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S-Berks Ltd is a manufacturer of high-end bicycles. One of S-Berks Ltd's advertisements says: S-Berks bikes are the fastest bikes in existence. On an S-Berk's
S-Berks Ltd is a manufacturer of high-end bicycles. One of S-Berks Ltd's advertisements says: "S-Berks bikes are the fastest bikes in existence. On an S-Berk's bike you will win every race you enter." Richard is a professional bicycle rider and has a fierce rivalry with another rider called Kylie. Richard can never seem to beat Kylie in a race. Richard sees the advertisement and buys an S-Berks bicycle from a local bike shop believing that the bike will give him the edge in beating Kylie. His first race on the S-Berks bicycle is in a town called Toowoomba. It is a long race and Richard is excited for his first victory over Kylie. Unfortunately, Richard fails to beat Kylie in the race, indeed, Richard exerts so much energy he doesn't even finish the race. Richard is very upset when he sees Kylie on the podium receiving her gold winner's medal. Which of the following is correct? A) Richard could sue Kylie for defamation. B) S-Berks was negligent in selling a defective bike. C) S-Berks breached the guarantee of acceptable quality in the Australian Consumer Law. D) S-Berks engaged in misleading and deceptive conduct pursuant to section 18 of the Australian Consumer Law. E) S-Berks has a contract with Richard. F) None of the above
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