Question 1

Thanos who had been in business for 15 years needed money in a hurry because of a lawsuit against him for negligence. He sold part of his business looking after shoe manufacturing in Lami to the first buyer he could find for $284,000 which included $34,000 in goodwill payment. Weather Shoes (WS), a rival company that bought its business included a clause in the contract that stated: "the vendor shall not commence or purchase a shoe manufacturing business within Fiji for the next 15 years". One year later Thanos is willing to go to court to fight for the right to start another shoe manufacturing business in Nasinu.

Explain whether Thanos is likely to succeed against Weather Shoes WS? Use the IRAC method to answer the question.

Question 2

Your neighbor, Mr. X, and his family had gone for a vacation for a week leaving behind their pet (dog). You discover their dog outside your house one evening as the weather began to deteriorate and a flash flooding warning was later announced on the radio. You tried calling your neighbor, Mr. X, regarding their dog; however, all your calls went futile (as the phone was switched off). You took care of the dog for a long rainy week providing food and shelter. As soon as your neighbor arrived, you returned their pet and claim the cost of looking after their dog for a week. Mr. X is reluctant to do so.

Determine what action you can take, if any, under the laws of the agency against Mr. X . Use the IRAC method to answer the question.