Advertising Materials : Commercial Law - Law Assignment

Internal Code - MAS1339

Law Assignment

Question : A new pizza brand, Domboyz, has established a national franchise network with the aim of gaining quick market access in competitive circumstances. It has key promotional attributes relating to delivery, heat, dietary considerations and consumer rights. Assume you are a newly qualified lawyer who has just watched the following online clip: https://www.youtube.com/watch?v=yL2y5rNfUMM. You have been requested to provide a draft memo of advice to the head of the Domboyz Office of General Counsel which intends its terms of service to cover all the rights and remedies available to consumers. You are required to advise on the possible legal implications for Domboyz of the following marketing claims in their proposed advertising materials (do not discuss misleading and deceptive conduct here): a. Delivery will be made by drone to any address within three kilometres of a franchise within nine minutes of receipt of an online order; b. Exclusive technology and packaging will guarantee that pizzas are ‘extra hot’, namely up to 50 degrees C, when received by customers; c. There will be no charge for pizzas delivered outside the advertised time and heat ranges but because of the other benefits for consumers they have no entitlements if not satisfied with their food. Now assume that the company has started trading and pizzas are being sold on the basis that they are suitable for all consumers with diabetes. A consumer complains that because of their particular health circumstances their steady consumption of Domboyz pizzas has resulted in the onset of diabetes. Discuss the company’s potential liability and how its promotion in respect of this issue can avoid any problems in the future.

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