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Question 1 (20 Marks) Kim is a chef working in Wong's Kitchen, a famous restaurant in the city. One day the kitchen experiences a major spill of a large pot of tofu stew. The floor becomes very slippery and wet. The owner, Wong, instructs all her employees to be careful while working in the kitchen. Wong also provides her employees with anti-slip shoes. Meanwhile, the kitchen is washed clean. Despite every effort the kitchen remains slippery. Kim is upset about the whole incident and insists that Wong closes the kitchen in order to avoid any mishaps. Kim in his hurry to finish what he was cooking slips and breaks his leg. Despite having been given a pair of anti-slip shoes, Kim did not wear them as he claimed that they were uncomfortable and restricted his movement. He suffers pain and is hospitalized for 5 days incurring medical expenses amounting to $10,000. Kim intends to sue Wong for her negligence and for causing injury to him. (a) Discuss whether Wong owes a duty of care to Kim. Discuss the requirements legally required to establish a duty of care. (10 marks) (b) Discuss whether Wong has breached her duty of care, applying the standard of care tests. (5 marks) (c) Are there any defences available to Wong against the claim of Kim? What damages can Kim claim and will he be successful in obtaining those damages? (5 marks)Question 2 (20 marks) Explain the difference between Property and Intellectual Property (IP). Describe the different categories of IP.Question 3 (20 marks) (Answer all parts of this question) Pan grows vegetables, which he sells at the local farmers' market. He has recently expanded his small business to include growing and selling flowers. His first customer is a local florist called Jan. After a lengthy telephone conversation, Pan and Jan agree that Pan will provide to Jan 200 bunches of red roses. These are to be delivered to the rear entrance of Jan's shop on 13 February. On 13 February Pan is having a busy day. He confuses his orders and delivers 200 bunches of white lilies to Jan's shop. Because he is rushed, he delivers the flowers to the side entrance instead of the rear entrance. When Jan discovers the flowers she is horrified. Tomorrow (Valentine's Day) is her biggest day of the year and she will not be able to fulfil her orders. On 14 February Jan receives 100 complaints from angry customers who did not receive their red roses. Jan's reputation has suffered as a result of her failure to meet her orders and she believes this will affect the future of her business. (a) Briefly explain why there appears to be a contract between Pan and Jan. (4 marks) (b) Are the statements made by Pan that he will provide Jan with 200 bunches of red roses and that he will deliver them to the rear entrance of the shop terms of the contract? Give reasons for your answer and explain the test that the court would use to make such a determination. (5 marks) (c) On the basis that the statements referred to in (b) above are terms of the contract, indicate what type of terms they are. Give reasons for your answer. (5 marks) (d) Explain what remedies are available to Jan if it can be shown that the terms of the contract have been breached by Pan. (3 Marks) (e) Can Jan claim damages for the loss to her reputation caused by Pan's breach of contract? Give reasons for your answer. (3 Marks)Question 4 (20marks) Explain the concepts of misrepresentation, mistake, duress, undue influence and unconscionablety. What remedies are available to a party claiming under one of these causes of action? Question 5 (20 Marks) Elvira owns a fashion shop on Orchard Road in Singapore selling expensive women's and men's clothing. In 2020, she decides to export so-called "Elephant Leather pants ('EL pants') from a supplier in Los Angeles. The name 'Elephant Leather' refers to the fact that the pants have the look and texture of elephant hide. They are not made from elephant hide: they are manufactured in the United States from a synthetic material. The contract between Elvira and the supplier Winston states that the applicable law for determining any disputes under the contract will be that of the Republic of Singapore. The forum for disputes will also be Singapore. When a shipment of the EL Pants arrives in Singapore it is examined by Singapore Customs officers who are concerned about references in the accompanying documentation to 'elephant leather'. The officers decide that the pants are made of elephant leather. Singapore law requires that any product made from any protected animal species - including African elephants - must be impounded by Customs and subsequently destroyed. a) Winston is likely to succeed in his claim for damages? (10 marks) b) Any doctrine of contract law can be relied upon by Elvira to enable to avoid liability for alleged breach of contract? (5 marks) c) Whether Elvira can make a claim against Customs for breach of contract (and whether Customs is also entitled to rely a contract law doctrine to avoid liability)? (5 marks)Question 6 (21 Jill is in the process of selling her handbag business and the freehold building that she operates from in the city. The person buying the business and the building intends to continue with operating the handbag business. The shop is very well decorated and it contains many items that are personal to Jill. She wants to know if she can take the following items with her before she hands over the keys to the shop: . A special counter at the back of the shop which is made of rosewood with pearl inlaid designs. The counter is fixed to the floor by four large bolts. If the counter is removed it will leave four holes in the floor; . A painting of her mother designing hand bags that was painted by a famous artist and is worth $50,000. The painting is attached to the wall by a picture hook; * A statue of a half dragon and half lion made from solid silver that has been secured by a large screw to a special stand that is attached to the floor by even larger screws so that it cannot be stolen. The statue is valued at $150,000; . Special silk curtains that were made specially for the front windows of the shop so that handbags can be displayed in the best light possible; . A machine that repairs the leather in handbags that have been damaged. The machine is very heavy and is bolted to the concrete floor by 4 very large bolts. a) Explain the difference between a fixture and a chattel and the tests employed to determine whether an item is a chattel or a fixture. (7.5 marks) b) Using those tests, which you have identified in (a), explain whether each of the items listed above would be a fixture or a chattel. (7.5 marks) c) Would your answer be different if the statue was not fixed by screws to the stand and floor? Would your answer differ if the painting was screwed to the wall? (5 marks)Question 7 (20marks) Chew is a horse racing fan and tells Lim, the manager of his construction company, to attend an auction and bid on his behalf for the horse, Hannibal. He told him to spend "not a cent more than $100,000' on the horse. Lim bids $100,000 but with the auctioneer's commission and GST he receives an invoice for $120,000. Lim is himself very knowledgeable about horse breeding and he thinks that Hannibal could be sold for $150,000. In anticipation of Chew's rejection of the horse, Lim starts negotiations with a buyer willing to pay him $150,000 for Hannibal. Advise Lim as to his legal rights and duties and how he should deal with the matter