Mr Barkov is a successful businessman operating in Auckland. He owns a boat building business called "Barkov's Boats" located at West-haven marina in the Auckland CBD and he also owns a retail store at the marina that sells boating supplies. Mr Barkov is well known for his "Foam Rider" speed boats. Mr Barkov is at his store when he receives a phone call from Roger who asks him if he has any Eagle Eye Marine Radar units for sale and if so at what price. Mr Barkov replies that he has one unit left and the price is $1500. He then adds that he wants to sell this stock quickly as it is the end of the line and he will sell it to Roger for $1000 and he will give Roger 24 hours to think about it. Mr Barkov then goes to the display shelf and changes the price of the Eagle Eye unit on the shelf from $1500 to $1000. A customer comes in and seeing the altered price offers Mr Barkov $900. Mr Barkov refuses. Two days later the same customer comes in, picks the unit off the shelf and takes it to the counter. He says to Mr Barkov. "All right then, I will give you 1000 dollars for it." At that point the phone rings. Mr Barkov answers to find that it is Roger who says "Ok, I'll take that unit for $1000". Mr Barkov is listening to the "Crazy Breakfast Show" on 96 FM Radio when he hears the announcer, Roy Rock, review the new "Avengers" movie. Roy tells the listeners that he is a big fan of the Avengers comics and he has all the series except Avengers # 1 which was published in 1963. Roy states: "I have in my wallet $8,000 in cash which I will pay to anyone who brings me an original Avengers # 1 comic book before the end of the show this morning." Mr Barkov is a keen collector of comic books and has an original Avengers # 1 comic. When he arrives at the radio station however Roy Rock tells Mr Barkov he was only promoting the movie and did not think anyone would take his offer seriously and he refuses to pay. As they are talking Lisa walks in with an Avengers #1 comic and hands it to Roy, saying, "where is my $8,000?" In May Mr Barkov is told of a caf for sale called "Morsels caf". The vendor of the caf (the vendor) tells Mr Barkov that this is a "fabulous opportunity to make money" with the vendor stating that the caf has had a monthly turnover of $20,000 for the last 12 months. Further-more the vendor states that "if Mr Barkov installs deep frying equipment to make a wider range of foods then turnover is bound to increase by $5,000 per week." Lastly Mr Barkov tells the vendor he is very concerned about competition in the area and the vendor tells Mr Barkov that he understands his concern and states "the good news is that the closest competition for the caf is over a kilometre away." Mr Barkov decides to buy the caf and enters into the contract for