Please read the case study below and answer the 2 questions at the end
On Saturday Fernando sees an advertisement in the local paper:
First edition of Lord of the Rings, signed by JRR Tolkien for sale £7,000. Telephone Simon on 01234 - 60000
Fernando, who knows Simon's address, immediately puts a cheque in the post for £7,000 together with an additional sum to cover postage and package, with a note asking Simon to send the book directly to him.
On Sunday evening, upon seeing the advert, Ali e-mails Simon and asks if he will accept £6,500 for the book. Simon emails back saying that the book is offered for sale at £7,000 and if Ali wants it he must email him back before 2200.
At 2130 Ali emails Simon back saying he does want to buy it for £7,000 and will put a cheque in the post to him that evening. This email arrives in Simon's inbox at 2135 but he mistakes it for spam and so deletes it without opening it. Ali puts a cheque for £7,000 in the post that evening.
On Monday morning having heard from no one Simon sells the book for £10,000 to Gollum Books Ltd. and emails Ali saying the deal is off.
Simon's wife Fern, runs a coffee bar in Southsea. She goes to Good Buys, the local supermarket to purchase some coffee for her business and whilst cycling through Good Buys' car park she is hit by Joe, a fork lift truck driver working for Good Buys.
Joe has only recently passed his fork lift operating test. As she entered the car park Fern had seen a notice which stated Good Buys accepts no responsibility for any loss or damage to property or persons however arising Fern is knocked unconscious, gashes her head and damages her bicycle. She was not wearing a helmet. There is evidence showing Joe was driving too fast and showing off to his friends.
I. Advise Simon if he has any contractual liability to Fernando and or Ali.
II. Advise Fern on any contractual and/or tortious claims she may have against Joe and/or Good Buys, including a discussion on whether the notice will prevent her making any claim against Good Buys.