You work for an advertising company and are asked to review a holiday package from a brochure before...

Question

You work for an advertising company and are asked to review a holiday package from a brochure before it goes to print. You are asked to provide advice to the advertising company on the legal effect of the representations in the brochure. You are asked to produce a report for management outlining the issues relating to the brochure.
Select a package holiday brochure. Read it and analyse it, looking to answer the following questions in your report;

Identify the key information about the holiday as set out in brochure.

Critically analyse the package using the principles of contract law found in case law and categorise the statements into representations, terms, conditions and warranties.

Critically analyse and identify any material in the brochure which is potentially;

unconscionable
misleading or deceptive
false representation
bait advertising
offers gifts or prizes

In your report explain the effect of these representations having regard to the consumer and consumer protection laws. You should outline the law relating to advertising including improper business practices, any legislation regulating advertising, unlawful sales techniques and the powers of enforcement.

Critically examine the brochure and identify any exclusion or limitation clauses and explain using the principles of contract law whether the clauses would be valid.

When submitting your report please include the brochure.
Some references:
Below are some references which may assist students in their assignment. Students are welcome to use other references. A wide range of hard copy texts are available from university libraries, and of course there is a huge range of materials on the subject available on the ‘Net. Always look for sources written by authors of stature – prominent academics and/or legal practitioners.
Do not use anonymous (materials whose author is not identified) under any circumstances.

Khoury & Yamouni, ‘Understanding Contract Law,’ 7^th ed., Butterworths Lexis Nexis, 2006

Carter and Harland, ‘Contract Law in Australia,’ 4^th ed., Butterworths Lexis Nexis,

005_d7fpbjo-eie4mpzu.doc

Robert · Accepted Answer

CARRICK INSTITUTE OF HIGHER EDUCATION
Business Law Assignment
Information related to the Brochure
This brochure contains whole information about the holiday package that is to provide to the consumers, who are interested in this package. This brochure is quite helpful to the people that are planning to enjoy their holidays in Sunshine Coast and Brisbane. This is a great holiday packages for these people, because it consider all the things of enjoyments. This brochure has several types of packages with different price range according needs and demand of the consumers. These packages are exclusive for the holiday’s purpose that is created only for sun-lover holidays customers. This brochure is appropriate to the customers that are looking for the best package for their holidays, because it is negotiable in the price and value of money. 
This brochure contains the information related to time to stay at the holiday resorts and to enjoy their life movements. For example, a holiday package is that “3 night sun-lover south east experience” which means the holiday resort would visit for 3 nights to the person. During these three nights, all the expanses of living and rent would be considered in the cost of this package. There is no need to pay extra money for stay and for sun-lover south east experience. 
At the same time, there are some other things also included in this package with the same prices that are accommodation for 3 nights, return transfers from Brisbane Airport and full day Australia Zoo Croc Express tour. This information is given in the brochure to all the visitors to notice them about their services. In addition, the accommodation is also included in the brochure that what would be considered in the accommodation for all three nights. The accommodation includes two variety first is superior and other one is standards. In standard variety, it contains that Park Regis North Quay with only one bedroom where as in superior in conations Adina Apartments Hotel Brisbane with Studio. All these information are essential to describe the price of the packages in an effective way. 
In this brochure, the information related to the experience that would be given by the company to the son-lovers. The brochure includes the experience of diversity of South East Queensland and would also travel around the vibrant city of Brisbane with its picturesque parks, interactive museums and the South Bank Parklands located along the river. A proper schedule is prepared to visit in the city. After this experience, the company would also visit to the Australia Zoo which has more than 1000 animals. These animals would be pet as well as wildlife in the zoo. 
Along with this, this brochure shows the price of this holiday package as per the single person. The price of per person is based on the whole accommodation such as adults and timing (three nights). The price would also vary from season to season and the date of travel. It is because; the price differentiation is included due to numbers of visitors. There is also information related to bonus offer to the visitors such as free breakfast for two adults daily only for visiting days. The price of holiday packages is also shown with the proper currency of the nations such as from $385 per person twin share. 
Principles of Contract Law
Principle of contract law: There are some essential principles of contract law that are found in the case law. The contract law is the formation of some having promises to each other. Generally, the principle of contract law includes two parties that are promisee and promiser, who made a contract. The package holiday contracts include both promiser (service provider comapny) and promisee (consumers). It is a kind of bilateral contract that contains at least two parities to make a contract (Gillies, 2004). There are some other things also included in the principles of case law and contract law that are as follow: 
Representation: It is the statement of the offerer to offeree before making a contract of tort based actions.

You work for an advertising company and are asked to review a holiday package from a brochure before it goes to print. You are asked to provide advice to the advertising company on the legal effect of...

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