Can you give an example of using this structure?
Discuss:
- Any breaches of the contract;
What legal issues apply to each part of the question?
Following AGLC (Australian Guide to Legal Citation) when referencing.
Thank you so much.
Josephine is a world-famous fashion designer and was planning her wedding for 100 of her closest friends, family and colleagues. While browsing the intemet, Josephine discovered Clifftop Wedding Receptions (\"CWR\"), a stunning wedding venue on Phillip Island overlooking the ocean. Josephine made an appointment with Ross, the events planner for CWR to discuss the possibility of holding her wedding at the location. Josephine drove down from Melbourne and met with Ross on 12 September 2020 and was highly impressed with the magnicent wedding chapel overhanging the water's edge. Ross tells Josephine about the different wedding packages and options available. This included the option to have the wedding reception on the water's edge under a marquee. and that luxury glamping tents could be arranged for the accommodation of Josephine and her guests. 'This place, overlooking the water and the stars, looks amazing at night! It will be the most magical of nights for you and your guests,' he tells her. Josephine imagined herself looking radiant in front of her guests and barely heard Ross who went on to say that occasionally wild south-westerly winds from the Bass Strait could upset events. Josephine returned to Melbourne and Ross and Josephine began to negotiate the wedding contract in earnest. Josephine chose the diamond food and deluxe beverage packages. Josephine also selected the three-tiered specially baked wedding cake, and the option to \"save\" the top tier. For entertainment, Ross recommended the band \"The Tuneskis\Clause 3. CWR will provide the diamond catering package for 100 guests, which includes desert sharing platters and tasting plates.1 Clause 4. CWR will provide the deluxe beverages package for 100 guests, which includes premium wine, beer and spirits, and tea and coffee.2 Clause 5. CWR will supply a three-tiered specially baked wedding cake with topper. The top tier will be saved and given to the bridelgrcom at the end of the night. Clause 6. Entertainment and Master of Ceremony (MC) services to be provided by \"The Tuneskis". The band will provide all sound and lighting equipment for the vent. Clause 7. CWR to install and provide 25 \"glam" tents for guest accommodation. Clause 8. The following fees are payable by the Customer in accordance with clause 9: a) Chapel Services $10,000 b) Hire of 100-peson marquee $5,000 c) Reception decor and set up $7,000 d) Diamond food package (catering) $22,000 e) Deluxe beverages package $4,000 f) Three-tiered specialty wedding cake $1,400 9) Entertainment and MC Services $5,000 h) Hire of 25 \"Glam\" tents $8,000 i) CWR event planning fees $7,600 Total cost $70,000 Clause 9. Customer to pay 50% of the total costs specied in clause 8 by electronic funds transfer on or by 10 February 2021. The balance to be paid two weeks before the wedding. In the event of cancellation by either party, the full deposit will be forfeited. Clause 10. CWR is not liable for any damage or harm caused, even by its own negligence. Signature of Customer: [End of Standard Form Contract] Josephine did not sign the contract. but did pay CWR in accordance with clause 9. 1 In small writing at the end of the contract: \"Substitutes may be used at CWR's discretion." 2 In small writing at the end of the contract: \"Substitutes may be used at CWR's discretion." The wedding ceremony was a happy event, but the reception tumed out to be disastrous. The diamond food package was a selection of inedible microwavable meals, and the desert sharing platters were plain after-dinner mints. The deluxe beverage package was a selection of lukewarm and cheap alcohol, and not the premium or top-shelf drinks expected by Josephine. To make things worse. after about 2 hours, CWR started charging Josephine's guests for their drinks. The band and M03 were dressed and spoke as if they were 18''1 century pirates. Although Josephine's guests laughed at the dramatic calls of 'Avast ye' and 'landlubbers,' Josephine was incredibly embarrassed and shocked that her wedding had been reduced to so much ridicule. The band went on to play a song called "Wild Thing\" that was not the original song by the Troggs but an unromantic thrash metal song that resulted in many of Josephine's guest retreating from the danceoor and outside of the marquee. When it came time to cut the cake, Josephine was hon'ied to learn that one CWR's waiters had clumsily dropped the wedding cake earlier that day. Instead of sourcing a new cake, the mashed and crumpled remnants of the wedding cake was wheeled out, and after much insistence from her guests, Josephine went ahead with \"cutting\" the leftover mess. She cried when she learnt that the top tier of the cake had also been destroyed. Ross, the event planner, was nowhere to be found throughout the night as he had decided to stay home and watch the latest episodes of Married At First Sight. To make things worse, incredibly strong winds and heavy rains developed later in the evening. At about 10:30pm, the marquee collapsed under the incredulous winds, resulting in Josephine and her guests getting soaked by the horizontal rains. It was found that CWR had not used the con'ect pegs to x the marquee to the ground. Had CWR used the correct pegs, the marquee would not have collapsed. Along with the marquee, all of the glamping tents set up across the water's edge had also blown over. As a consequence, Josephine and her guests were forced to sleep in their cars as the only available accommodation to seek refuge from the storm. The next days, images of Josephine's disastrous wedding appeared in the news and social media. Images of the chaotic scenes, including people in pirate costumes, guests covering their ears with expressions of anguish, a smashed wedding cake, and soaked guests emerging from the collapsed marquee were seen across the world. Some of her closest friends were also found on social media publicly saying how bad the event was. Josephine's dress range is now a laughing stock and her reputation as a fashion designer is ruined. As a consequence, nobody wants to buy her wedding dresses. Josephine is angry and wants to sue. She has come to you for advice on her legal rights against CWR. Required. Using case law and statutory law, advise Josephine whether she would be successful in any claims against CWR, and if so, what remedies might be available to her
