Answer ALL THREE questions. Each question carries 33 marks. Question 1 Archic used to sell various vintage items in his retail shop and online platform. He wanted to sell the used "Leicase" rangefinder camera for HKS2,500. He displayed the camera in his retail shop to attract any potential buyer. He also shared different posts in his social platforms On 1 April 2021, Archie posted a message in Outstagram (OG). "Used Vintage Camera for sale. Good condition. HK$2,500. Welcome to try it! Private message to yz32azzmail.com. Archie." Archie expected to promote his retail shop so he posted another message in Facecook "Be my model! Used Leicase" rangefinder camera and HK$1.000 is yours if you visit my retail shop, take a selfie with "Leicase" camera and share your selfie in my social media." On 1 April 2021, impressed by Archie's post in OG, Charlotte emailed to show her interest in buying "Leicase" camera and asked Archie if she could pay HK$2,500 by credit card in his retail shop Archic had received many responses after having posted the message on Facecook. On 1 April 2021, a 18-year-old student, Diana came to visit Archie's shop. "HiI like your post on Facecook. I wish to have the used "Leicase" camera. I will upload my selfie to your Facecook today." Diana said to Archie. Then Diana took a selfie with "L.cicase" camera. She immediately uploaded her selfie to Archie's Facecook in the hope of obtaining "Leicase"rangefinder camera. On 3 April 2021, Archie met his relatives in his cousin's birthday party. His auntie, Elaine told him that she had read his post in Facecook. "Wow! I love such kind of the vintage camera. Hey! I uploaded my selfie to your social media. Can I have the "Leicase" camera!" she said. "Sate! I promise to give you the vintage caniera." Archie forced a smile and responded to Elaine On 4 April 2021, Archie emailed Charlotte that payment could not be made by credit card. If she was still interested in it, she could send him an email for the order confirmation On 5 April 2021, Charlotte did not want to miss a chance to buy the rare "Leicase" camera so she sent an email to Archic and wrote "OK! I agree to buy it. Can I meet you and collect the camera at your shop on 6 April? Looking forward to hearing from you soon. On 7 April 2021, after a week, Diana sent an email to remind Archie that she uploaded her selfie to his Facecook and urged him to give her the camera and HKS1,000. Archie was puzzled as to whether he was under a contractual duty to give her the camera On 7 April 2021, Archic joined a monthly family gathering and met Elaine again. She asked him when she could get "Leicase" camera. He refused to give the camera to her and jokingly said that he made fun of her on 3 April 2021. Elaine was very angry and wanted to enforce his promise. On 7 April 2021, after a week, Diana sent an email to remind Archie that she uploaded her selfie to his Facecook and urged him to give her the camera and HK$1,000. Archie was puzzled as to whether he was under a contractual duty to give her the camera. On 7 April 2021, Archie joined a monthly family gathering and met Elaine again. She asked him when she could get Leicase" camera. He refused to give the camera to her and jokingly said that he made fun of her on 3 April 2021. Elaine was very angry and wanted to enforce his promise. Required: (a) Advise whether there is a valid contract between Archie and Charlotte on 1 April or 5 April. (10 marks) (b) Advise Diana as to whether she is entitled to have "Leicase" camera and HK$1,000. (17 marks) (c) Advise Elaine. (6 marks) Use case law and ordinance to support your answers. (Total: 33 marks) Question 2 Kate wants to open a flowery shop in a shopping mall and saw an advertisement as follows "Apple Mall is inviting you to join this unique Mall comprising of the latest ciertainment dining experience and S-star hotel like no other place! Contact our general manager, Vincent for details." Kate made an appointment with the general manager Vincent, to see if there is any unit that is suitable for her flowery shop. They met at Apple Mall which was still under construction and Vincent gladly showed the floor plan to Kate and said "You are very smart to consider Apple Mall - we are very popular and there's just shop left Kate told Vincent about her plan to run a flowery shop targeting at high-end customers, therefore she would only choose a mall that could offer that type of customers. Kate did not see any 5-star hotel on the floor plan and asked Vincent, whe replied that the name of the S-star hotel was a top secret and so could not be shown on the floor plan. In fact Vincent knew that the hotel with whom a tenancy agreement was signed by him representing the landlord that morning, was only a 2-star