Question 1 - Australian Consumer Law

Alex went on holiday to North Queensland. As part of the trip, she booked what she thought was the world-famous 'Steve's crocodile tour'. 'Steve's crocodile tour' has been a famous tour renowned around Australia and internationally for over a decade (as he is the only one with a licence to go to crocodile lairs). Recently Ben started his own crocodile tour company. In his brochure, Ben charges the same rates as Steve's crocodile tour and uses a similar logo and the signage 'Steve's croc adventure tour'.The rough map in Ben's brochure identifies the 'crocodile lairs' even though the tour does not go there.

Alex thought she hadbooked Ben's 'Steve's croc adventure tour'because she was under the impressionitwas 'Steve's crocodile tour'whichincluded the licenced crocodile lairs.After returning from her holiday, Alex contacts Ben's tour company demanding a refund stating 'that is misleading! You are breaching the Australian Consumer Law! I am going to sue you!'

Using relevant legal principles, answer the following questions:

a)Discuss whether Ben has breached section 18 of the Australian Consumer Law

(80% of question)

b)Is Steve allowed to bring an action against Ben? (20% of question)