Orange Pages is an online searchable directory of local businesses, set up by the Victorian Government. Anna runs a family portrait photography business called "Photogenic Faces". She relies on a number of avenues for marketing her business online. Her business has been listed in Orange Pages for several years. One day the Orange Pages team are moving data across to a new system. One team member, Tina, makes a small error. As a result, Anna's business is accidentally listed as "Photogenic Faeces". People become reluctant to contact the business for their family portraits. Within a few weeks Anna notices that she has less than usual customers contacting the business. She doesn't think to check her Orange Pages listing because it has been operating successfully for so long. It is only three months later, when Anna receives a regular analytics report from her employee who handles marketing, that she sees that online customer traffic coming via Orange Pages is down to zero. She checks the listing and discovers the typo. By this time the impact on Photogenic Faces has been significant, compared to the same period of time in the previous year, profits have been down by around $20,000. Use only common law principles to answer questions 1 to 3. Do not use legislation

1. Is Tina liable to Anna/Photogenic Faces in negligence for the loss of profit? (16 marks)

2. Assuming that Tina is potentially liable in negligence, is the Victorian Government vicariously liable to Anna/Photogenic Faces?

Damian is a cabinet maker - he owns and runs a business in Melbourne, making and selling high

quality cabinets. He enters a contract with Simon, who manages a plantation two hours' drive away,

for supply of timber. Damian explains that cabinets made from red oak wood are strong and durable,

so his business relies on using such wood exclusively for making cabinets. Simon says that he has a

small area of red oak boards in his plantation, and he can provide Damian with a steady supply of

red oak boards. He agrees to deliver five boards of the red oak timber to Damian each month.

Damian agrees to pay $5,000 upon each delivery.

This arrangement goes smoothly for five months. The day before the sixth delivery is due, Simon

calls to tell Damian that he can no longer supply him with red oak boards, due to an unexpected

bushfire that spread and destroyed half of his plantation.

3. Simon argues that the contract has been frustrated under common law and that he no longer has

any obligations to Damian. Is he correct?