Question 1 [Partnership and Company Law]

Joe, Pita and Marica are members of Suvavou Clan, in Lami and the owner of several hectares of vacant land suitable for quary mining, namely Sitiveni grants permission to them to form a company that would extract quarries and sell to China Railway Company to construct a four lane highway in the Suva-Nausori corridor. The Term of deal is for two years on terms that the Company formed by Joe, Pita and Marica is to pay Sitiveni 41% of the profits from the sale of the quarries.Explain what kind of relationship is Joe, Pita, Marica and Stiveni are entering into? Explain your response with relevant case law and legislation pertaining to such relationship.

[5marks]

Question 2 [Trespass to Person]

1. What are the three tests to establish if a person is to be prosecuted for trespass to person?
2. What are the defenses a defendant should use, if the defendant believes has no fault to such allegation?

[5marks]

Question 3 [Sale of Goods and Consumer Law]

i.What are unascertained, specific and future goods, discuss each of them using an illustration to establish your answer.

ii.What are the ways in which a non-owner can transfer title in goods to another person? Outline each of them and explain.

[5marks]

Question 4 [Intellectual Property Law]

With reference to the Flour Mills of Fiji Ltd v Visama Atta Mills Ltd [1993] FJHC 107 case, discuss the test to establish 'Passing off.'

Question 6 [Agency Law]

Explain the ways in which an agency can be created, and give examples of each of the ways, an agency can be created?

.

Question 9[Negligence Law]

Landscaping Fiji Limited is a land developing company. In January 2011 it was engaged in carrying out subdivision works at South Sea Road, Suva. The land is situated at the seafront at the end of South Sea Road which is a dead end. In the process of developing the seafront land, Landscaping Fiji Limited had constructed deep drainage system with drainage chambers around the end of the road.

On 15 May 2011 at about 8.00 p.m Mrs Gyan was returning from church and she was walking along the foreshore where Landscaping Fiji Limited had been carrying out the said development work, she fell into an uncovered drainage chamber and fractured her hand. She had gone there to pray. Mrs Gyan has come to you for advice and seeks to know what would be the appropriate cause of action in this case.

Required:

Discuss whether Ms Gyan can successfully establish liability in negligence against Landscaping Fiji Limited for her injury.

Question 10

Buli was a student at USP, Law School, at the Laucala Campus, Suva. He traveled to Nadi last month and booked into a room for a 5 day's stay at the Nadi International Airport Resort. The Resort has policies that govern the operation of the Resort. One of the conditions of the Hotel was that, the owners of the Resort would not be responsible for items lost or stolen unless customers request for safe keeping of their items, with the Manager of the Resort. Buli did not do that. One of the Resort's employees left Buli's room door open for cleaning and a stranger gained access to his room and stole his laptop. He complained to the manager of the hotel and claimed money for the lost item. The manager showed him the notice on the back of the bedroom door which stated that "the proprietors' will not hold themselves responsible for items lost or stolen unless handed to the manager for safe custody".

Required:

a.Discuss what legal rights does the Buli have?Refer to relevant cases where appropriate to support your arguments.

b.What are the remedies for breaches of conditions and warranties?