The “Infallible Phone” company advertises their mobiles on the internet via the search engine “Check Mate” saying that experts have proved that their phone is far superior to their major competitor’s product and can be used underwater down to three metres. The major competitor “Marvellous Mobile” knows that there has been no expert testing of The Infallible phone, nor is it waterproof at all. Marvellous Mobile are suffering the loss of market share because of the advertisement. Please advise “Marvellous Mobile”; 

a) What provisions of the Australian consumer law could they use to have the advertisement by “Infallible Phone” removed from the internet?

b) Are there any cases that assist your argument?

c) Could a case for damages against the search engine “Check Mate” be established using provisions of the ACL? 

d) Are there any cases that assist your argument?

Answer rating: 100% (QA)

a A person or business involved in trade or commerce should not make claims that are defamatory acco... View the full answer