Question
Darryl and Julia areboth passionate chess players. They meet for the first time at a chess tournament.After a short discussion about their passion for the
Darryl and Julia areboth passionate chess players. They meet for the first time at a chess tournament.After a short discussion about their passion for the game of chess, they decide they should open a chess storetogether selling exotic chess products to other likeminded chess fanatics. Unfortunately, neither Darryl nor Julia have enough money. Julias friend, Otis, has told Julia he has saved some money and is looking to invest it in a business. Julia and Darryl approach Otis and pitch their business idea (opening of achess store). Otisis blown away by this novel idea and by the pairs enthusiasm for this new business and agrees to invest $100,000. The three agree that Otis will not receive any interest on his investment, but will get 50 per cent of the net profits generated by the business.Darryl is given the responsibility of finding a suitable location for the business. He finds a store in a Sydney arcade and promptly enters into a lease. As Juliais out of town, Darryl sighs the lease inhis name. He then engages a firm of shopfit out specialists(store designer)to fit out the store.When Julia returns, she is told about the new premises and takes her best friend Glenda to view the leased store. When they enter the store, Glenda tripsover a broom that wasleft lyingon thefloor. Glenda severelyinjures her leg and requires ongoing medical treatmentand regular visits to a physiotherapist. Julia is unimpressed by the store leased by Darryl. Julia does not like the location and considers the lease repayments too expensive.Julia tells Darryl that the whole chess store idea just wont work, and she has no interest in pursuing the business venture any further.
Who is liable for the lease obligations, the store designers fees and Glendas injuries (and associated medical expenses)?
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