The response to the series has been a disaster and in the first race 2 competitors were injured when they stood on discarded needles on the beach. In fact, the council now only cleans the beach once a month. Miles wants to cut his losses and cancel the series. Required: Advise him in relation to his rights against the council. Is the statement "the council cleaned the beach with special equipment before each weekend" a condition or warranty? Question 3 Adam is interested in buying Hana's apartment in HCMC. The parties meet, negotiate and sign a written agreement as follows: "Adam will pay Hana $60000 for the Apartment at address 123 Nguyen Hue Street and Hana will give Adam complete ownership of the apartment and its contents, including the sofa, bed and kitchen table and chairs. The parties will transfer ownership on Saturday, 16 December 2006." There are about five more pages in the document, containing information about insurance, how the money will be transferred, registering the property in Adam's name, and other relevant details. The document contains an integration clause stating that it is the full, complete, total and final agreement between the parties. It also states that any statements not expressly included therein are mere representations and are not contractually binding. Before signing the document, Adam asks Hahn if he can also have her "Honda Click" motorcycle, which is parked downstairs in the garage. Hana tells Adam "sure, you can have it as part of the deal. I am moving to America anyway, and I will buy a car when I get there". There is no mention of the motorbike in the written document. On December 16, Adam transfers $60000 into Hana's bank account and they go to the Land Title Office to transfer the apartment into Adam's name. Hana gives Adam the keys. He returns to his apartment, opens the door and finds that the furniture is all there. He goes to the garage and realizes that the motorcycle is missing. He calls Hana and yells at her, demanding that she deliver the motorbike. She says she has changed her mind and that she is taking the bike with her to the USA. Adam is furious and wants to sue Hana for breach of contract. Will he succeed? Why or why not? Did Hana breach any condition of the contract? Explain fully using Australian case law