Question 1: Margaret owned an antique store that specialised in rare porcelain dolls. When she opened the business in 1989, it was at a shop in an eastern suburb of Melbourne. In 1999 she started to advertise on the Internet, and by 2006 the business had grown to the point where she needed help to keep the business going.
After a family discussion one night at the kitchen table in July 2006, it was agreed that Margaret would probably keep the business going for another couple of years and then retire. Emily, her youngest daughter and aged 16, would work in the shop as long as was needed, and in return she would receive any unsold dolls.
When Margaret retired at the end of 2009, she decided that she would give the unsold stock to charity and they could auction it and keep the proceeds.
Advise Emily, using the COMMON LAW to support your reasoning.
Question 2: You are asked by your Manager, to prepare a written advice to a client about the following query:
"In order for a party to rely on an exclusion clause, what must they show?"
In your response, you are expected to demonstrate your knowledge about relevant exclusion clause CASES, by incorporating discussion about these cases into your answers AND, for a credit or above, you MUST demonstrate you have done some independent research (i.e.: by incorporating references to relevant journal articles and/or textbooks, other Gibson& Fraser) into your written answer.