Question 1 Tom was riding his bike on a bike track next to a grassed area at

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Question 1 Tom was riding his bike on a bike track next to a grassed area at a park owned by Ashfield council. Bill was kicking a soccer ball on the grassed area and kicked the ball with force towards Tom which caused Tom to fall off his bike and get a cut on the top of his head. Tom had forgotten to wear his helmet. Ashfield council was responsible for the park and bike track.

a) Does Bill owe Tom a duty of care? Explain the law regarding Duty of care.

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

c) Are there any defenses for Bill to reduce Tom's claim for negligence?

d) Has the Ashfield council breached their duty of care? What measures could the Council take in order to limit their liability?

Question 2

Jay works as an accountant for an accounting firm (Nimble Numbers Pty Ltd) and signed an employment agreement which had a clause which stated the following; 'the employee shall not work as an accountant, financial adviser or auditor within 30km of Nimble Numbers Pty Ltd for a period of three years should he leave the employ of Nimble Numbers.' Jay wishes to work from home as an accountant which is only 10 km from Nimble number's office. Advise Jay;

a) If the clause is enforceable by Nimble Numbers Pty Ltd?

b) What factors would a court look at to determine the enforceability of the clause?

c) Would your answer differ if Jay had received legal advice regarding the clause prior to signing the agreement?

Question 3

"Thor" Pty Ltd sells a deodorant for males called "Magnetism". In its advertising the company states that "Magnetism will definitely improve your chances with the ladies" Luke has not had any luck getting girlfriends since using the product. He has bought over a dozen cans of the deodorant over the last 12 months. Unfortunately, he also has not had any dates.

a) Does Luke have a claim under the ACL?

b) What provisions of the ACL could be used by Luke?

c) What if the deodorant failed to prevent any sweating at all, could Luke get a refund for the 12 cans that he has bought? What sections of the ACL could he use?

d) Are there any cases that might assist your arguments before a court?

Question 4

Shane purchased a small house on the South Coast near Kiama. Prior to his purchase he sent an email to the council and asked whether there were any road widening proposals in the vicinity of his house that would affect his local roads. A junior employee was given the task of replying to the email. She replied and said, "there are currently no proposals regarding any road widening in the area you have indicated". She had checked with a junior planner in the planning department. In fact, the State Government had sent a draft proposal two months earlier to the Director for Planning at the Council for a bypass that will go straight past Shane's house. Shane seeks your advice.

a) Does Shane have a remedy in tort law and if so, what cause of action would he have?

b) What cases would assist Steve in this situation?

c) Would provisions of the ACL apply in this case? Give your reasons either why or why not?

Question 5

Sylvia is an ex-model and writes a column every two weeks for an online magazine called "Stay in shape" She has a contract for three years. One of the terms of her contract is that her column will be the first story listed in each edition. All of Sylvia's stories are to include a photo of her when she was modelling. The editor of the online magazine had an exclusive interview with Nicole Kidman, an Australian actress based in Hollywood. Sylvia's column was moved to number three to make room for the interview with Nicole Kidman. There also was a recent photo of Sylvia rather than the younger photo that had been agreed. When Sylvia saw the published edition, she was incensed and complained that "Stay in Shape" had breached her contract and she was now going to write for another online magazine called "50 is the next 40". The CEO of "Stay in Shape" magazine seeks your advice as to whether Sylvia can terminate the contract as he would like to retain Sylvia's services.

a) Has there been a breach of the contract by "Stay in Shape"?

b) Does the breach allow Sylvia to terminate the contract and move to the other online magazine?

c) Are there any similar cases that assist you in advising "Stay in Shape"?

d) If just the recent photo was placed in the column instead of the younger photo and the article was listed at number one could Sylvia terminate the contract?

e) If she cannot terminate the contract what other remedies could Sylvia seek?

Question 6

Jane goes to see a plastic surgeon, Dr Emanuel, to have her double chin altered. She says to Dr Emanuel "I wish to look like I only have one chin" Dr Emanuel agrees that he can operate to achieve that result. The patient agreement states that "Dr Emanuel will not be liable for any failure and/ or negligence on his part that might occur during the plastic surgery procedure" Jane signs this agreement. During the procedure the knife slips and Jane is left with a permanent scar. Also, her chin, although reduced, still has a double chin appearance. Advise Jane

a) What remedy in law could Jane pursue regarding the scar?

b) Would the exclusion clause have any affect? If so, why? If not, why?

c) What legal provisions could Jane use for the failure to fix her chin?

d) Are there any cases that assist your answer?

Question 7

Venusbatt Pty Ltd sells batteries on a website that can be used for generating electric power when camping. They have offices in the United States and Australia. Harry from Canada moves to Australia and buys a Venusbatt battery online through the US website when he is at an internet caf in Sydney. He receives the battery at a friend's address in Sydney and then heads off for a three-month tour around Australia. While he is camping in the second week of his trip the battery overheats starting a fire which destroys his vehicle.

a) Are there any provisions of the ACL that Harry could use to recover compensation for the damage to his vehicle?

b) Are there any similar cases to assist your argument?

c) To get a replacement battery what sections of the ACL could Harry rely on?

d) If Harry was returning to Canada rather than becoming a resident in Australia, what location would the contract to purchase the Venusbatt battery be, according to provisions of the Electronic Transactions amendment Act 2011?

Question 8

Explain your understanding of conflict of interests and what sections of the Corporations Law deal with conflicts of interest? Refer to cases that illustrate conflicts of interest.