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    Question Existence of a Contract with an Unlicensed High Risk Business

    My question involves business law in the state of:
    I'm facing with this case for my Australian Contract Law assignment:
    Tom is a guy that love getting involve in adventurous activities. After taking several adventurous trips, he decides to quit his Uni course and establishes his own business of adventure trip services which he has never registered for a legal license to operate. He starts to spread hundred of flyers with the below summarized contents:
    Spend time gorge scrambling on the waterfalls of the Tully River (Sydney), more exciting, fun and safer than walking under tall trees in the Daintree Forest, taking wonderful pics. Also he promised that he was not only passionate but also professional. It cost $75$/person. And Tom also promised the first 40 customers from Melbourne in July get a
    Certificate of Adventure Challenger, a new pair of bathers and a bottle of sunshine.
    Brandon, a student from X uni,was so attracted by the professinalism of the ad. So he took a trip to Syd and booked for a trip. And tom announced that Brandon was 1 one the lucky 40 customers. So Tom gave Brandon a form and asked him to fill in his details for getting the Certificate of Adventure Challenger. Then Brandon filled the form straight away without paying any attention to what the form stated. Afterwards, he paid and received the Certificate of Adventure Challenger from Tom on which the following was stated:
    I am a genius, an actual challenger of risks and adventures! I'm scared by nothing, and I have agreed to navigate the Tully River with
    only minimum safety equipment!
    I'd like to swear by the moon and stars not to be angry with Mr. Tom if
    something goes wrong, I totally WON'T sue him if
    I get injured and I should know better than to take
    anything valuable with me on this trip.
    It should be noticed that there would be really bad weather in the place they were about to reach. There were warnings sent from the Tourist Safety Department to licensed tourist businesses which Tom had failed to received since he had not had a license. Also, the safety equipment Tom purchased was cheap and did not meet any Australian standard.
    When the weather got worse with heavy rain and they approach the peak of a waterfall. Brandon had his camera broken which meant he could not get any nice pics to print on the Landscapes of Beauty Magazine pages (this magazine would be interested to buy his photos). After that, Brandon suggested going back but Tom said they could proceed safe and sound since he was professional. Brandon was encourage and agreed to keep going ahead. He ended up in hospital with serious injures. He threatened to sue Tom for breach of contract if Tom failed to refund and cover his hospital fees. Tom declined and quoted the waiver he had put down on the Certificate of Adventure Challenger.
    [B][I][U]Questions:
    Was there any contract? If yes, was Tom liable for damages for breach of any contractual terms? Consider both express and implied term of the contract. Advise Brandon if he could sue Tom and asked for his refund of $40 and other amounts (hospital, photos revenue), and how he could do that.
    If I were Tom, how could I assess and manage the similar risk?
    Please lend a hand, thanks very much

  2. #2
    Join Date
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    Default Re: Existence of a Contract with an Unlicensed High Risk Business

    (A) We don't do homework.

    (B) This is a U.S. forum.

    (C) We don't do homework.

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