INTRODUCTION
TO BUSINESS LAW

Assessment
2

Individual Report

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.

In addition to sources from the Internet, at
least two or three hard-copy sources must also be used. These can be either books or articles or
both. Materials from any common law
jurisdiction may be used.

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.

4.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.

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