Moore v Scenic Tours Pty Ltd; Scenic Tours Pty Ltd v Moore

The High Court of Australia considered the dispute between Mr. Moore, a consumer, and Scenic Tours Pty Ltd, a tour operator, concerning a holiday package. Mr. Moore suffered a fall during a guided tour in Italy, sustaining injuries. He subsequently commenced proceedings against Scenic Tours alleging breaches of contract and misleading or deceptive conduct under the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)).

The central legal issues before the High Court were whether Scenic Tours had breached its contractual obligations to provide a safe tour and whether its conduct in marketing the tour amounted to misleading or deceptive conduct. Specifically, the court had to determine the scope of Scenic Tours' contractual responsibilities regarding the safety of the tour and the adequacy of the warnings provided to Mr. Moore about potential risks.

The High Court reasoned that the contract between Mr. Moore and Scenic Tours imposed an obligation on the tour operator to exercise reasonable care to ensure the safety of participants. This obligation extended to the provision of adequate warnings about foreseeable risks. The court found that Scenic Tours had failed to adequately warn Mr. Moore of the specific risks associated with the terrain and the need for appropriate footwear, which contributed to his fall. Consequently, the court held that Scenic Tours had breached its contractual duty. The court also considered the *Trade Practices Act* and found that the marketing materials, by implying a level of safety that was not met, constituted misleading or deceptive conduct.

The High Court allowed Mr. Moore's appeal in part, finding that Scenic Tours had breached its contractual obligations and engaged in misleading or deceptive conduct. The matter was remitted to the trial court for the assessment of damages.