use case law and statute for the answer and describe the issue, offer, application and conclusion.

Question 5 (12 marks): You must answer both part (a) and part(b). Bec made a contract to purchase Jule's car. Bec paid a deposit of $1,000 with payment of the balance of the purchase price to take place on 11 May at 10.00 am. On 8 May, Bec lost her driver's licence due to accumulated loss of points. (a) Could Bec terminate the contract and recover the deposit, since she was not permitted to drive the car on 11 May? Why/Why not? (6 marks) (b) Since Bec could not drive for a while, she went on a 21-day holiday cruise. She paid for it in advance. A term of the contract provided that passengers would experience an enjoyable and relaxing holiday. Fifteen days into the cruise, the ship hit a rock and sank. Bec lost all her belongings and was extremely disappointed that the cruise turned out to be such a disaster. Advise Bec if she would succeed in claiming for damages. (6 marks) Question 6 (12 marks): You must answer both part (a) and part(b). Paul regularly engages Mike to mow his lawn. One day, Mike parks his truck in the driveway in front of Paul's double garage, which as usual is closed and locked while Paulis at work While Mike is mowing the lawn at the back of the house, a sudden hailstorm causes damage to Mike's truck. Mike insists that Paul compensates him for the damage to the truck, since it occurred while Mike was on Paul's property, and would not have happened if Paul had left the garage door open for him. (a) Assume that Paul owes Mike a duty of care. Did Paul breach that duty of care? Why/Why not? (YOU NEED NOT DISCUSS CAUSATION AND DEFENCES.) (8 marks) (b) Since Mike's truck is in the workshop for repair, he accepts a lift from his nephew, Sam, to go to a party. Sam has had his licence for only two weeks. On the way, it started raining heavily and Sam appears to have trouble keeping his vehicle on the road. Mike asks Sam to slow down, but he continues driving at the speed limit. Shortly afterwards, Sam loses control of the vehicle and hits a tree. Both Mike and Sam are injured. Mike sues Sam in the tort of negligence. Can Sam rely on the defence of contributory negligence? Why/Why not? (4 marks) Please use case law and statute to support your answers