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Answer To: Word Count - 2000APA StylePeriod - 48 hoursI ll attached the assignment for your reference.All the...

Dipali answered on Sep 26 2023
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WRITTEN ASSIGNMENT        12
WRITTEN ASSIGNMENT
Table of contents
Introduction    3
Issues    3
Source of Law    6
Relevant Law    7
Application of the Law    9
Conclusion    11
Recommendations    11
References    13
Introduction
    This report intends to offer legal guidance to retired couple Aaron and Margo who purchased a vacation package from Aussie Holidays Pty Ltd (AH) and had a trip that was very different from what had been promised to them. Their contractual rights will be analyzed, and the investigation into whe
ther they may sue the travel agent for damages, will be covered in the report. In the analysis, concerns will be identified, the source of the law will be explained, and the appropriate legislation will be applied to their situation.
Issues
Contractual Legality
    The main concern is how legally sound the agreement is between Margo, Aaron, and Aussie Holidays Pty Ltd (AH). Under Australian contract law, a contract must fulfil certain requirements in order to be enforceable –
· Offer and Acceptance: Aaron and Margo signed the contract after AH made an offer for a vacation package. The main argument here is whether their approval was affected by any unstated terms or false representations.
· Holiday contracts often contain the intent to create legal relations, which is evident from the contract's explicit reference to its legal binding character.
· Compensation: The payment of $2,000 by each party served as compensation.
· Certainty and Possibility of Performance: Although the contract's provisions looked to be unambiguous, doubts have been raised about whether they will actually be carried out as intended at the destination.
· No evidence has been found that either party lacked the necessary ability to engage into the contract (Bowley, 2019).
· Genuine Consent: The problem centers on AH's false statements, which are discussed in more detail below.
Misrepresentation and Breach of Contract
    The second crucial question is whether AH's false statements and the ensuing departure from the planned vacation amount to a breach of contract. This entails looking at several components –
· Misrepresentation: Matt, the manager of AH, assured Margo and Aaron about the resort's caliber, the state of the beach, the availability of water skiing, and the golfing amenities. Given that they affected their choice to sign the contract, these claims may be considered misrepresentations.
· Misleading Statements: It's critical to prove that Matt, AH's salesperson, made misleading claims about the resort's features and the actual situation in the area.
· Inducement to Contract: Aaron and Margo must prove that AH's deceptive remarks persuaded them to sign the agreement. In essence, they must demonstrate that they would not have accepted the contract if they had understood the actual terms.
· Negligence or Intent: In order to obtain compensation for misrepresentation, it is essential to demonstrate that AH made her fraudulent claims intentionally or negligently. A contract violation is more likely to occur if there was carelessness or malicious intent (Zoe & Huang, 2022).
Enforceability of Exclusion Clauses
    The contract's exclusion provisions, in particular provisions 4 and 6, and their enforcement are the third and foremost important issues. These provisions aim to restrict AH's responsibility, and their enforcement is dependent on a number of criteria –
· Reasonable Notice: Were Aaron and Margo fairly made aware of these exclusion clauses? They might not be enforced if they were poorly described or covered in tiny text.
· Reasonability in the Light of the Circumstances: The provisions must be regarded as fair, even if they are reasonably highlighted. This assessment takes into account the form of the contract, the negotiating strength of the parties, and the scope of the exclusion (Khan, Kishwar & Bashir, 2023). Additionally, the enforcement of these conditions may be impacted by the Australian Consumer Law (ACL).
Damages and Remedies
    The fourth concern is about the harm that Aaron and Margo experienced as a result of the poor vacation and AH's deceptions –
· Financial Losses: This includes the $2,000 payment made for the vacation package, any additional flight charges incurred as a result of them cutting their trip short, and any expenditures directly related to the breach.
· Emotional anguish: Aaron and Margo may claim compensation for their anguish if it resulted from the misleading vacation and broken promises.
· Consequential damages: Any damages flowing directly from AH's breach, including hospitalization fees and medical expenditures related to Margo's psychological breakdown.
Australian Consumer Law (ACL)
    The possible impact of the ACL in this situation must be taken into account even if it is not a separate issue. Consumers are protected by the ACL against false statements, misleading and deceptive behaviour, and unfair contract conditions. If AH is found to have been dishonest or misleading, this might bolster Aaron and Margo's claim for damages.
Source of Law
    It is...
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