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Clearly identify who is the plaintiff and who is the defendant Clear argument of what will the plaintiff say and what will the defendant argue. Clearly write what section the case is eg S18. With each argument there should be a case related. These points must be covered along with breach of contract remedies actions.The Australian Competition and Consumer Commission (ACCC) is about to commence legal proceedings against Mobileworld Operating Systems Pty Ltd (trading as Crazy Js). The ACCC alleges that Crazy Js has engaged in misleading or deceptive conduct by representing in its promotional material that mobile phone handsets are available free or for $0. The ACCC claims that, in fact, consumers are required to pay for the handsets through higher call rates than those available on comparable mobile phone plans that do not include a handset.
Crazy Js managing director recently said in a press release: We stand by our advertising and the value of our products The complaint against us relates to ads that ran last year which are no longer running but we are happy to work with the ACCC to correct any misunderstanding.
(a) Advise Crazy Js as to the strength of the ACCCs case against it.
(b) Is there any bait advertising involved in this case?
(c) In your legal opinion, should the ACC seek to prosecute Crazy Js for a criminal breach under s. 29 of the Australian Consumer Law 2010 (ACL)?
(d) What makes s. 29 so different from s. 18?
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