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.