79018: Advanced Commercial Law Legal Research - Ariana Case Study- Law Assignment Help

ASSIGNMENT TASK:

TASK:

In November, Ariana went with her mother Taylor to a Sydney outlet of Marine Paradise Expeditions Pty Ltd (‘MPE’) to enquire about their Great Northern Reef cruises. Ariana wanted to treat Taylor (who turned 70 in March) to an amazing holiday, and it had been her life-long dream to see the Reef. Ariana had budgeted to pay $8,000 for the cruise and Taylor had agreed to cover any cost above that, they laughingly joked about this in front of the sales representative.
The sales representative said that MPE were able to offer a three-night tour of various reefs and islands off Cooktown, Queensland that coincided with Taylor’s birthday in March for a total price of $8,000 for a standard twin cabin. The deluxe cabin would be $12,000. Ariana and Taylor decided the deluxe cabin would be the best for them.

Please provide an answer to the questions in the following scenarios:

Scenario 1

Two weeks before the cruise there was a major coral bleaching event that turned the reefs around Cooktown into a wasteland. Ariana no longer wants to go on the cruise. Can Ariana avoid the contract and get all her money back? Alternatively, can MPR cancel the cruise and keep the deposit pursuant to clause 2 of the Standard Terms?

Scenario 2

Assume that the coral did not bleach and Ariana and Taylor went on the holiday. However, once on board they realised that the viewing gallery was no more than a few very small windows in a tiny corridor, each set about 5 metres apart. It was nearly impossible to access this area at important viewing times due to the large number of elderly passengers on board. Taylor was very disappointed. Can Ariana successfully sue for damages for breach of contract? If Ariana were to be successful will clause 4 of the Standard Terms have an impact on the outcome?

Scenario 3

Assume that the coral did not bleach and the departure date is imminent. Johnny Deep and his new companion Amble Herad have requested to charter ‘Dazzling Blue’ over the Corona ISO period which coincides with the time that Ariana and Taylor have booked. MPR now propose to activate clause 3 of the Standard Terms as the Deep/Herad offer is too good to refuse. What is the likelihood of MPR being able to successfully rely on clause 3 of the Standard Terms?

Scenario 4

Assume the cruise proceeded albeit with unhappy customers due to a poor reef display and basic viewing amenities. Ariana hits the Blue Bar on the last evening and runs up a $2,000 bill. To record the transactions at the Blue Bar she swipes her Cabin Card. MPR have requested payment of $2,000 from Ariana who refuses to pay due to her bad experiences. MPR now wish to force Taylor to pay. Is Taylor contractually obliged to pay pursuant to clause 1 of the Standard Terms?

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