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Baraini is a merchandiser who often flirts with the edge of the law. He sells various items, most of which require the person who offers
Baraini is a merchandiser who often flirts with the edge of the law. He sells various items, most of which require the person who offers them for sale to have a license. He sets up some ortaniqua elephant ornaments on display and states the price for each ornament. It is an offence to offer ortaniqua ornaments for sale without a license. Fellini visits the shop and is surprised that the items are so inexpensive. He therefore takes five (5) from the shelf. The cashier informs him that each customer may only purchase one ortaniqua elephant ornament. Angrily, Fellini promises to report Baraini to the authorities about offering for sale an ortaniqua ornament without a license. Later that day, Shellaine visits the shop and sees a box with "healing trinkets" which should prevent the wearer of the trinket from contracting Chik-Sea. There is also a sign indicating that anyone who purchases the trinket and still contracts Chik-Sea, would be paid $500.00. Shellaine purchases two trinkets, one for herself and her husband. Her husband wore the trinket and caught Chik-Sea. Baraini refuses to pay Shellaine's husband the sum of $500.00. A. REQUIRED: i. Using appropriate case law, explain whether Baraini is liable for a breach of the law in respect of "offering" the ornaments for sale. (5 marks) REQUIRED: ii. Using appropriate case law, advise if Shellaine's husband entitled to the $500
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