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Introduction to Business law and Select a package holiday brochure. Read it and analyse it, looking to answer the following questions in your report.

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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. The...

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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; Identify the key information about the holiday as set out in brochure. Critically analyse the package using the principles of contract law found in case law and categorise the statements into representations, terms, conditions and warranties. 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. 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. Khoury & Yamouni, ‘Understanding Contract Law,’ 7th ed., Butterworths Lexis Nexis, 2006 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%

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Advertising encompasses the prospect of persuasion of people to effect profitable and viable deals that could have otherwise been evaded. Due to this reason, the probability of incorrect or deceptive material in advertising increases.  And this likelihood increases all the more when advertising is undertaken through brochures. Because of this, the governments worldwide have put into practice various rules and regulations to put effective control on false, incorrect and deceptive advertising. To the same theory, relates the notion of "Truth"  It derives that it is the consumer’s right for having the comprehensive information pertaining to the item or offer that they are buying, as well as it is mandatory that the most vital information must be on the display and should be visible.(LaMance, 2013).           

            As a general rule, ads through brochures to the people for the purpose of the commodities’ sale at a specific price might not be considered as offers to agree into a contract. To quite an extent, the ads on brochures are taken as invitations to build a contract. Further to this, it will not be considered to be a contract breach if any advertiser puts down the sale of an item, which formed a part of the brochure at the same price at which its advertising was conducted. The main factor, which is observed by the court, is that proviso the parties had the intention of assuming the lawful accountability by agreeing through a contract.

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