AutoSave O OFF h H . C 6 9 0 6 A 8 ... BTX1010_2022_ Assessment Task Three - Saved to my Mac Home Insert Draw Design Layout References Mailings Review View v Tell me Share Comments Times New... v 12 AA | Aa abA A %= v FE AV AABBCCDD AaBbCcDdEe AaBbCcDdEe AaBbCcDc O Paste B I Uvab X X A LAVA Chapter Hea... Norma No Spacing Heading styles Dictate Sensitivity Editor Pane Word limit Your response to this assessment task should be approximately 1,300-1,500 words (+/- 10% is allowed). Credits This assessment task will constitute 15% of your overall mark. Marks are awarded for: content, 13 marks, and style, 2 marks. Therefore, attention to analysis, setting out, spelling, grammar, correct citation of cases and legislation, referencing and bibliography will be rewarded (please see assessment task marking/style criteria at the end of this document). Submission details Please submit your response to this assessment task via the submission link for Page 1 of 8 Page 1 of 8 1743 words English (Australia) x Accessibility: Investigate Focus E + 200%AutoSave O OFF h H . CG - 0 - A B ... BTX1010_2022_ Assessment Task Three - Saved to my Mac Home Insert Draw Design Layout References Mailings Review View ? Tell me Share Comments Times New... v 12 AA Aa Ap abcA A EVEva AABBCCDD AaBbCcDdEe AaBbCcDdEe AaBbCcDc Paste BIUvab X X Av LAVA Chapter Hea... Norma No Spacing Heading styles Dictate Sensitivity Editor Pane Ghyll Scrambling in Fallsland Samuel has recently established his extreme adventure business called 'Samuel's Ghyll Scrambling Pty Ltd.' 'Ghyll Scrambling' is described as a thrill-filled activity which involves scrambling directly up a mountain river, but in the water rather than by taking the more traditional path along the side, where participants' activities include jumping plunge pools, traversing along walls, jumping across boulders, and climbing, abseiling, and jumping through waterfalls. Samuel creates the following flyer to promote his business: Ghyll Scrambling in Fallsland Bored? Need something to give you that adrenaline kick? Visiting Fallsland for a few days? Fancy some fun and Page 3 of 8 1743 words X English (Australia) Ex Accessibility: Investigate Focus + 200%AutoSave O OFF h H . C G 7 0 - A B ... BTX1010_2022_ Assessment Task Three - Saved to my Mac Home Insert Draw Design Layout References Mailings Review View ? Tell me Share Comments Times New... v 12 A A Aa A abcA A AV AL AABBCCDD AaBbCcDdEe AaBbCcDdEe AaBbCcDc Paste BIUvab X2 X Av LAVA Chapter Hea... Norma No Spacing Heading styles Dictate Sensitivity Editor Pane Bored? Need something to give you that adrenaline kick? Visiting Fallsland for a few days? Fancy some fun and adventure while you're here? Why not spend time ghyll scrambling on the waterfalls of the Bumblebee River? You'll never forget it. It's more exciting, fun and safer than walking under tall trees in the Butterfly Forest! And you get plenty of opportunities to take unique pictures! I promise you that I am not only passionate about what I am doing but that I am also a professional. It only costs $210.00! First 100 customers from Snowflake City in December get a Certificate of Adrenalin Junkie, a new pair of bathers and a bottle of sunshine to take home! Page 3 of 8 Ring Samuel now and make a booking - 1800 111111. Page 3 of 8 1743 words x English (Australia) x Accessibility: Investigate Focus Lo E + 200%AutoSave O OFF A A . CG - 0 6 AB ... BTX1010_2022_ Assessment Task Three - Saved to my Mac Home Insert Draw Design Layout References Mailings Review View ? Tell me Share Comments Times New... v 12 A A Aa Ap abc A A 24 AABBCCDD AaBbCcDdEe AaBbCcDdEe AaBbCcDc O Paste B I Uvab X x Av LAVA e Chapter Hea.. Normal No Spacing Heading Styles Dictate Sensitivity Editor Pane Harleen and Lucy, students from Colibri University, are very impressed by the professionalism of the ad. Being adrenaline junkies themselves, they decide to call Samuel and make a booking. They enquire whether they are one of the first 100 customers in July from Snowflake City and Samuel tells them they are, 'but I was only kidding about the bathers and the bottle of sunshine'. On the day of the trip, Samuel comes to the hotel to pick Harleen and Lucy up - all part of his 'professional service'. He collects the $210.00 from Harleen and Lucy and hands them a form, saying it is a receipt and that they should fill in their details for the 'Certificate of Adrenalin Junkie'. Harleen and Lucy fill in the form and sign it. They do not pay particular attention to what the form states as Samuel hurries them up.sd On the 'Certificate of Adrenalin Junkie' form the following was stated: Certificate of Adrenaline Junkie I am a legend! I am a manic thrill-seeker who has Page 4 of 8 1743 words X English (Australia) TX Accessibility: Investigate Focus + 200%AutoSave O OFF h H . C G 7 0 6 A B ... BTX1010_2022_ Assessment Task Three - Saved to my Mac Home Insert Draw Design Layout References Mailings Review View ? Tell me Share Comments Times New... v 12 AA Aa A abA A EVEVEV AV 13 AABBCCDD AaBbCcDdEe AaBbCcDdEe AaBbCcDc Paste BIUvab X2 A L Av A e Chapter Hea... Normal No Spacing Heading styles Dictate Sensitivity Editor Pane I am a legend! I am a manic thrill-seeker who has proudly agreed to risk life and limb and, whilst VERY scared, have agreed to navigate