one. Vincent further said that he planned to invite 2 Michelin star restaurants to join Apple Mall in the near future. Kate thought that having a S-star hotel and 2 Michelin star restaurants in Apple Mall could easily attract those high-end customers and was very interested in taking up the only shop left. Yet she wanted to know if her flowery shop would be the only one at Apple Mall as she did not have the confidence to compete with another flowery shop in the same Mall. Vincent then diligently checked the floor plan and replied "Indeed - yours will be the only flowery shop in Apple Mall!" Kate was happy about what Vincent had told her and signed the tenancy agreement right away Three months later, when Apple Mall was about to open, Kafe discovered that the hotel was a 2-star one, there was no Michelin star restaurant, just 2 fast food restaurants, and that one of the shops was in fact let to a flowery shop - that tenancy was handled by Vincent's secretary who carelessly described that as "food shop on the floor plan which Vincent was holding on the day he met Kate Kate was very worried as she spent no less than HKSSOO,000 in designing and renovating the flowery shop. Even worse, When Kate visited Apple Mall there was some water on the floor and Kate slipped on the water. As a result, Kate had to stay in the hospital for three months and she failed to open her flowery shop on time. Not only she failed to earn the profits she expected to carn in these three months, she also had to cancel all her contracts with suppliers. When Kate sued Apple Mall for the loss she has suffered, Vincent pointed to the notice, which was posted at Apple Mall's customer service counter, and said. According to this notice, we are not responsible for any death, personal injury and property loss inside our Mall! (a) Advise Kate's rights and remedies against Apple Mall under contract law. Use case laws and ordinance to support your analysis. (18 marks) Advise Kate's rights and remedies against Apple Mall under boet of negligence Use case law and ordinance to support your analysis (1 mark) (Total: 33 marks) Question 3 Grace's birthday is coming soon and she would like to hold a birthday party in a hotel. She decided to hire a special ballroom together with swimming pool next to it in the hotel "The Love Hotel (The Love) for her birthday party. The ballroom is special for its unique decoration featuring many Minions, who are Grace's favourite. Marco, the manager of The Love, accepted Grace's booking for a hiring fee of HK$50,000. Grace paid a deposit of HKS10,000 The next day, Grace went to a Summer Sale at Daisy's shop. Her attention was drawn to a display of a smartphone, "Xphone 17". Above the display was a sign which read, slightly damaged goods. Daisy described the smartphone being made of Brium, which is a soft, silvery alkaline rare metal in the world. Grace would like to take some photos in her poolside party. When Grace asked Daisy whether the smartphone can take photos underwater, Daisy confirmed that the newly released Xphone 17 can take ploto anywhere in the world. Having carefully looked through this display of smartphone, Grace decided to purchase it because it was such a bargain. The price was reduced from HKS20,000 to HK$10,000. One week before the party was scheduled to be held, torrential main flooded The Love and half of the ballroom booked by Grace was damaged. Marco arranged a builder to restore the damaged ballroom to meet the schedule of the booking. After checking, the builder felt the ballroom was unsafe to be used unless restoration was made. He offered to finish the restoration to meet the booking schedule for a payment amount of HK$100,000. Marco felt this price was expensive but the builder stated that it would cost far less, only $30,000, if six-week time was allowed for the restoration. Marco felt that it is not worth the cost to rush to meet the scheduled booking as it would not be profitable. Marco lined to Grace the situation and offered to refund the HKS10.000 deposit paid by Grace. Grace refused to accept and insisted that Marco must provide the ballroom for holding her birthday party on the scheduled date. If not, she would sue Marco and the Love for breach of contract. As the party was likely to be cancelled, Grace decided to return the smartphone to Daisy's shop and argued that the smartphone was in breach of the sale of Goods Ordinance. (a) Marco seeks your advice whether he is entitled to cancel Grace's booking due to the accident. Explain your answer. (17 marks) If Grace would like to return the smartphone to Daisy, advise Grace if she has any rights and remedies under the sale of Goods Ordinance. (16 marks) Use case law and ordinance to support your answer. (Total: 33 