Jack and Anita have been dating for two months. Jack wants to take Anita to Adelaide to introduce her to his parents. Jack has been planning this weekend for months. He plans to propose to Anita. Jack is from a wealthy family and his father is flying back in from Tokyo for he proposal.

Jack has the four day trip planned out. They will take a private jet to Adelaide and will spend four days at the luxurious Hollow Pines Inn in the Adelaide Hills, near Stirling where Jack's parents live. On the night they arrive, Jack plans to have a nice quiet dinner with Anita. The following day they will spend with his parents and he will propose and they following two days will be filled with romantic activities including horseback riding, private winery tours, cooking classes all the things that Anita loves to do.

The first thing Jack does is ring SnowCap and private charter company. Jack talks to a gentleman called Russel on the phone. Russel takes the booking and ensures Jack that they offer a one of a kind luxury experience, in a beautiful sleek plain with beige leather seating and mahagony finishes. He also call Hollow Pines and books the suite for the four nights with a degustation menu to be served to them on the terrace.

When Jack and Anita arrive at the airport they are very surprised when they are escorted to a dumpy run down old plane. A man, presumedly the pilot greets them and introduces himself as Russel. They are four other couples waiting to get onto the plane

Jack is not very happy. He tells Russel that he books private plane, a luxurious private plane. Russel nods, "Yep mate, we are a private charter company, private plane right here, not public."

Jack frowns, "That is not the plane you advertised."

"Sure it is" says Russel opening the door, "look beige leather seats, mahogany finishes, just like I said."

Jack looks around, the seats are more grey than beige they are that old, it is hard to tell with all the rips and tears in them. Jack is afraid it may not get off the ground.

But since he already paid a 50% deposit, with the other 50% due upon landing, they climb in.

About five minutes before takeoff, Russel comes into the cabin and tells Anita to stand up and go sit on the other side of the plane. When Jack asks why, he says she is too heavy and throws the plane out of balance. Anita immediately bursts into tears, sensitive about her weight. When Jack wants to move with Anita, Russel says that this policy is in place for safety of all passengers and that passengers will to get to choose where they sit. no. When Jack disputes this, Russel tells him that the airline if free to make a seating policy and it was all in the contract. When Jack says that they would like to get off the plane, Russel says that the door is sealed and they are no longer able to get off the plane.

When finally they touch down in Adelaide, Jack is fuming. He is annoyed with the plane, the cramped anything but luxury experience and the way in which Anita has been treated. Jack refuses to pay the remaining 50% of the charter fee.

1. Jack would like to know if he has any grounds in which to bring a claim against SnowCap limited. (15 marks)
2. Explain the difference between a private and public carrier (5 marks)

When Jack refuses to pay the remaining 50% of the charter fee, the pilot Russel, refuses to give Anita and Jack their luggage. He claims that if they don't pay the fees he is legally able to keep their luggage

c) Jack would like to know whether the pilot can keep their luggage if he refuses to pay for the services (5 marks)

Jack eventually pays the remaining 50% of the fee as the ring is in the luggage and he cannot propose with out. The pilot then rudely tosses their luggage down to the tarmac where it land on Anita's foot. The luggage splits open and Anita's things spill all over the tarmac and blow away. She then has to limp to the terminal

d) Jack would like to know whether pilot was duty bound to treat their luggage with care (5 marks)

When Jack and Anita arrive at Hollow Pine they are shown up to their room and every seems to be going perfectly. The room is gorgeous, the view to die for and the Anita is very happy with the flowers, champagne and macaroons Jack had arranged for it. The dinner by the private chef was amazing. It all seems perfect, at least it seems perfect until the middle of the night when both Jack and Anita woke up feeling extreme nauseas and feverish. A local doctor was called and it turned out that both has had severe food poisoning.

Jack later discovered that the boiler in the kitchen had exploded the previous day, the head chef and food safety supervisor were both injured in the accident and not present. As a result, there was no water running in the kitchen, no washing facilities and food had become cross contaminated with Salmonella from raw chicken.

Jack tried to complain to the manger on duty, a Mr Weavel. Mr Weavel is very apologetic that both Jack and Anita feel sick but insists that they must have gotten sick from something they ate on the plane and not at his restaurant. Jack tried to argue but was overcome with a wave on nausea and went back to his room.

e) Jack is very upset that they have both suffered food poisoning and would like to sue the Pines Hollow Inn for negligence. Jack would also like to know whether the Pines Hollow Inn has followed the food and safety procedures. Advise Jack. (20 marks)