PLEASE NOTE THE FOLLOWING INSTRUCTIONS:

Candidates are required to write 2000 words on the topic given below.  Your argument, must be supported by appropriate references.  References must be cited in Harvard referencing style (eg Smith 1992) .The assignment must include a bibliography (list of references used in the assignment).  The Internet may be used for authoritative reference material provided the source, author, date of access, and site address is clearly shown in footnote format. 

Assignment

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;

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

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

3.    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.

1. 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.

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.

1. Khoury & Yamouni, ‘Understanding Contract Law,’ 7th ed., Butterworths Lexis Nexis, 2006 
2. Carter and Harland, ‘Contract Law in Australia,’ 4th ed., Butterworths Lexis Nexis, 2004

Marking Criteria

Demonstrated knowledge and understanding of contract law                                    30%

Demonstrated knowledge and understanding of consumer law                    30%

Ability to apply case law and statute to support an argument                          20%

Presentation of the work in a clearly written and scholarly essay                  20%