Mr. A operates his travel agency, XYZ Travel & Tourism Services. His agency also provides

professional Pakistan northern areas Tour Guide for the journey of their customers towards North

Pakistan. The Tour Guide are normally required to submit their report at the end of each trip in

order to maintain a record and this exercise helps the agency to improve their services. The agency

receives 3 or 4 star rating from his customers on some eminent online Trip Adviser sites.

In year 2018, Mr. A was charged and convicted of fraud in connection with the operation of his

travel agency. Currently, Mr. B, a dissatisfied customer, filed a civil suit against Mr. A asking for

damages for breach of contract for a trip which Mr. B calls an extremely unpleasant experience.

Mr. B was booked by the travel agency for a trip described as luxurious trip to witness the real

beauty of Pakistan. He was scheduled to visit Skardu, Gilgit and Hunza with a group accompanied

by Mr. C, the tour guide.

As part of the plaintiff's case, the following evidence has been submitted.

In the examination in chief:

a) Mr. B complains that the hotel booked for the group in Skardu smelled of sewer and his room

had bed bugs that caused him skin rash. According to Mr. B, the hotel booked in Hunza had mildew

on the walls and cockroaches in the bathroom. The rooms were neither clean nor spacious. He

testifies on the stand that the hotel manager in Skardu told him that he had called Mr. A and warned

him about the problem of a broken main sewer two weeks before the group arrived.

Defence counsel objects. Why? You be the judge. Rule on the objection.

b) Mr. B also complains that Mr. C, the tour guide who accompanied the group, was supposed to

be an expert knowing the history and culture along with the breathtaking locations in that region

but that he knew virtually nothing about the places they visited. Mr. B testified that for example,

"When we asked him about Paiju Camp at the foot of the Baltoro Glacier, he (the guide) told us,

"Read about it in the brochure." He advised the group to purchase a book describing Karakoram

Range.

Defence counsel objects. You be the judge. Rule on the objection.

c) Mr. B took video of the dirty hotel rooms, bathrooms, uncomfortable seats of the bus he says

the tour used and the unappealing meals which he claims were not prepared under hygienic

conditions that the members of the tour were offered. He wants to introduce this video into

evidence. Mr. A objects and says if this video is admissible, he has a video to produce in evidence

as well.

i) Make Mr. A's argument.

ii) You be the judge. Rule on the objection.

d) Mr. B takes the stand and is asked:

"Q. Is it not true, Mr. B that you are the only traveler who complains about having a terrible time?

A. No, everyone hated it. We all got sick and we all were deceived by the Travel brochure.

Objection! Your Honour!"

Why the objection? You be the Judge and rule on it.

e) Later in the cross examination the following interchange took place: