Question 2: Cases Leonard v Pepsico; Carlill v Carbolic Smokeball Co (4 marks) Explain why there was a different outcome in the two cases of Leonard v Pepsico and Carlill v Carbolic Smokeball Co although they both involved advertisements for products directed to the general public.

10 Genuine Consent (4 marks) Katherine wants to sell a painting she has inherited from her grandmother. She has always been told that the painting was the work of a famous Australian artist, Tom Roberts. She likes the style of Tom Roberts' paintings and has read several books about him and his painting career. She takes the painting to an antique shop and offers to sell the Tom Roberts' painting to the shop owner for $20,000. The shop owner looks at the painting carefully and agrees that it is in very good condition and is worth $20,000 as an original painting by Tom Roberts.Unknown to Katherine and the shop owner, the painting is a clever reproduction and not an original painting by the famous Australian artist. Do Katherine and the shop owner have a contract? They are mistaken about the painting being an original painting by a famous artist. How would a judge analyse the mistakes made by Katherine and the shop owner? How might the mistakes affect their contract for the sale of the painting