Question
Please provide for each cases, as per below using IRAC Method: also provide relevant case laws and Fiji Legislations references 1: Issue 2: Rules 3:
Please provide for each cases, as per below using IRAC Method: also provide relevant case laws and Fiji Legislations references
1: Issue
2: Rules
3: Application
4: Conclusion
a. Meli goes down to a local electronics store and purchases a laser pointer for his rugby workshop presentation. After his presentation is complete, he comes back to his hotel to find his roommate Tuimaba. Wanting to pull a practice joke on him, he hides on the other room and shines the laser pointer at his face to scare him. The laser pointer shines in Tuimaba's eye for 5 seconds, which causes him severe eye trauma. One week later, Tuimaba loses sight in that eye. Will Meli be liable for battery?
b. A Kanikani Lotion that was supposed to protect people from Kanikani was sold to Adam by Albert, the owner of Kanikani Chemist. In fact an error has been made in making up this particular batch. The product fails to prevent kanikani on Adam's body. Four days after applying the chemical to his body, Adam started to see his hair falling off. He immediately sought assistance of a doctor. He was advised that the loss of hair was the result of chemicals used to prevent kanikani. Adam now decides to sue Albert and Kanikani Chemist.
c. Fun Chew aged 14 years wishes to throw a surprise 40th birthday party for his mother. He has saved some money from several small jobs but needs to borrow about $3,000 from his kind Uncle Butt. Fun Chew is talking to Uncle Butt at a family barbeque, who is happy to help out and so lends Fun Chew the needed money on the understanding that Fun Chew can pay off the loan when he starts his new after school job at the supermarket. Fun Chew contacts caterers, decides on the menu, and pays a deposit. He then spends all of Uncle Butt's money on the party. He can't repay Uncle Butt as he decides not to take the supermarket job but to finish school and study hard to get the traineeship he wants. Advise Uncle Bert if there is a valid contract between Fun Chew and Uncle Butt.
d. At the Christmas Dinner of Office Ltd, Jan is asked to give a speech celebrating the career of the managing director, Keith, who is retiring. Halfway through the speech, Jan breaks into speaking Dutch, a language which the managing director speaks fluently, and says that any success which the managing director has enjoyed has been achieved by personal meanness and by spying on the activities of competing firms. Later that day Keith posts an article on the Internet which says that Jan is incapable of telling the truth and that this condition has been brought about because he is suffering from AIDS. Jan's friend, Lenny, tells Jan about this article. Jan contacted the Internet service provider on whose news server this article had appeared and the provider immediately removed the article. Advise the parties of any torts which might have been committed in respect of the above facts.
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