Analysis this case :
Julian and Anna recently celebrated their 20th wedding anniversary. To properly celebrate this milestone, they decided to go on a holiday together to Bliss Island, a small exclusive, tropical island in the Whitsundays in Queensland.
The brochure for Bliss Island shows white, sandy beaches, beautiful tropical vegetation and an amazing five start resort. The brochure also states “Bliss Island offers some of the best reef diving anywhere in the world, available all year round.” It also states that “visitors will enjoy some of the finest foods, prepared by some of the best chefs in Australia.” Pictured alongside this statement about food are several delicious looking cakes.
Given that Anna and Julian are both keen divers and that Julian enjoys eating cake, the choice of venue for the holiday is easily made.
When Julian phones to book the holiday, he speaks to Sandra who runs the resort. Julian asks Sandra “so how’s the diving?” and Sandra replies “It’s always brilliant here.” Julian also mentions that he enjoys cake and comments that he is really looking forward to eating lots of them when he gets there. Sandra says “the food here is really exceptional, I am sure you will love it.”
As it turns out, the diving isn’t really that good. Tropical storms and an algae bloom have meant that there is very low visibility and the easily accessible parts of the reef have been damaged. Sandra also failed to mention that the chef who had prepared all the cakes used in the promotional pictures had left the Island and had been replaced by a Two-Hat Pakistani chef, who specialises in Indian food.
When Julian and Anna arrive at the Island the next week, they check in and are shown to their room. There is a large sign on the back of the door in their room which states that “Visitors are advised that Bliss Island takes no responsibility whatsoever for any items left in rooms – including actions in contract law or tort. All items left in the room are done so at the visitor’s own risk. “
The next morning, the housemaid forgot to lock the door to Anna and Julian’s room. Unfortunately, this was noticed by Pete, who entered the room and stole all of Anna’s jewellery and Julian’s wallet.
Shortly afterwards, Julian and Anna become aware of the poor diving conditions and the lack of cakes (although there is plenty of curry available).
When they get back from their holiday, Anna and Julian call you, very upset, and ask for your advice. Advice Anna and Julian.
The maximum length of your essay is 1500 words, +/- 10%. Referencing must be in accordance with the AGLC3. Please use Gibson, A & Fraser, D, 2010, Business Law, 6th Edition, Pearson Prentice Hall as far as possible.
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