Q-1

Gaynor won the finals of the women's tennis championship at her local tennis club and was looking forward to having a trophy in her possession for a year and to spending the prize money of $100. At the presentation, she was astounded when her opponent was named as the winner of the tournament.

When she queried the announcement, the organizer told her that a line call on the last ball played had been incorrect, and her opponent had become the winner. Gaynor said that the line call had been correct and that she would ask for witness to prove it. The organizer referred her to one of the conditions stated on the application form given to and completed by all competitors - "The organizer's decision is final". The organizer refused to enter into further discussion.

Can Gaynor take any action against the tennis club? Why, or why not?

Q-2

Ratu owns a property with a large backyard that is usually brightly lit at night by floodlights. For months he has asked local teenagers to stop using his yard as a 'short cut' to the bus stop but they have ignored him. Ratu decides to put in a pool. Yesterday, after the constructor had spent the day excavating a large hole, Ratu decided not to switch on the floodlights. At 11 pm Hamish fell into the hole and suffered serious injury.

Explain whether Ratu is likely to be liable in negligence?