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Answer using IRAC Method with relevant case laws and Fiji legislations. Pls Provide references thanks Question 1 The premises of Babasiga Ltd are often in
Answer using IRAC Method with relevant case laws and Fiji legislations. Pls Provide references thanks
Question 1 The premises of Babasiga Ltd are often in a dangerous state. Last week, two people were injured while on the premises. Edward, an accountant employed by Babasiga Ltd, broke his elbow when he slipped on an oil spillage on some stairs. The oil had been spilt on the stairs four hours earlier. No orders to clear the spillage had been given, although all employees had been warned to take care while using the stairs. Francine, who is 7 years old, was injured while playing on partially completed buildings which are standing on Babasiga Ltd's premises. A friend of hers pushed her over and she fell into an exposed barrel of preservative chemical. The chemical caused severe injuries to Francine's skin. The Managing Director of Babasiga Ltd knew that children had been breaking in and playing on the building site. Last week he had put up a prominent sign, which read: 'NOTICE. WARNING TO PARENTS. THIS SITE CONTAINS HAZARDOUS BUILDINGS AND DANGEROUS SUBSTANCES. KEEP OUT.' Advise Babasiga Ltd of any liability they might have to Edward or Francine.Question 2 For several years Fred and George were the sole partners in a successful building firm. Ten years ago they formed a limited company. Fred and George were the only two directors. The company had an authorised share capital of 100 $1 ordinary shares, and George and Fred each took 50 of these. Two years ago, George's son, Tony, was appointed a director of the company and George and Fred each transferred ten shares to Tony. Last year Fred discovered that the company had sold building materials to another company in which George and Tony are the only shareholders. Fred brought this matter up at a board meeting. Since this time, Tony and George have passed two ordinary resolutions. The first removed Fred as a director. The second ratified the sale of the building materials. Advise Fred of any rights which he might have.Question 3 Alice, Belinda and Cherry run a shop as partners. The partnership deed states that only Alice can buy goods on behalf of the firm. Yesterday, in contradiction of this, Belinda bought a large quantity of new stock from Duncan. Alice and Cherry think that Belinda paid far too much for the stock and that it will be very difficult to sell. Two days ago, Alice negligently spilt some oil on the shop floor and failed to clean it up. A customer slipped on the oil and badly injured herself. The partnership had failed to renew its insurance policy and so there was no insurance in place at the time of the accident. It seems likely that the firm has not got enough money to pay the likely damages to the injured customer and to pay Duncan's bill. Advise the three partners of their legal position in respect of the above factsQuestion 4 Alicia works as a computer operator for Cheapeo Ltd in He. She is paid $5.80 an hour. Bert, who has worked in the same office as a computer operator for ten years, is paid $6.30 an hour. If any of the computer operators experience a problem, Bert is required to provide assistance, although such assistance is very rarely in fact needed. Alicia has heard that computer technicians employed by Cheaper) Ltd in Latttoka eam $l an hour and that female computer operators employed by a subsidiary company of Cheapco Ltd earn $6.9 an hour. Advise Alicia as to whether or not there are grounds on which she might bring a claim of equal pay and of any defenses which Cheapco Ltd might have. Question 5 Last Monday, Dodgy Motors Lid sold two cars. The first car, a Ford , had a mileage reading of 26,000 miles because the Managing Director of Dodgy Motors, Mr. David Odgy, had rewound the car's odometer from its true reading of 76,000 miles. The second car, a Toyota Yaris, also had a false odometer reading but Mr. Odgy was unaware of this both when he supplied the car to the purchaser and when he recorded the false reading on to an invoice, immediately prior to the customer signing the contract. Both of the cars sold had a sticker next to the odometer, reading: *THE MILEAGE ON THIS VEHICLE IS NOT GUARANTEED.' In the sales office of Dodgy Motors Ltd, a prominently displayed sign said: 'YOU SHOULD TAKE IT THAT ALL MILEOMETER READINGS DISPLAYED ARE INCORRECT, AS THIS IS THE BASIS ON WHICH ALL CARS ARE SOLD.' Mr Odgy pointed this notice out to both purchasers before they bought their respective cars. Advise Dodgy Motors Ltd of any liability they may have under the Fijian Competition and Consumer Protection Act 2010Step by Step Solution
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