Question
Question A. (10 marks) Spiderman, a supplier of stationary situated in the Friendly North entered into a contract to supply Ironman (a university undergraduate student)
Question A. (10 marks)
Spiderman, a supplier of stationary situated in the Friendly North entered into a contract to supply Ironman (a university undergraduate student) with, a laptop and other stationery for his university studies. Ironman was a minor who was unsuccessful in getting a scholarship. When A Spiderman claimed the cost of these items Ironman refused to pay the cost relying on lack of capacity as a reason for non-payment of the cost.
Explain whether Spiderman can recover the cost of the stationary from Ironmen. Use the IRAC method to answer the question.
Question B. (10 marks)
Two brothers, Mika and Fika Singh advertised to sell a car. A man, claiming to be Honey Singh, approached them. He took the car for a test drive and the brothers agreed to sell the car to him for $27,000. Honey Singh wished to pay by cheque. When he produced a checkbook, Mika said that he didn't want to proceed with the sale unless it was in cash. Honey Singh then claimed that he was R.D.B. Honey Singh, that he had a business interest in Punjab state in India, and he lived in Andheri Street, Mumbai. While negotiations proceeded, Fika slipped out, went to a local post office, and consulted a telephone directory. He verified that R.D.B Honey Singh lived at the Mumbai address. Based on this, the brothers accepted the cheque. Subsequently, the cheque was dishonored and the brothers attempted to find Honey Singh. They could not. Seeking to recover the car, they sued Arijit Singh who had purchased the car from Honey Singh.
Advise whether the brothers would be successful in their claim or not? Use the IRAC method to answer the question.
Question C (10 marks)
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 D (10 marks)
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.
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