Law case Research Question ERH Tropical Punch Winnie

Research Question Please see the Course Guide for Assessment Details and also the Marking Rubric which is available under the Assessment Tab on the blackboard. Research Problem Winnie is a fashion designer and was planning her wedding for 100 of her closest friends, family and colleagues. While browsing the internet Winnie discovered the Emerald Reef Hotel (‘the ERH’), a stunning hotel on the Great Barrier Reef with views over the Coral Sea that could be hired as a wedding venue. Winnie made an appointment with Eva, the Events Planner for ERH to discuss the possibility of holding her wedding at the hotel. Winnie flew up from Melbourne and met with Eva on 13 June 2015 and was highly impressed with the magnificent water’s edge patio (‘Edge of the Ocean’), Great Dining Hall and bridal suite. Eva said to Winnie, “If you have your wedding at ERH, it will be the happiest day of your life!” Winnie imagined herself looking radiant in front of her guests and barely heard Eva who went on to say that occasionally a tropical storm could upset events. Winnie returned to Melbourne. Eva and Winnie began to negotiate the wedding contract in earnest. Winnie chose the “Asian Finger Feast” off the hotel’s set menu for her guests to eat based on the photos of delicious looking trays of finger food and the description that included “prawns, sushi, salmon, spring rolls, teriyaki skewers and tropical fruit.” For entertainment, Eva recommended the band “The Trolls”. Eva did not tell Winnie that in fact the Trolls were her son and his friends who were a death metal band. Winnie did not tell Eva that her wedding was also going to showcase her new range of designer offthe-shelf wedding dresses for her business. It cost Winnie $10 000 to develop the range but profits are expected to be in excess of $50 000. The contract between Winnie and ERH was finally concluded on 13 September 2015: Clause 1: ERH will provide their venue ‘Edge of the Ocean’ for the entertainment of 100 guests on the wedding night on February 1 2016 from 5pm to midnight. Clause 2: ERH will serve the “Asian Finger Feast” to 100 guests.1 Clause 3: ERH will serve Tropical Punch to the guests for the first 2 hours, thereafter the guests may purchase drinks from ERH’s bar at reasonable prices. 2 Clause 3: Entertainment to be provided by the Trolls. The bridal dance will be the song “Wild Thing”. Clause 4: Winnie is to pay 50% deposit of the total $20 000 price. The balance is to be paid a week before the wedding. 1 In small writing at the end of the contract: “Substitutes may be used at the hotel’s discretion.” 2 In small writing at the end of the contract: “Tropical Punch is a secret recipe and its contents cannot be disclosed.” Clause 5: In the event of cancellation by Winnie, the deposit will be forfeited. Clause 6: ERH is not liable for any damage or harm caused, even by its own negligence. Winnie paid ERH according to Clause 4. Unfortunately, the day of the wedding did not go well. A tropical hurricane struck and the guests were moved to a disused shed at the back of the hotel as the Great Dining Hall was unavailable. As a result, the party did not get underway until 7pm. The “Asian Finger Feast” turned out to be sourced from the freezer of a discount supermarket. The Tropical Punch was a lukewarm non-alcoholic mixture of tinned pineapple and orange juice and the drinks purchased from the bar were 3 times the cost of equivalent Melbourne prices. The Trolls played a song called “Wild Thing” that was not the original song by the Troggs but an unromantic death metal song. To top it off, the terrible event has made Winnie’s dress range a laughing stock. An article appeared in a fashion blog mocking her disastrous wedding and so nobody wants to buy her dresses. Winnie is angry and wants to sue. What are her legal rights? Discuss: 1. the formation of the contract 2. the validity of the contract terms 3. any vitiating factors of the contract 4. any remedies and damages available to Winnie. Please refer mainly to case law but include appropriate references to the Australian Consumer Law

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