One day Elsie she sees an advertisement in the newspaper for private tours of The Promenade Arcade which is a very famous building in Melbourne. She is very excited by the prospect of visiting the arcade so she signs up immediately. On the day of the tour Elsie is met by Charles the tour leader. It is a wet and cold Melbourne day. Charles tells Elsie to be very careful when walking around the arcade as the tiled floors can be very slippery. She takes a step, slips and loses her balance, tripping and crashing through a glass ceiling and falling to the floor below. Her fall is witnessed by several members of the public including Trudy who faints and knocks her head. Elsie suffers serious injuries and is taken by ambulance to hospital. She has to stay in hospital for several weeks, incurring large medical bills and has to miss work for that time. Trudy is also taken to hospital incurring medical costs and has to take a few days off work.
The arcade?s management denies any responsibility for Elsie?s situation as Charles told her to be careful when walking around the arcade.
(a) Can Elsie take action against The Promenade?s management?
(b) Does Trudy have any claim?
Wolf is the manager of Iceni?s Empire, a popular Melbourne rock band. The band is due to go on tour so Wolf has been busy finding venues for its concerts. He finds a suitable venue called The Arena. He enters negotiations with Tommo the marketing manager of The Arena. Tommo emails Wolf the standard contract used for booking the venue and tells him to read it carefully to ensure that it meets the band?s requirements. Wolf rings Tommo a few days later to say that the contract is fine but he would like to add a few of the band?s requirements. Hans the frontman for Iceni?s Empire requires his dressing room to have a yoga mat and eight litres of bottled water from the Swiss Alps. The band?s keyboardist Franz requires one kilogram of blue M&Ms and a dressing room with dimmed lighting.
Tommo tells Wolf that those requirements are fine and that he will add them to the contract. Tommo is very busy and forgets to add the clauses they discussed. Wolf visits Tommo later that day to sign the contract. He does not bother to read the contract and signs it. Tommo also signs the contract. Sometime later Tommo tells Wolf that he does not intend to meet the band?s requirements as they were not included in the contract. When the members of the band find out that the written contract does not contain Hans and Franz?s requirements they are very angry and say that they do not want to perform at The Arena.
Are Hans? and Franz?s requirements able to be enforced as terms of the contract?
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