Question 1a) Bart contracts with Morvart Motoring Works (MMW) to carry out regular maintenance and certain repairs to his 7 seater Nissan SUV. The car is expected is to be ready on Saturday morning; Bart tells MMW that he will collect the car on Monday as he is away for the weekend. MMW uses the car to ferry around Hong Kong a group of visitors who is visiting for the

weekend. Bart wants to sue MMW. Advise Bart.

Question 1b) As part of a settlement over a business dispute, Bart and Caleb agree that for a period of 2 years, neither party will operate a sushi restaurant in the Mong Kok area ('business exclusion clause'). In breach of the agreement, Caleb obtains a lease for a shop unit on Soy Street (Mong Kok) and operates a Japanese restaurant which includes sushi on its menu. The restaurant is immensely profitable and nets a profit of $2 million per month. Bart would like to claim Caleb's profit on the basis that but-for the breach, Caleb would not have obtained the profits. In the alternative, Bart would like to claim for $230,000, which he claims is the price he would have demanded for not including the business exclusion clause. Advise Bart.

Question 1c) Suppose that the business exclusion clause in (Question 1b) is accompanied by a clause which stipulates that in the event that either party breaches the clause, the defaulting party will sell the business, and pay to the aggrieved party a sum representing 60% of the proceeds of sale. Bart wishes to enforce this clause. Advise Bart.