McWilliam's Wines v McDonald's System of Australia
- contract; vitiating circumstances; s52 TPA; misleading conduct
- Facts: wine name Big Mac, McDonalds claimed misleading conduct, consumers might think wine hamburger.
- Issue: Was McWilliam's conduct likely to mislead consumers?
- Decision: No.
- Reason: Potential consumers might wonder if business connection, but advertisement did not in any way suggest connection. If anyone made mistake, not because of McWilliam's conduct.
- Misleading conduct established:1. what group of persons conduct aimed at.
- 2. able to be inferred those persons were likely, in the circumstances, to be misled because of conduct.