The annual Australian Financial Advisors Association members conference will be held in Perth, Western Australia this year. Josie is the Sales & Events Coordinator for the Association which is headquartered in Sydney and she has the responsibility for arranging everything in connection with the conference.

This year's conference will focus on 'Superannuation and Tax Concessions' and Josie's role is to ensure that all of the conference attendee's requirements are met including accommodation, travel, food and clothing.

Josie begins her task by looking up the website of A-Class Tours Pty Limited in order to book a bus for the purpose of the delegate's travel to and from the hotel to the conference centre during the 5 day visit to Perth. The website clearly states that all bookings must be made online.

Josie telephones the company on 11 January 2021 and has a general discussion with Jackson, the company representative, about a number of related matters including the availability of a bus, the dates and prices. She does not specifically confirm a booking or pay a deposit during that conversation.

A week later on 18 January 2021, Audrey posts a letter to A-Class Tours Pty Limited office in Perth stating that she would like to proceed with her booking as discussed with Jackson.

In addition to the 'booking' that she makes with A-Class Tours Pty Limited, Josie books all the accommodation and other conference and travel activities through 'Best Ever Travel', a travel agency.

On 25 February 2021, Josie realises that she has not yet organised any of the specially made polo shirts which the delegates will wear during the conference. She goes to 'Shiny Promotions" to make these arrangements.

She orders the polo shirts to be made with 'Australian Financial Advisors Association - Annual Conference 2021' to be embroidered on the sleeve. Josie agrees to buy the polo shirts for $75 each after the shop owner says "I've been in business for 28 years and my clothes are made from the finest quality cotton and workmanship. Trust me, you will have no problems with them. Look at this quality. Feel this material. I guarantee you that nothing will go wrong."

Josie is so disappointed and stressed that she has left things to the last minute and tells the shop owner that if he does not provide the clothing I within 14 days she will destroy him and his business.

When the clothing finally arrives, Josie discovers the polo shirts are not made from cotton and the logo embroidered on the sleeve says "2020" rather than "2021".

One week before the delegation is due to travel from Sydney to Perth, the West Australian Premier declares a state of emergency as a result of the worsening coronavirus pandemic and spreading infections, and decides to close all the borders. All flights into the State are cancelled and all roads into Western Australia are closed.

As a result, all conferences and event gatherings are prohibited until further notice.

Based on the above information and your knowledge of Australian contract and consumer law, answer the following questions (Note: Question 4 includes additional facts that must be considered when dealing with that question).

1. Outline and describe any legal contractual issues in relation to Josie's booking with A-Class Tours Pty Limited and whether or not she and/or the Australian Financial Advisors Association have a contractual arrangement with them. Use relevant cases to support your answer.

2. Outline and describe whether or not Josie's conduct towards the shop owner at 'Shiny Promotions' has any impact on the contract she has agreed to for the manufacture of the delegate's polo shirts. Use relevant cases to support your answer.

3. Advise Josie if her contract with 'Best Ever Travel' is enforceable, given the state of emergency declaration, worsening coronavirus pandemic and the subsequent cancellation of all conferences and event gatherings. Use relevant cases to support your answer.

4. Due to great disappointment following the cancellation of their annual conference in Perth, the Australian Financial Advisors Association decides to reschedule the conference to Batemans Bay on the NSW south coast. Unfortunately, this trip is a terrible disaster, as the travel agency used by Josie failed to make bookings adequately to accommodate the whole delegation, did not book enough tickets for the scenic Clyde River boat tour and failed to adequately cater for all attendees at the closing dinner to be held at the Soldiers Club. ACBUS201A Commercial Law I With reference to this additional information, outline whether or not Josie and/or the Australian Financial Advisors Association is entitled to sue for damages? Fully explain your answer and use relevant cases to support your answer.

5. For the purposes of the Australian Consumer Law (ACL) discuss whether or not Josie would be a 'Consumer' in relation to her dealings with 'Shiny Promotions'. 6. Has the shop owner of 'Shiny Promotions' committed a breach of the Australian Consumer Law (ACL) in relation to his statement "I've been in business for 28 years and my clothes are made from the finest quality cotton and workmanship. Trust me, you will have no problems with them. Look at this quality. Feel this material. I guarantee you that nothing will go wrong" and the circumstances surrounding the polo shirts received by Josie? Use relevant cases to support your answer.