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Question: 1contract law problem need help with facts finding in this...

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1Contract Law problem

Need help with facts finding in this issue and relevant cases.


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Issue:  "Mary and Dave recently had their 40th wedding anniversary. To celebrate, they decided to go on a holiday together to Sanctuary Island: a small tropical island in the Whitsundays in Queensland.

The brochure for Sanctuary Island shows white, sandy beaches, beautiful tropical vegetation, and an amazing five star resort. The brochure also states “Sanctuary 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 pictures of delicious-looking cakes.

Given that Mary and Dave are keen divers and that Dave really enjoys eating cake, the choice of venue for the holiday is easily made.

When Dave calls to book the holiday, he speaks to Kathy who runs the resort. Dave asks Kathy, “So how’s the diving?” Kathy replies “It’s always brilliant here.” Dave also mentions that he enjoys cakes and comments that he is really looking forward to eating lots of them when he gets there. Kathy says “the food here is really exceptional, I am sure you will love it.”

In fact, the diving isn’t 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. Kathy 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to mention that the chef who had prepared all the cakes used in the promotional pictures had left the Island and had been replaced by a Two-Hat Japanese chef (who specialises in Asian food).

When Dave and Mary arrive at the Island the next week, they check in and are shown to their room. In their room there is a large sign which states “Visitors are advised that the Sanctuary Island takes no responsibility whatsoever for any items left in room - 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 house maid forgot to lock the door to Mary and Dave’s room. Unfortunately, this was noticed by Sam, who entered the room and stole all of Mary’s jewellery and Dave’s wallet.

Shortly afterwards, Dave and Mary become aware of the poor diving conditions and the lack of cakes (although there is lots of delicious sushi available)".

When they get back from their holiday Mary and Dave call you, very upset, and ask for your advice.  Advise Mary and Dave

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