2. Case discussion The Smiths want to hold a party in a marquee to be erected in their garden. After contracting a number of companies, they decide to sign a contract with Christent Ltd for the supply and erection of a marquee. It is agreed that for a sum of HK$20,000 the marquee will be erected by Friday evening, so as to allow for decoration by the Smiths in time for the party on Saturday. The marquee will be dismantled and removed by Christent Lid on Sunday. As part of the agreement Christent Ltd will also supply 30 tables and 100 chairs. The contract which the Smiths sign is a standard form produced by Christent Lid, which includes the following terms: Clause 5: The contractor accepts no liability for damage to trees, garden ornaments, walls and other garden features, howsoever caused. Clause 9: The contractor accepts no liability for harm or injury to the consumer, his family or his guests, howsoever caused. On the day to erect the marquee, the Christent van driver, who is delivering the marquee, approaches the Smiths' Lawn too fast and skids into a greenhouse, destroying it. While Mr. Smith complains to the Christent foreman of the destroyed greenhouse, he is hit by a tent pole thrown by a Christent worker. Advise Mr. Smith of his legal position. Part II: Draft your solution [The following steps for solution drafting are of suggestion nature only.] Step 1: Identify the issue(s) involved Issue 1: Issue 2: Step 2: Regarding the legal effect of Clause 5, what legal points you would like to address? Step 3: Regarding the legal effect of Clause 9, what legal points you would like to address? Step 4: Any critical comment on or evaluation of the rules you discussed or applied? (your critical observation of the current law) Step 5: Wrap up your conclusion2. Case discussion Larry is playing with his friend, Jacky in a Garden where people can enjoy cycling. There is a path particularly for the cyclists called \"cyclist pa ". However, Larry and Jacky want to play roller in the cyclist path. Jacky suddenly rushes to the cyclist path on his roller at high speed when Anne, a cyclist on the cyclist path, is unable to stop and thus hurts Jacky with her bicycle. Afterwards, Lany, on his roller, steps out two paces onto the cyclist path and is rolling a few meters on the cyclist path with his back to another cyclist, Tom. Given that the cyclist path is long and straight, Tom does not stop his cycling when Larry is in front of him and hurts Larry's back. Advise Jacky and Larry of their legal position respectively. Wilden [The following steps for solution drafting are of suggestion nature only] Step 1: Identify tlte issuefs) involved Issue 1: Issue 2: Step 2: Regarding Anne's liability, wltat legal points you would like to address? Step 3.- Regarding Tom 3' liability, wltat legal points you would like to address? Step 4.- Any critical comment on or evaluation of the rules you discussed or applied? (your critical observation of the current law) Step 5: Wrap up your conclusion