marks) Answer ALL THREE questions. Each question carries 33 marks. Question 1 Archic used to sell various vintage items in his retail shop and online platform. He wanted to sell the used "Leicase" rangefinder camera for HKS2,500. He displayed the camera in his retail shop to attract any potential buyer. He also shared different posts in his social platforms On 1 April 2021, Archie posted a message in Outstagram (OG). "Used Vintage Camera for sale. Good condition. HK$2,500. Welcome to try it! Private message to yz32azzmail.com. Archie." Archie expected to promote his retail shop so he posted another message in Facecook "Be my model! Used Leicase" rangefinder camera and HK$1.000 is yours if you visit my retail shop, take a selfie with "Leicase" camera and share your selfie in my social media." On 1 April 2021, impressed by Archie's post in OG, Charlotte emailed to show her interest in buying "Leicase" camera and asked Archie if she could pay HK$2,500 by credit card in his retail shop Archic had received many responses after having posted the message on Facecook. On 1 April 2021, a 18-year-old student, Diana came to visit Archie's shop. "HiI like your post on Facecook. I wish to have the used "Leicase" camera. I will upload my selfie to your Facecook today." Diana said to Archie. Then Diana took a selfie with "L.cicase" camera. She immediately uploaded her selfie to Archie's Facecook in the hope of obtaining "Leicase"rangefinder camera. On 3 April 2021, Archie met his relatives in his cousin's birthday party. His auntie, Elaine told him that she had read his post in Facecook. "Wow! I love such kind of the vintage camera. Hey! I uploaded my selfie to your social media. Can I have the "Leicase" camera!" she said. "Sate! I promise to give you the vintage caniera." Archie forced a smile and responded to Elaine On 4 April 2021, Archie emailed Charlotte that payment could not be made by credit card. If she was still interested in it, she could send him an email for the order confirmation On 5 April 2021, Charlotte did not want to miss a chance to buy the rare "Leicase" camera so she sent an email to Archic and wrote "OK! I agree to buy it. Can I meet you and collect the camera at your shop on 6 April? Looking forward to hearing from you soon. On 7 April 2021, after a week, Diana sent an email to remind Archie that she uploaded her selfie to his Facecook and urged him to give her the camera and HKS1,000. Archie was puzzled as to whether he was under a contractual duty to give her the camera On 7 April 2021, Archic joined a monthly family gathering and met Elaine again. She asked him when she could get "Leicase" camera. He refused to give the camera to her and jokingly said that he made fun of her on 3 April 2021. Elaine was very angry and wanted to enforce his promise. On 7 April 2021, after a week, Diana sent an email to remind Archie that she uploaded her selfie to his Facecook and urged him to give her the camera and HK$1,000. Archie was puzzled as to whether he was under a contractual duty to give her the camera. On 7 April 2021, Archie joined a monthly family gathering and met Elaine again. She asked him when she could get Leicase" camera. He refused to give the camera to her and jokingly said that he made fun of her on 3 April 2021. Elaine was very angry and wanted to enforce his promise. Required: (a) Advise whether there is a valid contract between Archie and Charlotte on 1 April or 5 April. (10 marks) (b) Advise Diana as to whether she is entitled to have "Leicase" camera and HK$1,000. (17 marks) (c) Advise Elaine. (6 marks) Use case law and ordinance to support your answers. (Total: 33 marks) Question 2 Kate wants to open a flowery shop in a shopping mall and saw an advertisement as follows "Apple Mall is inviting you to join this unique Mall comprising of the latest ciertainment dining experience and S-star hotel like no other place! Contact our general manager, Vincent for details." Kate made an appointment with the general manager Vincent, to see if there is any unit that is suitable for her flowery shop. They met at Apple Mall which was still under construction and Vincent gladly showed the floor plan to Kate and said "You are very smart to consider Apple Mall - we are very popular and there's just shop left Kate told Vincent about her plan to run a flowery shop targeting at high-end customers, therefore she would only choose a mall that could offer that type of customers. Kate did not see any 5-star hotel on the floor plan and asked Vincent, whe replied that the name of the S-star hotel was a top secret and so could not be shown on the floor plan. In fact Vincent knew that the hotel with whom a tenancy agreement was signed by him representing the landlord that morning, was only a 2-star