The paper "Tutorial Assessment" is a good example of a Business assignment. Circulars used for advertisement purposes cannot be presumed to be offers but instead should be taken as treat invitations. They open room for the other party to create the offer except for cases where the party offering that advertisement has indicated their intention to assume legal liability as was the case with Carlill versus Carbonic Smoke Ball Co case. Since advertisements do not constitute a legally binding offer, they do not leave room for acceptance. In this case, by Ben the traveling agent offering a brochure containing Crystal Cruises Ltd cruises, he cannot be said to have proposed an offer to Carol despite any promises these cruises made as displayed in the brochure.
This means that at this stage, there was nothing to be accepted by Carol as no offer was made to her yet and she has the choice to leave Ben’ s suggested offer. A statement can be taken as a term and not mere representation if it is important. By Ben stating that the company’ s conditions imprinted on the ticket could not affect her but are mere standards, it convinced her to sign in for she felt her needs were catered for which turned out not to be entirely the case. A contract between Carol and the company was sealed when carol accepted the offer to cruise in their ship by signing the form and offsetting the $ 500 deposit which made up to 10% of the full fare which was accepted by the company by confirmation of her booking.
Carol accepted the company’ s offer by paying the full amount of her transport money meaning that both parties had gained contractual capacity. False representation and deceptive or misleading conduct displays the carelessness of the company and provides the consumer with recourse.
In carol’ s case, the company’ s experienced pilot who had cruised that route severally before was absent. Instead of relaying the information to the passengers, the captain chose to get an inexperienced pilot who had never used the route and was not conversant with the dangers involved. This led to the risk of the passenger's lives and constituted negligence by the captain.
ReferencesCorones, S. G. 2013. The Australian consumer law. Pyrmont, NSW, Lwabook Co.