SECTION C: FACT SITUATION- 40 marks.

Facts:

1-Lindsay Lohan runs the Fire Hair and Freckles Beauty Spa and Gym.

2-She has 10 hairdressers, 10 manicurists, 10 massage therapists, and 10 gymn attendants and trainers.

3-Lindsay herself is famous for her red hair, freckles, film and tv appearances and her 10 years as a professional female wrestler.

4-Working for her was a hair stylist, Angelina Jolie who was very popular.

5-Ms. Jolie started with no customers but after 5 years working for Ms. Lohan had built up a very large list of happy clients.

6-Ms Lohan claimed she was the one who brought in the customers and made her popular, Ms. Jolie claimed it was her work and popularity that kept the customers and grew the list.

7-Rumour had it the two were emotionally involved but then a new attendant, Taylor Swift began dating Ms. Jolie and then things became tense between Ms. Lohan and Ms. Jolie.

8-Ms. Jolie quit and went across the street and started her own hair salon and dance studio and spa with Taylor Swift and two other of Ms. Lohan's employees, Bruno Mars and Rue Paul.

9-Ms. Lohan warned Ms. Jolie not to solicit her clients as it clearly stated in their contract Ms. Jolie could not solicit clients from Ms. Lohan.

Issues:

Ms.Lohan is furious. She claims 20 of her clients have now gone over to Ms. Jolie violating the contract and wants to sue on the contract,

Ms. Lohan also heard from 3 of her former clients who went over to Ms. Jolie but came back that Ms. Jolie was not properly cleaning her hair brushes, there were rats seen in her premises in the back as well as cock-roaches and Ms. Jolie had herpes.

Ms. Logan told all her customers what her clients had told her about Ms. Jolie and it made its way back to Ms. Jolie who was furious.

Ms.Jolie claims she has lost many customers due to the false gossip of Ms. Lohan and wants to sue her and can prove her financial loss.

Ms. Halle Strawberry is a customer of Ms. Lohan who claims shefirst went to Ms. Lohan's premises but Ms. Lohan put too much hair relaxer in her hair causing it to burn and fall out. She then claims when she went over to Ms. Jolie's studio to get her hair fixed she developed herpes zoster and so wants to sue Ms. Jolie as well.

Questions:

I-In regards to Ms. Lohan:(10 marks)

a.Explain whether no solicit provisions in contracts that apply to people who leave are enforceable and so whether she can sue Ms.Jolie.

b. Explain the evidence Ms. Lohan would have to produce to prove the quantum of damages. (5)

II-In regards to Ms. Jolie: (10 marks)

a.Explain what type of law and cause of action she may have against Ms. Lohan.(5)

b. Explain what she must prove and how she would go about proving it.(5)

III- In regards to Ms.Strawberry: (20 marks)

a.Explain the type of law and cause she believes she has against Ms. Lohan and what she must prove to win her case.(5)

b. Explain Ms. Jolie's defence against Ms. Strawberry and why she has a strong case of defense. (7)

d. Explain why Ms. Jolie's defense against Ms. Strawberry could not be used by Ms. Logan as a defense against Ms. Jolie's legal action against Ms. Lohan. (8)