one. Vincent further said that he planned to invite 2 Michelin star restaurants to join Apple Mall in the near future. Kate thought that having a S-star hotel and 2 Michelin star restaurants in Apple Mall could easily attract those high-end customers and was very interested in taking up the only shop left. Yet she wanted to know if her flowery shop would be the only one at Apple Mall as she did not have the confidence to compete with another flowery shop in the same Mall. Vincent then diligently checked the floor plan and replied "Indeed - yours will be the only flowery shop in Apple Mall!" Kate was happy about what Vincent had told her and signed the tenancy agreement right away Three months later, when Apple Mall was about to open, Kafe discovered that the hotel was a 2-star one, there was no Michelin star restaurant, just 2 fast food restaurants, and that one of the shops was in fact let to a flowery shop - that tenancy was handled by Vincent's secretary who carelessly described that as "food shop on the floor plan which Vincent was holding on the day he met Kate Kate was very worried as she spent no less than HKSSOO,000 in designing and renovating the flowery shop. Even worse, When Kate visited Apple Mall there was some water on the floor and Kate slipped on the water. As a result, Kate had to stay in the hospital for three months and she failed to open her flowery shop on time. Not only she failed to earn the profits she expected to carn in these three months, she also had to cancel all her contracts with suppliers. When Kate sued Apple Mall for the loss she has suffered, Vincent pointed to the notice, which was posted at Apple Mall's customer service counter, and said. According to this notice, we are not responsible for any death, personal injury and property loss inside our Mall! (a) Advise Kate's rights and remedies against Apple Mall under contract law. Use case laws and ordinance to support your analysis. (18 marks) Advise Kate's rights and remedies against Apple Mall under boet of negligence Use case law and ordinance to support your analysis (1 mark) (Total: 33 marks) Question 3 Grace's birthday is coming soon and she would like to hold a birthday party in a hotel. She decided to hire a special ballroom together with swimming pool next to it in the hotel "The Love Hotel (The Love) for her birthday party. The ballroom is special for its unique decoration featuring many Minions, who are Grace's favourite. Marco, the manager of The Love, accepted Grace's booking for a hiring fee of HK$50,000. Grace paid a deposit of HKS10,000 The next day, Grace went to a Summer Sale at Daisy's shop. Her attention was drawn to a display of a smartphone, "Xphone 17". Above the display was a sign which read, slightly damaged goods. Daisy described the smartphone being made of Brium, which is a soft, silvery alkaline rare metal in the world. Grace would like to take some photos in her poolside party. When Grace asked Daisy whether the smartphone can take photos underwater, Daisy confirmed that the newly released Xphone 17 can take ploto anywhere in the world. Having carefully looked through this display of smartphone, Grace decided to purchase it because it was such a bargain. The price was reduced from HKS20,000 to HK$10,000. One week before the party was scheduled to be held, torrential main flooded The Love and half of the ballroom booked by Grace was damaged. Marco arranged a builder to restore the damaged ballroom to meet the schedule of the booking. After checking, the builder felt the ballroom was unsafe to be used unless restoration was made. He offered to finish the restoration to meet the booking schedule for a payment amount of HK$100,000. Marco felt this price was expensive but the builder stated that it would cost far less, only $30,000, if six-week time was allowed for the restoration. Marco felt that it is not worth the cost to rush to meet the scheduled booking as it would not be profitable. Marco lined to Grace the situation and offered to refund the HKS10.000 deposit paid by Grace. Grace refused to accept and insisted that Marco must provide the ballroom for holding her birthday party on the scheduled date. If not, she would sue Marco and the Love for breach of contract. As the party was likely to be cancelled, Grace decided to return the smartphone to Daisy's shop and argued that the smartphone was in breach of the sale of Goods Ordinance. (a) Marco seeks your advice whether he is entitled to cancel Grace's booking due to the accident. Explain your answer. (17 marks) If Grace would like to return the smartphone to Daisy, advise Grace if she has any rights and remedies under the sale of Goods Ordinance. (16 marks) Use case law and ordinance to support your answer. (Total: 33 marks)