FACTS:

Andrew is very excited about his upcoming 80th birthday party. He is particularly excited as he has arranged for a boat party with What-A-View Cruises. According to What-A-View Cruises' advertisements, highlights of their cruises include 360-degree uninterrupted close views of the Sydney Harbour Bridge and the iconic Opera House. They go on to say: 'Enjoy plenty of photo opportunities of the Sydney Harbour Bridge and Opera House'. Andrew has not been for a harbour cruise since his university days, and has fond memories of these cruises, and hence his excitement. In booking the cruise by telephone, Andrew communicates his excitement to the staff member taking the booking and tells her how he cannot wait to snap photographs with his family, with the Sydney Harbour Bridge and Opera House backdrop, and to compile these photos into a slide show for the whole family to enjoy in the future. The staff member comments: 'yes, it is all very picturesque. On the day of the cruise, Andrew is heartbroken. The cruise was very distant from the Sydney Harbour Bridge and the Opera House. He could only see very far glimpses of both, if at all. Both landmarks were definitely not apparent in the photographs taken, given how far they were. Use legislation (and any relevant case law) to answer question 1. Do not use common law and/or equitable principles.

1. Did What-A-View Cruises breach section 18 of the Australian Consumer Law?

Anna is a fashion designer - she owns and runs a business in Melbourne, making and selling face masks. she enters a contract with Joseph, who owns and manages a factory selling fabrics. Anna explains that she supplies face masks to the top youth brands in Australia, and as such her business relies exclusively on quality denim fabric. Joseph advises that he can provide Anna with a steady supply of denim fabric. He agrees to provide her with denim fabric periodically, as required. Anna agrees to pay the total amount payable, upon each delivery. This arrangement goes smoothly until May, when an explosion from a gas leak causes damage to the factory, including the machines, and Joseph advises Anna the week before the next delivery is due, that he can no longer provide the fabric to her. Use only common law and/or equitable principles to answer questions 2, 3, 4 and 5. Do not use legislation.

2. Joseph argues that the contract has been frustrated under common law and that he no longer has any obligations to Anna. Is he correct?

Fortino's is an online speciality cake store. George, an experienced driver, is employed by Fortino's to deliver orders to its customers. He has an impeccable driving record. One day, whilst on his way to complete a delivery, George receives a video call, so he tries to answer the call whilst driving. Mary, who is riding her motorbike in the adjacent lane but was busy looking at the beautiful birds on top of the trees, veers from her lane to George's lane. Despite the fact that George was driving at the speed limit, and applied the brakes immediately, he was still unable to avoid hitting Mary. George was busy trying to answer the video call and did not see Mary veering into his lane. As a result, Mary's motorbike is destroyed, and she sustains multiple arms and leg injuries including fractured arms and legs. Mary wants to sue George, as she claims he was driving negligently.

3. Can Mary successfully sue George in negligence, to claim damages for her injuries and destroyed motorbike?

4. Are there any defences available to George?

5. Assuming that Mary can successfully sue George, could Fortino's be vicariously liable for George's negligence?