Fred, a 62-year-old male, presents to the primary care clinic with the chief complaint of fatigue. Upon further questioning, he also reports some difficulty concentrating and a decreased sex drive. Further review of symptoms reveals dry skin, left knee weakness, occasional heartburn, and polyuria and wheezing on exertion. He denies any chest pain or palpitations. He reports being on antidepressants in the past but did not take them as directed. He is easy to get along with, forthcoming in his complaints, and describes his fatigue as a little bit more pronounces in the last couple of months. He also complains of erectile dysfunction, which he has noticed is worse in the last few years, especially since his diabetes is out of control.
Past Medical and Surgical History: Significant for uncontrolled type 2 diabetes, insulin dependent. The patient reports the last hemoglobin A1c of 10.2. He also has hypertension, gout, obstructive sleep apnea (with refusal to wear CPAP), and dyslipidemia. His past surgical history includes a deviated septum repair 20 years ago.
Family History: His mother died at the age of 81 of Parkinson’s disease; his father died at the age of 57 of Hodgkin’s disease; and he has one sister who is alive and well at the age of 58.
Screening: He had a negative colonoscopy in 2008. His most recent PSA value was 3.1 in 2007.
Social History: He reports drinking 2 drinks of hard liquor daily. He quit smoking 20 years ago and drinks 4 cups of coffee every day. He reports not adhering to his prescribed diabetic diet and has many financial and marital stressors at home. He is self-employed with some college education.
Medications:
Humalog, 75/25, 20 units in the morning and 20 units at night
Nexium, 40 mg daily
Crestor 10 mg daily
Allopurinol, 300 mg daily
Trazodone, 150 mg at night
Lopid, 600 mg twice daily
Baby aspirin, 81 mg daily
Micardis 40/12.5 daily
Actos, 30 mg daily
Allergies: NKDA, NKFA, or environmental allergies. All immunizations are up to date.
OBJECTIVE
Vital signs: Temp 98, Pulse 72, RR 20, B/P 138/90. His weight is 312 lbs. and his height is 58 inches.
General: He has a very pleasant attitude. His is a morbidly obese male, calm, pleasant and in no acute distress.
Skin: His color is pale. His skin is clear. Small senile keratosis is noted on his left arm.
HEENT: Negative
Neck: He appears to have short neck syndrome. He has not palpable nodes, no JVD.
Cardiovascular: Regular rate and rhythm. S1 and S2 are present without any murmurs, rubs, or gallops.
Respiratory: Breath sounds CTA with equal rise and fall of chest.
Abdomen: Obese, nontender, bowel sounds present in all four quadrants.
Musculoskeletal: Full range of motion to all four extreme.
Genital: He has normal genitalia. There is no evidence of swelling. His testicular exam is normal and there is appropriate hair growth:
List at least 3 differential diagnoses (rule in or out by history, exam, or lab work).
Create a plan of care for this patient.

QUESTION 1 (20 marks)
Liddy Bindu lives in a remote Indigenous community. She had leased a shop in Yarrabah, Cairns where she ran a ‘Native Food and Herbs Café for the local community. Liddy is now 70 years old, suffers from poor eyesight, speaks an Aboriginal language and understands limited English. Bob Shifty, Liddy’s landlord, knowing of Liddy’s age, medical conditions, and limited English, presents Liddy with a new lease contract for ‘Native Herbs & Tea Café, insisting that she sign the new lease and return it to him tomorrow. When Liddy protests that she needs more time to look over the document, Bob tells her that her original lease has run out and that the rental and other conditions of the new lease are exactly the same as the prior lease. Bob doesn’t recommend Liddy seek separate legal advice regarding the new lease. Rather, he threatens her that if she doesn’t sign the new lease immediately he will rent the shop to another tenant. Liddy signs the new lease. However, its conditions, including the rental payable, are significantly different from her prior lease and substantially favour Bob.

Liddy was concerned about the safety and cleanliness of the crockery used for serving food and drinks. She bought a pack of dishwashing liquid ‘Kleen-Up’ for use in the Café. Kleen-Up is manufactured and distributed by Avon Ltd located in Sydney. It was sold by a door-to-door sales representative of Avon Ltd. It has been selling a pack of ‘Kleen-Up’ at a normal price with a leaflet that says, ‘Fantastic new product – very soft and mild on hands – no gloves needed – your dishes will love it!’ The packaging only showed a picture of a bottle of Kleen-Up held by a smiling lady surrounded by full of sparkling dishes and appliance. Liddy’s daughter Lottie who casually helps in the Café developed a severe skin rash on her fingers and hands after using the dishwashing liquid.
(a) Advise Liddy as to whether Bob Shifty has breached the Australian Consumer Law(ACL).What remedies (if any) are available for Liddy under the ACL? (10 marks)
(b) Advise Lottie if she has an action against Avon Ltd for her injuries under the Australian Consumer Law. What remedies (if any) are available for Lottie under the ACL? (10 marks)

In your answers,DO NOT discuss liability under the law of contract, and the law negligence.

QUESTION 2 (25 marks)
Mrs Lena Breitenfeldt was attending the Wondertown Junior Cricket Club (WJCC) for the first time since moving from Germany, to watch her grandson play his first cricket match. She arrived at dusk, having walked 500 metres from the RSL club, where she previously met with friends for an early dinner to celebrate her 72nd birthday. During the match, Lena left the spectator seats and walked down a narrow path leading behind the clubhouse. After 3 glasses of wine with dinner, she was in need of the bathroom and was looking for the Ladies toilets.
Earlier that day, Pete had been tidying up the surrounding gardens and paths at the Cricket Club. As the Groundsman, it was Pete’s job to fix the gardens as they were getting untidy and the club liked to keep things neat. The Cricket Club was very proud of their reputation in the community and had recently won several awards due to their environmentally conscious activities. Pete had been in the process of installing water-saving sprinklers when he received an important call and had to leave for the day. He had already swapped the lightbulbs in the outdoor lights overlooking the surrounding paths with some energy saving globes that he came across in the storage room. The outdoor lights were set to turn on automatically at 5pm so Pete decided not to test the lights after changing the bulbs.
Pete was in a hurry to leave and was more concerned with the risk posed by leaving the semi-attached sprinkler hoses across the path. Pete found some cardboard and quickly scribbled ‘DANGER’ with an arrow pointing ahead, and then placed it at the start of the path as a warning sign.
Lena noticed the sign as she entered the path but could not read out all the letters. The energy saving globe bulbs Pete installed were for ‘indoor use only’ so the external lights failed to turn on at 5pm, leaving the paths and surrounding area very dimly lit. As Lena walked down the dimly lit path, she tripped over a length of sprinkler hose and landed heavily on her right arm, fracturing her elbow and wrist.
Due to her right-handed injuries, Lena has been unable to write and cannot complete her extreme crossword challenge from the newspaper each morning and also play lawn bowls. To avoid boredom, she began searching the internet for extreme crossword puzzles which could be completed online with her left hand. Lena was confident that she would do crossword puzzles very well with her right hand. Whilst she did win at first, she lost all other puzzles, it has since developed into an addiction and she has to date lost $40,000 from online gambling.
(a) Advise Lena whether she can sue Wondertown Junior Cricket Club (WJCC) under the tort of negligence, and if so what damages she may recover. Make reference to relevant case law and the Civil Liability Act 2003 (Qld) in your answer. (25 marks)