) Patrick recently agreed to clean his mother’s house every second weekend. They have since had a falling out and he would like to know whether he is contractually bound to continue cleaning the house. Select the best answer.
A) Patrick is not bound to clean his mother’s house. One reason is because of the nature of his relationship with his mother and the subject matter of the agreement.
B) Patrick is not bound to clean his mother’s house because the courts presume that family members do not intend agreements they reach to be contractually enforceable.
C) Patrick is bound to clean his mother’s house because the courts no longer presume that family members do not to intend agreements they reach to be contractually enforceable.
335) Which statement is incorrect?
A) If the court concludes that the parties have entered into a wholly-written contract, promises made during negotiations are not contractually unless the promise is also contained in the written document.
B) Promises made during negotiations will become a term of the contract if the court concludes that the contract is partly-written, partly-oral.
C) False representations made during negotiations may amount to a breach of the Australian Consumer Law.
D) Any statement made during negotiations will become a term of the contract if the court concludes that the contract is wholly-oral.
336) A supermarket customer dropped a bottle of milk on the floor, causing a spill. The manager noticed this as soon as it happened and immediately told an employee to get a mop to clean up the spill. The manager also told another employee to stand by the spill and warn customers to be careful. Both employees ignored the manager’s instructions. Steve, a customer, slipped on the spill. At the time he slipped, Steve was distracted by his mobile phone, which explains why he did not notice the spill.
Which of the following statements is correct?
A) The supermarket does not owe a duty of care to Steve because Steve was contributorily negligent.
B) The supermarket owes a duty of care to its customers, including Steve. However, this duty was not breached because Steve was contributorily negligent.
C) The supermarket clearly owes a duty of care to its customers, including Steve and it is likely that this duty was breached despite the instructions the manager gave to the employees.