Jason had been at a work Christmas party and he had drunk 8 beers. He decided to

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Question:

Jason had been at a work Christmas party and he had drunk 8 beers. He decided to drive home as it was raining heavily outside. Kylie was also at the Christmas party and saw that Jason was having a good time and a little drunk. Jason lived in the same suburb as Kylie. As it was raining heavily Kylie asked Jason if she could get a lift home. Jason smelled of alcohol and started driving erratically on the way home. He lost control of the car on a corner and crashed into a tree injuring himself and Kylie.

a) Does Jason owe Kylie a Duty of care?

b) Has Jason breached his duty of care?

c) Are there any defences Jason can raise in the matter to reduce or limit Kylie's claim?

d) If another driver had forced Jason off the road as he/she was on the incorrect side of the road would that alter your answer and how?

Question 2

Victor buys a hover board from Clever Hovers Pty Ltd based in Australia. One night when Victor is charging the battery of the hover board a fire starts as a result of the battery getting too hot. The fire destroys the hover board and all Victor's furniture. Advise Victor

a) What provisions of the Australian Consumer law would be best used to claim damages?

b) Why is using the ACL a better legal remedy than suing for negligent manufacture?

c) Are there any cases that assist your arguments?

d) If only the battery didn't charge properly, what would be the most relevant provisions of the ACL that Victor could use to get a replacement Battery?

Question 3

Fizzy Mineral Water Pty Ltd" manufactures bubbly mineral water. They have a contract with Jamison'sBottle tops to supply all the lids to the bottles. A batch of the lids has a fault in the thread of the lids allowing air to enter the bottle of mineral water and causing the mineral water to lack any bubbles.

a) What provisions of the AustralianConsumer law could Fizzy mineral water use in an action against Jamison'sbottle tops?

b) Are there any cases that assist your argument?

c) If the tops were not faulty and yet Fizzy mineral water advertised as lightly sparkling but there were no bubbles what provisions of the Australian Consumer law could the Australian Competition and Consumer Commission seek to rely on?

d) Are there any cases that are similar?

Question4

In a negligence action which are the most important defences that are likely to be used by the lawyer for the defendant and what is the outcome with each defence if used successfully?

Question 5

How does the law treat a "restraint of trade clause"?

Question 6

Vince owns a farm and has had fuel stolen from the property on several occasions during the night. He decides to stay awake one night to catch the thieves. When the car arrives the driver, Jed has the intention of stealing some fuel. Vince throws a large rock that breaks the passenger side window of the thieves' car and hits the head of the passenger Sue, who was lying asleep on the front seat. Sue suffers a severe head injury. Sue did not know that Jed was intending to steal petrol.

a) Does Vince owe a duty of care to Sue and if so why?

b) If Vince does owe a duty of care has he breached his duty?

c) Are there any defences to reduce Sue's claim?

d) Are there any similar cases that assist your arguments?

e) If Jed had also been injured would he have a claim against Vince?

Question 7

Ned has just opened a barber shop in North Sydney and advertised on his website that he would provide an "opening special" of a full haircut and beard trim for $5 to the first 10 callers who rang the Barber's number. Cam lives In Wollongong 80km south of Sydney but thought that this opening deal was very good and worth the trip down to North Sydney some 80km. BBC131 He rang and said I am interested in your advertisement on your website and wish to make an appointment if I am one of the first 10. Ned told Cam he was one of the first 10 and booked an appointment for the following Tuesday. He would be the first person to have an appointment under this opening deal. Cam travelled to North Sydney from Wollongong and following his haircut and beard trim handed over a $5 note. Ned then realised that he had made a mistake and told Cam that it should have read $25 not $5 on the website. Ned told Cam "that was a big discount anyway, as it normally costs $65 for a haircut and beard trim" Cam was furious and refused to pay the extra $20. Advise Ned

a) Can he sue Cam for the $20 as a mistake had occurred?

b) What cases would you use to argue on behalf of Ned?

c) What if Ned told Cam that he had made a mistake before the haircut and beard trim occurred and he refused to cut his hair at all?

d) If Ned had an accident on the weekend before the haircut and trim which injured his hand so that he could no longer cut hair would the contract still be enforceable?