Question 1

Question 1: Solman was holidaying in a remote rural area. He organised with a tour operator 'Perfect Tour Adventures' to take him on an adventure. Promised activities on this adventure included bushwalking, abseiling, kayaking, camping and river fishing.

Solman, aged 18, was hurt during an abseiling activity. He suffered cuts, bruises and concussion. The injuries were caused in part because he refused to follow the safety instructions provided by the supervisors of the abseiling activity.

Advise Family Friendly Adventures whether Stephen has contributed to his own injury.

Question 2:

Danielle and Felicia were managers of D&F Ltd. D&F closed their business, so Danielle and Felicia decided to set up a new business and try to employ all the former staff from D&F. There are at least 120 staff interested in working with Danielle and Felicia in their new business. Danielle and Felicia wish to invite investment from the public to fund their business and want to issue shares to all their staff and the public.

What sort of business structure should Danielle and Felicia use?

Question 3

After saving up for a romantic beach holiday for a couple of years, Gerald and Gemma are very excited about their upcoming trip to Sunny Beach Hotel on the Central Coast. They are particularly excited because they have booked a sea-view room within walking distance of the beach. According to the hotel's advertisement, the hotel 'only has sea-view rooms' and it is 'a short walk away from the beach'.

When the hotel confirmed the booking telephonically, Gemma specifically mentioned to the receptionist how excited she was about waking up with a view of the sea without even leaving her bed and walking to the beach a few times each day because it is so close. The receptionist says 'Yes, it really is a lovely hotel.'

When the couple arrive at the hotel, they find that they can only see a sliver of the sea from the bathroom window if they stand on their tippy toes and lean over the wash basin awkwardly.

Furthermore, the hotel is more than a kilometre away from the beach. Gerald and Gemma are devastated. Gerald vaguely recalls bits and pieces of an episode of The Consumer Affair and he thinks that they may be able to rely on the rules of Australian Consumer Law. However, only if the hotel engaged in something called 'misleading and deceiving conduct'.

Did Sunny Beach Hotel engage in misleading or deceptive conduct as prohibited by section 18 of theAustralian Consumer Law?