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Your argument, should be supported by suitable references. References should be cited in Harvard referencing style (eg Smith 1992) .The assignment should include a bibliography (list of references used in the assignment).  The Internet might 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 the advertising company and are asked to review the holiday package from a brochure before it goes to print. You are asked to give advice to advertising company on legal effect of representations in the brochure. You are asked to produce the report for management outlining the issues relating to the brochure.

Choose a package holiday brochure. Read it and analyse it, looking to answer the following problems in the report;

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

2. Critically analyse 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 describe the effect of these representations having regard to the consumer and consumer protection laws.  You must outline law relating to advertising including improper business practices, any legislation regulating advertising, unlawful sales techniques and the powers of enforcement.

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

Some references:

Below are some references that might 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.

Don’t 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.

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