Melbourne has held an impressive firework display every New Year's Eve for over a century. Jack was very keen to ensure he had the best possible view for New Year's Eve 2019 as he planned to propose marriage to his girlfriend. He researched extensively before settling on a penthouse suite at the Star Hotel ('the SH'). The SH had the following on its website: The New Year's Eve view from our penthouse suite is the best in Melbourne! Jack emailed the SH on 5 January 2019: I would like to book your penthouse suite on 31 December 2019 as I believe the view of the fireworks is amazing! Would you be able to provide a Sleeping Dog mattress? The SH replied: Yes, indeed Sir, we have the best view in Melbourne. The cost of the suite will be $2000, with a deposit of $1000 payable on booking. The mattress will be an additional $400, to be paid in full beforehand. Jack duly paid $1400 to secure the booking on 10th of January and SH arranged to hire the Sleeping Dog mattress. When 31 December arrived, Jack checked in to the penthouse suite whereupon he was shocked to discover that a neighbouring skyscraper obscured the view of the city skyline. On his way out of the room to complain to Reception, he noticed a sign on the back of the penthouse door that stated: "The Star Hotel takes no responsibility for fireworks visibility from this room. The Melbourne City Council chooses the location of displays." Jack left the hotel in a rage, his night ruined. a) Required: Advise Jack whether he can avoid the contract with the SH, and on which grounds. Advise Jack of any remedies available. Refer to case law AND legislation in your answer.