Ask Question, Ask an Expert


Ask Homework Help/Study Tips Expert

Gary and Sally decided to go on a holiday. They consulted their local tour company, Fly by Night Tours, who advertised a 7 day white water rafting holiday on the Goulburn River in Northern Victoria. The sales person for Fly by Night Tours, Brian, showed them a brochure that stated the following:

“Your Goulburn River white water rafting holiday is the last holiday adventure. You would be accompanied by experienced tour guides who would endure your experience is safe as well as exciting.”

When Gary read this he asked Brian whether there was any risk in rafting on the Goulburn River. Brian replied that tour had operated for 5 years and that in that time there had never been any problems or safety issues. Gary also asked what accommodation will be available over the seven days. Brian replied that each evening they would stay in “Five star accommodation at each stopping point on the river.” When Gary and Sally said they will like to proceed with holiday they were shown a short written contract which included the following exclusion clause:

“Fly by Night Tours takes no responsibility for any personal injury sustained on your holiday and is not responsible for any losses or expenses arising from actions not within the control of Fly by Night Tours.”

Gary and Sally sign written contract and eagerly look forward to their holiday. Unfortunately their holiday experience turned out to be a disaster. Their tour guide turned out to be a teenage boy who had only been down river once before. Their boat proves to be unreliable and they are often tipped out of the boat. On one such occasion Sally sustains a bad injury to her arm requiring medical attention. Their accommodation proves to be anything but “Five Star” and is nothing more than rough cabins with inadequate facilities. By the end of the tour they are very dissatisfied and angry at their experience.

You are asked to advice Gary and Sally about what options they have under contract law against Fly by Night Tours. In your answer make sure you advise Gary and Sally about all related terms of the contract, and what remedies might be available to them. Refer to appropriate case law in the answer


1. When answering each problem, make sure that you:

• identify the issue(s) raised by the facts

• identify the relevant legal principles

• apply the relevant legal principles to the facts

• reach a conclusion

Homework Help/Study Tips, Others

  • Category:- Homework Help/Study Tips
  • Reference No.:- M91992

Have any Question? 

Related Questions in Homework Help/Study Tips

For writing the assignment be aware of the following

For writing the assignment, be aware of the following cautions in fulfilling the assignment instructions: • If you write a report to your manager at work suggesting that more teleworking options be given to employees at ...

Discussiondiscussion 1 - determine a significant force that

DISCUSSION Discussion 1 - Determine a significant force that would have the most impact on the decision to implement HMIS. Justify your response. Determine a critical element in the process for implementing a health info ...

Ea modeling an introduction to enterprise

EA Modeling: An Introduction to Enterprise Architecture Section 1: Write a short paragraph that fully answers the following questions: Choose a real-world medium/large sized enterprise (profit or non-profit) and determin ...

Discussion question emotional dependency in relationships

Discussion Question: Emotional Dependency in Relationships Latisha and Earl have been dating for almost a year. But Latisha is having second thoughts about the relationship. For some time she has been feeling that she is ...

Sales leadership philosophycreate a sales leadership

Sales Leadership Philosophy Create a sales leadership philosophy and plan to prepare for advancement to an executive-level leadership position in sales management. Identify factors that complement your selling style in a ...

Select a television program that you know contains a social

Select a television program that you know contains a social inequality or social class theme (e.g. racism, sexism, social class categories). Select one of the following options to deliver your assignment: Option 1 Write ...

Assignment public health preparedness please remember

Assignment: Public Health Preparedness. Please remember paper must be 6 complete pages minimum and the paper will be submitted through Safe Assign upon submission to the assignment area. If your score is 15% or less, the ...

Question 1 which statement best summarizes the worlds

Question 1. Which statement best summarizes the world's reaction to stratospheric ozone depletion discussed in Chapter 7.4 of your text?  The global scale of ozone depleting chemicals makes the environmental problem of o ...

Assignment number one ehr security issuesthis assignment is

Assignment Number One: EHR Security Issues This assignment is a 4 to 5 page paper that focuses on the security issues of paper and electronic health record systems and the issues to be considered when converting to an EH ...

In an essay of 1000-1100 words address the following

In an essay of 1,000-1,100 words, address the following questions: How did you locate the meeting that you attended? Discuss your experience of attending this meeting. Did you feel welcomed, nervous, embarrassed, etc.? W ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

A cola-dispensing machine is set to dispense 9 ounces of

A cola-dispensing machine is set to dispense 9 ounces of cola per cup, with a standard deviation of 1.0 ounce. The manuf

What is marketingbullwhat is marketing think back to your

What is Marketing? • "What is marketing"? Think back to your impressions before you started this class versus how you

Question -your client david smith runs a small it

QUESTION - Your client, David Smith runs a small IT consulting business specialising in computer software and techno

Inspection of a random sample of 22 aircraft showed that 15

Inspection of a random sample of 22 aircraft showed that 15 needed repairs to fix a wiring problem that might compromise

Effective hrmquestionhow can an effective hrm system help

Effective HRM Question How can an effective HRM system help facilitate the achievement of an organization's strate