Claire was a student from China, who enrolled for a course for the learning of

advanced Business English at a Language Institute (Australian Language Institute)

in Cairns. Australia.

She was attracted by the advertisements which provided information that it was

accredited by the Australian Government and that the graduates from this course

were qualified to enroll in universities by using the language qualification as proof of

language speaking and writing ability

Based on the above information Claire enrolled in the course. After completing half

the duration of the course, she realized to her shock upon checking with the

government authorities that there was no such accreditation from the government.

Some of the Universities that she checked with also verified that they would not

accept the Language qualification for the purpose of entry into the Universities

courses.

She had paid $20,000 to the Institute for the course and had spent $30,000 for her

travel expenses, accommodation, and other incidental expenses for her to stay in

Australia to enroll and study for the course.

Representatives from Australian Language Institute claim that they had honestly and

reasonably believed that their course was accredited by the government.

(a)

What are the elements of misrepresentation? Discuss the various types of

misrepresentation and explain which type can be established from the above

facts?

(b)

What are the remedies available to Claire in the above case?