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Billis a developer who was keen to buy particular land in the Glenhurst region. He contacted the Local Council and enquired whether the land would potentially be affected by any Council road-widening proposals in the next two years. A Council representative who was new to the job stated that there was no such proposals when in fact, there was one which would affect the above-mentionad land. Bill purchased the land only to discover there was a road-widening proposal which lowered the value of the property and prevented the proposed redevelopment, which incurred him further heavy losses Bill further came across publicly exhibited plans for redevelopment of a separate inner-city area (Masiville) as a new office district, which were exhibited by the State Planning Authority. No feasibility study was attached to the plans. He subsequently purchased land in the Masiville area relying on these plans, which were ultimately abandoned three years later. Bill suffered heavy losses as he could not develop the land as he had hoped Advise Bill whether they are likely to succeed in litigation against 1) local council and 2) the State Planning authority under Tort Law of Negligent misstatement. Use case law and legal principles discussed in class content in your answer. Use IRAC to answer. David has set up a recreational playcentre which caters for children to use trampolines and various play equipment. He has leased a suitable location and begins to fit out the premises. He buys $200,000 worth of gym mats from Gym Matz Pty Ltd. The mats are described as 'industrial quality' and 'designed for long lasting use David opens the business and is regularly fully-booked, with up to 200 customers each weekend. A few months after the business is opened, David notices that many of the mats are worn out or damaged, resulting from the heavy foot traffic. It turns out that there were almost 3 injuries a week associated with slipping on the mat. He contacts an employee of Gym Matz Pty Ltd named lan, and demands that the mats be replaced or that he get a refund. lan refuses, saying that the damage is a result of wear and tear and points out a clause in the contract David has signed that states: 'Federal Tiles assumes no responsibility or liability regarding the fitness of the supplied mats for any purpose On the premises as well, is a caf selling coffee and pastries to patrons of the playcentre. The caf earns substantial revenue throughout the year, and especially during school holiday periods. The pastries have been described as freshly baked', although in reality, the dough used for the pastries was made in Europe and shipped to Australia only to be baked almost 3 weeks after the dough is made. Further, the caf claims that these pastries are made using purely 'organic' ingredients which are certified five stars by the 'Health Foundation\" as being healthy due to having low fat and sugar. In fact, the ingredients are not organic, have a high fat and sugar content and no such authority as the Health Foundation exists. These pastries are in turn supplied in bulk for wvarious party functions held at the play centre. A number of customers have now discovered the truth of the nature of the pastries being sold Please answer the below answers, based on the above facts (Use IRAC to answer): of 'consumer' under the Australian Consumer Law (ACL), whether any of the consumer guarantees have been breached and if so, what remedies he is entitled to. (5 marks) 1. Advise David whether he satisfies the defi 2. Advise whether the caf has engaged in any prohibited conduct under the ACL. (5 marks) Mark runs a very successful caf selling Malaysian food and has taken some time off work during the Christmas period to spend some time with his family. He has decided to visit a lake at his local National Park, which is a popular spot for water sl swimming and boating activities. The National Park is managed by the Marra Marra Council (hereafter Council). There has been recent restoration works of the lake done by the Council which had to temporarily pause due to a labour shortage. As a result, parts of the lake were shallow while other parts were deep. Further, due to dredging done as part of the restoration works in the lake, there were rocks which had been displaced from the Deep Water section into other sections of the lake The Council had erected a sign next to the deep water section, indicating 'Lake restoration works in progress in this area. Displaced rocks. Visttors beware. Thomas, Mark's 16 year old son. an inexperienced water skier, upon reading the sign, was under the impression that the section of the lake in the far right hand corner, was not affected by displaced rocks. He believed this to be true especially since he did not see any signage in the far right hand corner of the lake where he intended to ski In fact, the water in the far right corner of the lake was also littered with displaced rocks due to strong water currents which had transported some of these displaced rocks further away from the sign into the far right hand corner of the lake. While skiing, his skis hit a large displaced rock causing him to lose his balance from his skis and suffer head injuries when his head hit a sharp rock in the water. Meanwhile, Mark had decided to have a couple of alcohalic drinks before boating in the deep water section of the lake. The boats were hired from Boating Needs Pty Ltd (hereafter Boating Needs), a boating hire out service next fo the lake. He decided to let loose after a long year and exceeded the usual safe boating speed limits marked on the signs around the lake. Visibility was poorer than usual. However, Mark was not keeping a good leokout and collided into another boat which had broken down a few days earlier and had been left to the side of the lake. Boating Needs had been advised previously of the near-miss accidents that other boats had with the broken-down boat in the past few wesks, especially when visibility was poor. Boating Needs howaver took no action to address this risk Advise using the IRAC format, as to the legal position of Mark and Thomas under the Tort of Negligence. In your answer, please discuss the elements as well as potential defences for each of them