QUESTION ONE

Mila, a travel consultant, was doing her shopping at the local supermarket, Buckleys. When walking in the milk and dairy section in Buckleys, Mila slipped on the floor and hit her knees on a trolley.

While on the floor, Mila looked at the bottom of her shoes and found some squashed cheese which had fallen from the refrigerated display shelves.

Ben, an employee of Buckleys, came to help Mila. Ben told Mila that he was on his tea break and didnt have the time to clean up the cheese that had fallen onto the floor.

Mila admitted that she was not looking at the floor as she walked, and told Ben, I was looking around for items to purchase.

Due to her falling and hitting her knees on the supermarket trolley, Mila suffers from soft tissue injuries and is not able to sit or walk for a long time. Milas injuries have become worse due to her taking up binge eating as a means of dealing with her symptoms. Mila is claiming compensation for medical expenses, economic loss and domestic assistance.

REQUIRED:

Advise Mila as to whether she would be successful in negligence against Buckleys supermarket. Please explain fully, using relevant legal authority.

(20 marks)

QUESTION TWO

On the 2^nd of March, Jack offers to sell his collection of Persian rugs to his friend Liam for $30,000 by telephone. This was considerably less than the $50,000 that Jack had advertised his collection for in the local newspaper. Liam asked for a little time to think it over and was told by Jack: Sure, I will leave the offer open until Tuesday the 5^th of March.

On Monday the 4^th of March, Liam sends Jack an email agreeing to buy the Persian rugs at the specified price subject to Jacks assurance that the rugs were genuine, hand-made rugs.

Later that same Monday, Jack was approached by Zoe who offered to purchase Jacks Persian rugs for $50,000 as advertised in the newspaper. Jack immediately accepted Zoes offer and then sent Liam a text message withdrawing his offer to sell the rugs to Liam.

Jack read Liams agreement email on Tuesday the 5^th of March and Liam read Jacks withdrawal text message on Wednesday the 6^th of March.

REQUIRED:

Advise Jack whether he has an enforceable contract with either Liam or Zoe.

(20 marks)