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Mr. A operates his travel agency, XYZ Travel & Tourism Services. His agency also provides professional Pakistan northern areas Tour Guide for the journey of

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 2022, 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: "Q. Mr. B, isn't it true that the only reason you are bringing this suit is because you and your wife are annoyed with Mr. A because he put your travel agency out of business when he opened up his agency next door to you? A. It is absolutely not true. Q. Is not it the case that you told Mr. D (a fellow traveler) that you would put Mr. A out of business? A. I did not. Q. Your Honour, I will be calling Mr. D. Objection!" Discuss. f) During the defendant's case the following evidence is offered: Mr. A wants to produce for the court a report which was written by the tour guide, Mr. C, which he is routinely required to submit at the end of each trip. This report presents a far different version of the trip than the one given by Mr. B. In addition, the tour guide wants to submit another video taken by another traveler on the trip which shows happy travelers enjoying themselves and food served during the trip. The video also covers the glimpses of hotel rooms and bus used during trip. Mr. B's lawyer objects to both the report and the video. You be the Judge. Would you allow submission of the report? What would be your ruling regarding admissibility of video? g) Mr. A's prior conviction was brought out during his cross examination by Mr. B's lawyer. Is it admissible? Why or why not? h) At the end of the trial, the Judge (you) have not heard from any of the other travelers. You call one yourself. Discuss.

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