Assignment title: Information
Question 1 [15 marks]Barney and his friend Ted were returning home after attending a function. There is a pedestrian path that leads directly to the apartment Ted lives in. It would take about one hour to make the journey.Because they are tired, Barney and Ted decide to walk along the freeway to the city, which will enable them to reach Ted's apartment in about 30 minutes. They do this despite the fact that there is no pedestrian path along the freeway, and a notice reads "DANGER ! DO NOT WALK ALONG THE FREEWAY".As Barney and Ted walk along the freeway, a car driven by Robyn comes around a bend in the freeway. Robyn takes her eyes off the road for a moment as she rummages through her handbag to locate her phone. Her car veers to the left, but Robyn is unable to correct her error and her car ploughs through the crash barrier and into the pedestrians, injuring Ted.Because of the delay caused by the traffic accident, another driver, Marshall, is stuck in traffic. He is an electrician and because he cannot get to his next repair job of fixing the refrigerators in Lily's restaurant, Lily has to dispose of $3,000 worth of food which goes bad.Advise all parties on any/all liabilities arising from these facts, citing relevant statutory and case law authority, using the ILAC format.Question 2 [15 marks]Sheldon runs a company which sells automotive accessories. He relates the following set of facts to you:On 12 October Sheldon receives an email from Leonard which reads: "I offer to purchase 20 steering wheels for $40 each, inclusive of GST, delivery and insurance".In response, on 13 October Sheldon sent an email to Leonard saying "I accept your offer, but the price would have to be $55 each, plus GST."On 14 October Leonard sends an email back saying "No, I can't agree to that".On 16 October Sheldon then sends an email saying "OK, I accept your offer of 12 October", however, when he sends the steering wheels to Leonard with an invoice for $800, Leonard sends the steering wheels back and refuses to pay for them.On 22 November, Sheldon sends a letter in the post to Rajesh stating "Please send me 30 low profile tyres at $210 each."On 24 November Rajesh puts a letter into the post stating "Alright. I will deliver the 30 low profile tyres for $210 each before the end of the month."Sheldon subsequently finds that he no longer needs the tyres, and on 25 November sends Rajesh an email saying "Please cancel my order of 22 November."Rajesh's letter reaches Sheldon on 26 November, and the tyres are delivered a few days later with an invoice for $6,300, which Sheldon refuses to pay.Sheldon has a friend named Howard, who has done favours for Sheldon, such as looking after Sheldon's cat when he (Sheldon) went on holiday. On 10 December, Howard says to Sheldon "I need three new car jacks for my automotive repair business". Sheldon says "OK – you have been a good friend to me in the past, so I'll give you them for free".Sheldon later changes his mind and says to Howard "