruit'. However, very small print in the advertisements excluded peaches, nectarines and table grapes. Livia Moltisanti saw the advertisement and decided to buy some items from Albi for her Christmas in July celebration (she normally shops elsewhere but was attracted to the discount offer) which was fast approaching. She selected some nice fruit in order to make a large fruit salad (as she is known for her delicious fruit salads) and ten containers of cherry tomatoes for use in her equally famous pasta 'al pomodoro'. Livia is aware that tomatoes are technically classified as fruit and she is looking to purchase a significant amount for the meal she is planning. Livia also selected some parmesan cheese and onions. Livia was most pleased with her choices and looked forward to a decent saving when she went through the checkout due to the discount offered by Albi. Unfortunately, as she watched the operator scan the items, Livia was shocked to see only some of the fruit like apples and bananas had attracted a discount but not the table grapes, nectarines and peaches. She was most embarrassed by this. The operator also told her that the tomatoes were not included in the discount offer. Livia refuses to pay the full price for the items in dispute.
Using the 4-step process discuss whether Albi Pty Ltd has breached Section 18 of the Australian Consumer Law (misleading and deceptive conduct) in the above scenario. What outcomes are likely to be ordered by the court as a result of this incident?
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