Question
Ken's Fabulous Cake shop (KFCS) is situated in the town of Dubbo in NSW. Ken the owner, advertises his shop on the local television station.
Ken's Fabulous Cake shop (KFCS) is situated in the town of Dubbo in NSW. Ken the owner, advertises his shop on the local television station. In the advertisement, the actor says the following line:
"Come to the best KFC bakery for the best full natural cream cakes in the west"
The US Company KFC (Kentucky Fried Chicken) feels that the advertisement misleads the public and wants the advertising to stop.
Ken seeks your advice on the following:
- What provisions of the ACL could the US company use to attempt to halt the advertising?
- What cases could assist Ken in any legal arguments?
- Who do you think would be successful in court and why?
- If a customer says, the cream used on the cakes has some artificial components in it and wants his money back, what provision of the ACL could he use?
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Tort Law And Alternatives Cases And Materials
Authors: Marc Franklin, Robert Rabin, Michael Green, Mark Geistfeld, Nora Engstrom
11th Edition
164708489X, 978-1647084899
