Use IRAC to answer the question

It has now been 1 year, and Emily is no longer involved in Botanica. Joel and Peta have continued the business on their own, and they are now leasing the premises from Emily at a commercial rate.Botanica is doing very well.

Joel and Peta need more storage for their rare and exclusive plant section in the store. Joel goes to Franc's Storage Solutions and speaks to the owner, Franc. Franc recommends the 'Ultimate Shelves'. The Ultimate Shelves are a premium product and are top of the range.

Joel tells Franc that it is very important that the shelves they get are the highest quality because they will be placing their most expensive plants on the shelves. Franc tells Joel, 'Of course the Ultimate Shelves are great quality'. Joel asks Franc if the Ultimate Shelves can hold at least10kg of weight per shelf. Franc replies, 'Absolutely. I guarantee thatthe Ultimate Shelves willhold at least 20kgof weightper shelf. They are very strong.'Based on thisconversation,Joel decides to buy two Ultimate Shelves.

Franchands Joel a document which contains the details of purchase. It lists Franc's Storagesolutions as the seller, and theproduct numberof the Ultimate Shelves, as well as the price. At the bottom of the document, in red, bold lettering, it says, 'Please see the terms and conditions available at the counter.' Just below this is a space for the customer's signature. Joel signs the document, 'Joel, on behalf of Botanica'.

At the counter, where Joel signed the form, is a pile of documents called Terms and Conditions. In that document, Clause 14 reads, 'Franc's Storage Solutions is not responsible for anyloss,damageor injurycaused by any of the products sold by Franc's Storage Solutions.' Joel saw the pile of documents, but he did not take one, and did not read it.

Joel and Peta build the Ultimate Shelvesfollowing the instructions very carefully. The shelves look fantastic. Joel and Peta display all of their rare and exclusive plants on the shelves.

Later that day, they hear a loud crash.The shelves have collapsed!On the floorareall of their rare and exclusive plants. The potsarebroken and the plantsaredamaged. Joel and Peta arefurious.Joel and Peta are certain thatthey followed the instructions exactly when building the shelves,and they know thatthey only put15kg of weight on each shelf(they were being extra cautious).

Joel calls up Franc and is very angry. Joel says, 'the shelves you sold me are rubbish. They have just collapsed and all of our rare and exclusive plants are ruined. You have cost us a lot of money.You said that the shelves could hold at least 20kg of weight, and they didn't!' Franc responds, 'I'm sorry Joel. But there is nothing in the written contract saying that the shelves hold 20 kg of weight. Besides did you see Clause 14 in the terms and conditions? Clause 14 says I am not responsiblefor any damage.'

Using relevant legal principles of contract law, including case law, please answer the following questions:

a)Is the statementthat the Ultimate Shelvescanhold at least 20kgofweight a contractual term?(10 marks)

b)Will Clause 14 protect Franc from liability in this situation?(10 marks)

Question 2: Employment Law (10 marks)

Leading up to the Festive Season, Botanicais very busy and they need an extra person to work in the store. Peta arranges for Lucy, a university student, to assist in the store.Lucy signs a document which identifies her as an 'independent contractor'. The document also states that Lucy must comply with all of Botanica's policies and procedures. Peta provides Lucy with a shirt that has the Botanica logo on it, that Lucy must wear when she is working in the store.

Lucy is required to work 3 days per week, including Tuesday and Saturday. Thethirdday varies, and Peta tells Lucy what day she will be working a week in advance. On the days she works, she must arrive by 9:30am and she usually finishes at around 2pm, but this depends on how busy the store is. Sometimes Peta asks her to leave early, and sometimes Peta asks her to stay late. Lucy is paid $20 per hour, and this is paid to her at the end of each week.

Lucy performs a variety of tasks at the store, depending on what Peta and Joel need her to do.Sheserves customers, unpacks stock, and on Tuesdays she delivers plants to customers in the CBD. To make these deliveries, Lucy uses her own car which she is required to maintain herself.

Using relevant legal principles of employment law, including cases, discuss whetherLucyis an employee or an independent contractor?