the Bumblebee River with only minimum safety equipment! I solemnly swear not to be angry with Samuel if something goes wrong, I definitely will not sue him if I am injured and I should know better than to take anything valuable with me on such a trip. They hike to the headwaters of the Bublebee River. There had been very heavy rainfall on the night before making the course more dangerous. Lucy trips several times and at one stage falls on her brand-new digital camera, which breaks. Lucy works as a freelance photographer for the Beautiful Sceneries magazine which was interested in purchasing some pictures. She is frustrated as she now cannot make any photo of the beautiful scenery to sell to the magazine. Once they reach the top of the waterfall, the water is wilder than expected but Samuel decides to go ahead anyway. Harleen straps into her safety gear. As the gear looks worn and torn, she asks Samuel about it before heading down the waterfall. Samuel shrugs his shoulders in a non- committal way, saying: 'Well, I just started my business so I had to get them pretty cheap. Don't worry, nothing has happened so far.' He smiles at her encouragingly and tells her not to hold everyone up.... Page 4 of 8 1743 words OX English (Australia) Ex Accessibility: Investigate Focus E + 200%AutoSave O OFF h H . CG 9 0 6 A 8 ... BTX1010_2022_Assessment Task Three - Saved to my Mac Home Insert Draw Design Layout References Mailings Review View ? Tell me Share Comments Times New... v A A Aa Ap ab A A 21 AABBCCDD AaBbCcDdEe AaBbCcDdEe AaBbCcDc O Paste B I Uvab X x Av LAVA Chapter Hea... Normal No Spacing Heading styles Dictate Sensitivity Editor Pane In the high waters that follow the rain, navigating the gorge becomes even trickier. Harleen's safety rope breaks and she is thrown against the rocks. She suffers a severe head trauma as her helmet breaks on impact, breaks her leg and sustains abrasions, requiring several weeks of hospitalisation. Harleen spends the rest of her holiday in Fallsland Hospital. Whilst recovering in the hospital, Harleen speaks with a nurse who tells her that several people have been hospitalised this year due to similar accidents on the river occurred after heavy rain. Further investigations into the accident provide the following findings: the river was not safe to navigate due to the heavy rainfall. In fact, there had been a warning issued to all licensed tour operators that day. Unfortunately, Samuel had failed to register and obtain a license as a tour operator; and the safety gear was considered to be of very poor quality and would not meet any Fallsland standards - Samuel had bought them at a street market without seeking professional advice on what type of equipment he would need. Harleen was seriously upset that Samuel had thrown all common sense out of the window. She was even more upset by his refusal to cover her medical expenses. 'Don't be silly. Didn't you read what you signed?' he replied. Harleen considers whether to sue Samuel or maybe approach one of the current affair TV shows to run a program on irresponsible tour operators. Page 4 of 8 1743 words English (Australia) Tox Accessibility: Investigate Focus E + 200%o . AutoSave 0W GD '9 v 13! [3 B #- A\" E3 v2:B'rx1o1o_2022_Assessment1'askThreeSaved to my Mac Home Insert Draw Design Layout References Mailings Review View Q Tell me shers. Doomments Times New... Q as Dictate Pane was even more upset by his refusal to cover her medical expenses. 'Don't be silly. Didn't you read what you signed?' he replied. Harleen considers whether to sue Samuel or maybe approach one of the current affair TV shows to run a program on irresponsible tour operators. When Harleen threatens to do so, Samuel's comment on this was rather blas: 'Well, make my day 7 any publicity is good publicity. I could not afford TV exposure on prime time anyway.' (3) [11 marks] Do you think that Samuel is liable for damages for breach of any contractual terms? Please consider all relevant express terms of the contract, including the exclusion clause (disclaimer). Harleen and Lucy would like a refund of the price of the gorge scrambling adventure, seek any damages to which they may be entitled to, and want to know whether they are entitled to bathers and bottles of sunshine. Samuel believes he is well covered against any claims because of the signed Certicate of Adrenaline Junkie. Please discuss, and support by case law, the following: PageSofB 1743words E13 EnglishIAustralia) Accessibility:Investigate DFocus E0 + 200% AutoSave O OFF h H . C G 7 0 - A B ... BTX1010_2022_ Assessment Task Three - Saved to my Mac Home Insert Draw Design Layout References Mailings Review View ? Tell me Share Comments Times New... v 1 A A Aa Ap abA A 21 AABBCCDD AaBbCcDdEe AaBbCcDdEe AaBbCcDc Paste BIUva X X A L Av A Chapter Hea... Norma No Spacing Heading styles Dictate Sensitivity Editor Pane Please discuss, and support by case law, the following: . Contract formation in the case at hand [3 marks] o An offer? o An acceptance? o Intention? o Consideration? . Contract terms [4 marks] o Express terms of the contract, including o Exclusion clause (disclaimer) Contract remedies [4 marks] Damages: Harleen's losses Lucy's losses O Other Page 5 of 8 1743 words X English (Australia) TX Accessibility: Investigate Focus + 200%