Physical Science P1 Grade 12 Definitions Exam/ Updated 2025.
Elastic Collisions - CORRECT ANSWERS -type of collision where total kinetic energy remains unchanged
Projectile - CORRECT ANSWERS -an object upon which the only force acting is the force of gravity
Work done on an object by a con...
IHUMAN CASE FOR WEEK #9 /UPDATED 2025
Concrete Constructions (NSW) Pty Ltd v Nelson Regarding - CORRECT ANSWERS -
misleading conduct and meaning of "in trade or commerce".
Concrete Constructions (NSW) Pty Ltd v Nelson Facts - CORRECT ANSWERS -o
Concrete Constructions was a company building in Sydney.
o The foreman of the company gave misleading information to Nelson, an employee of
Concrete Constructions who was working on the site, about how a grate at the entrance
of a shaft was secured.
o As a result of this wrong information, Nelson fell down the shaft and was injured.
o Nelson wished to claim damages from Concrete Constructions for a breach of s18 of
ACL
o He argued that the company had, through its foreman, engaged in misleading conduct
in trade or commerce.
Concrete Constructions (NSW) Pty Ltd v Nelson Issue - CORRECT ANSWERS -Did the
act of giving misleading information to the employee take place 'in trade or commerce?
McWilliam's Wines Pty Limited v McDonald's System of Australia Pty Limited Regarding
- CORRECT ANSWERS -Australian Consumer Law and Misleading Conduct under s18
ACL
Facts McWilliam's Wines Pty Limited v McDonald's System of Australia Pty Limited -
CORRECT ANSWERS -o McWilliam's Wines advertised some wine under the name
'Big Mac'.
o McDonald's marketed a large hamburger under the same name.
o McDonalds claimed that McWilliams's use of the name 'Big Mac' was misleading
conduct in breach of s18 ACL because consumers might think the 'Big Mac' cask of
wine was a McDonalds product.
Facts McWilliam's Wines Pty Limited v McDonald's System of Australia Pty Limited
Issue - CORRECT ANSWERS -Was McWilliams's conduct likely to mislead consumers
to believe something that was untrue?
Facts McWilliam's Wines Pty Limited v McDonald's System of Australia Pty Limited
Decision & Reason - CORRECT ANSWERS -• Decision: No
• Reason:
o To see if there has been a breach of s18 ACL, the test applied is:
• What group of persons was the conduct directed?
• Were those persons likely to be misled because of the conduct in question?
o McWilliams's conduct was directed towards consumers reading the wine catalogue
o There consumers were not likely to be mislead because of the conduct
o Accordingly, there was no misleading conduct by McWilliams.
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