1-To stimulate sales, Sam advertised a 50% discount for the first three customers in his showroom the following day. Tess waited outside Sam's premises overnight and was the first customer. When negotiations were being finalised, Sam told Tess that the discount was not available. Does Tess have any rights? Please discuss.

2- Hal visited Imamax's website, read about its new software package and decided to buy it. He completed the website's e-order form at the bottom of which, in large capital letters were the words: "IMPORTANT. READ THE FOLLOWING TERMS AND CONDITIONS BEFORE SUBMITTING YOUR ORDER. SUBMISSION OF AN ORDER INDICATES YOU ACCEPT THEM. IF YOU DO NOT AGREE EXIT NOW". Clause 6 read: "Imamax Ltd is not responsible for any loss, damage or injury caused through use of its products irrespective of how that loss, damage or injury occurs". Hal did not read the terms and clicked the "Agree and Submit" button below them (instead of the "Disagree and Exit" button) to submit his order and download the software. The software contained a virus that destroyed Hal's hard drive. a) What is the typical name given to a clause such as clause 6? Provide 2 examples of places where this type of clause is used that you have seen or are aware of and do you think they were legally effective (explain, why/why not) (6 marks) b) What is the purpose of clause 6? In other words, what is it trying to achieve? (3 marks) c) Does Clause 6 affect Hal's prospects of recovering under common law? Explain d) What prospects of recovering would Hal have under statute? Which statute and sections do you think would be applicable and why?

3- Mike enters into a contract with his tax accountant, Andrew, to prepare his business tax return within four weeks of the end of the tax year. The contract provides that Andrew is to receive $1,500 for his work and specifies that "time is of the essence". Three weeks after the end of the tax year, Andrew calls Mike saying that there may be delays in processing the tax return. He demands an extra $500 to make sure that the return is finished on time. Mike is hesitant but agrees. The tax return is finished on time and Mike receives his tax refund. He sends Andrew a cheque for $1,500. Andrew rings Mike to remind him about the extra $500 'as agreed' and says that if Mike refuses to pay, he will take legal action. Can Andrew insist on the $500? Please explain. Question Four (15 marks) Being a full time university student Brad doesn't have much money. His father owns a restaurant and is often in need of kitchen hands and waiters. Brad and his father come to a deal over dinner one evening in which Brad will help out at the restaurant from time to time when required during really busy periods at the rate of $20 per hour. Brad does not put his name on the restaurant's payroll or get a tax file number. One night when Brad is busy studying for his exams, his father calls him and tells him to help out at the restaurant. Brad refuses and his father wants to call the whole deal off. Does Brad have any legal rights against his father? Please explain.