Mary owns and runs a cupcake shop, and often sources ingredients from a business called Five Stars Flour.

One day, she calls Five Stars Flour to ask about their almond flour. She speaks with Richard:

'Lots of my clients request gluten-free cupcakes', says Mary. 'Is your almond flour gluten-free?'

'Yes, of course,' Richard replies.

Mary agrees to order 50 kilograms of almond flour, and shortly after the conversation, Richard emails her an online order form with the type and amount of flour already entered. Mary fills out the rest of the online order form and submits it. The order form did not mention anything about the almond flour being glutenfree.

Mary uses the almond flour to bake cupcakes for the engagement party of Danny and Janet. Danny, who has coeliac disease, has a severe reaction to the cupcakes. It turns out that the almond flour used in the cupcakes was not gluten-free, as it had been processed and packaged with machinery also used for wheat flour.

Danny and Janet had not specifically requested gluten-free cupcakes when dealing with Mary, but they had

asked for almond flour. They now want to sue her for breach of contract.

1. Was it a term of the contract between Mary and Five Stars Flour that the almond flour would be gluten free? (5 marks)

2. Was there an implied term in Danny and Janet's contract with Mary, that their engagement party cupcakes would be gluten-free? (6 marks)