Australian Contract Law 2011: The Legal Effects of Representations in Brochures by Advertising Companies

Advertising is “false or misleading” under Cal. Bus. & Prof. Code § 17500 if it contains “untrue or misleading” claims without adequate qualifying statements. Freeman v. Time, Inc., 68 F.3d 285, 289 (9th Cir. 1995).

Another legal definition can be found under the Lanham Act where it is defined as, “Under Section 43(a) of the Lanham Act, a claim can be made against a defendant for false or misleading advertising. For a claim against a defendant for false advertising, the following elements are met and the plaintiff must show: (1) defendant made false or misleading statements as to his own products (or another’s); (2) actual deception, or at least a tendency to deceive a substantial portion of the intended audience; (3) deception is material in that it is likely to influence purchasing decisions; (4) the advertised goods travel in interstate commerce; and (5) a likelihood of injury to plaintiff. However, the plaintiff does not have to prove actual injury.” The Lanham Act has a more specific and

An offeror will have made an offer where it appears to a reasonable person in the position of the offeree that an offer was intended.

In the United States, The FTC (federal Trade Commission) has the authority to impose penalty against advertisers whom violate Federal Standards for truthful advertising. The FTC considers a message to be deceptive, if they include statements that are likely to mislead reasonable customers and the statements that are likely to mislead reasonable customers and the statements are an important part of purchasing decision. A failure to include important information are also considered deceptive. Also, the FTC also looks at so-called “implied claims,?” Claims that you don’t explicitly make but that can be inferred from what you do or don’t say.

This Act protects consumers from misleading descriptions which the business has said about their products and services. It would be a criminal offence if the business trader was to:

In addition, don’t believe every advertisement. Designed to peak the interests of a targeted group, advertisements make consumers spend money. In other words, one receives a false perception of the item or event advertised. Every year in Maine, the exceedingly promoted Lobster Festival takes place. Sponsors of this event speak, glamorously, about a Main Eating Tent where one pays “ around $12.00 [for a plate]…”

Advertisers have a niche for disguising hidden messages with alluring vocabulary. In the essay, “With These Words, I Can Sell You Anything,” William Lutz suggests, “Weasel words appear to make a claim when in fact they mean nothing at all”. (359) For example, the

Studmaster Pty Ltd was a landlord that owned a shopping complex in Bourke Street, Melbourne. Mrs Tran operated the “Vietnamese Lunch Box” outlet in the food court. She had little ability to speak or read English, which the representatives for Studmaster knew about. Studmaster proposed a three year renewal of her lease at $48,000 per annum plus GST for the first year and CPI increments in the second and third years.

This report identifies the legal effects representation of a brochure holiday package by Thompson Group. The analyses were based according to laws related to Australian consumer and consumer protection categorization. In particular, this is done by identifying the key information about the holiday, identification of the representations, terms, and conditions and warranties, exclusion and limitation validity clauses, identification of contents that are misleading and unconscionable or involves false representation and bait advertisements. Added to the Australian consumer and consumer protection law, the principles of contract law were also utilized to strengthen the legal advice that was provided.

I will be analyzing two advertisements, stating how effective they are likely to be in achieving their purpose and in selling a renter’s paradise. In my analysis I will include a list of persuasive techniques used in these advertisements. Undoubtedly, the purpose of an advertisement is a strong appeal to the readers. The purpose of the first advertisement; The Grove, apartments is to persuade the audience to experience the pleasurable and joys of living. It strongly reinforces the views through the content of the text and captures the interest of the audiences through multiple eye-catching pictures. When the reader first looks at the advertisement, it makes him or her feel how entertained and amusing this place can be in spite of the all

7.What is the denotation of the advertisement? 8.What is the connotation can we infer from the advertisement? 9.what discourses are present? (need to include bias) 10.What presentation have been communicated?

Serving the public is the best thing in the world . For the sake of serving people Advertising, public relations, marketing communications, news, and editorial all share a common objective of truth and high ethical standards. Research suggest that consumers do believe in honest and ethical advertising. Now the industry has started growing and they have committed to highest standards of truth and accuracy. Professionals have to build and maintain consumer trust so that they can

The hotel industry is one of the most prolific industries in Australia due to its presence in society and, the impact it has on the nation’s economy. Advances in technology since the end of the 20th Century have allowed the service market of a hotel to develop rapidly (Hilton Melbourne South Wharf

Kover et al. (1995) defines effectiveness in advertising as ‘‘the ability of an announcement to produce interest in purchase or use the good or service it is promoting’’ (Kover, Goldberg and James, 1995). Many researchers have tried to establish a link between the content and effectiveness of advertisements, and this will help us to identify some general factors that affect advertising, in order to recognize which one can maximize the desired effectiveness.

Advertising and promotion, ethical pitfall: Issues over truth and honesty. Issues with violence, sex and profanity. Taste and controversy and negative advertising