Writers Den

HA
2022

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.

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%