College of Business, Hospitality and Tourism Studies

EXECUTIVE MBA
LAW 803: BUSINESS AND LAW
TRIMESTER 1, 2021
ASSIGNMENT 1 – TORTS AND CONTRACT LAW
Total Mark: 30 Weight: 30%
Due Date and Time: 27 June 2021 by 11.59p.m (Fiji Time)

INSTRUCTIONS
1. This is an individual assignment.
2. All assignment must be uploaded on the moodle for the turnitin test. Hardcopy or
emailed copy of the assignment will not be assessed Answers should be typed. Font
Type to use is Calibri. Font Size to use is 12 with 1.15-line spacing.
3. Plagiarism and dishonest practices are serious offences for which offenders shall be
penalized. Students must read the relevant section of UASR to understand the various
types of cases defined as dishonest practices in academic work and to also know the
penalties associated with these kinds of practices. Plagiarized assignments will be
awarded zero.
4. Any submitted assignment with a similar index of above 40% will be awarded a Zero.
5. Late penalty of 10% of the marks will apply for late submission (if prior approved by the
lecturer) by a day or part thereof.
6. All the questions and all parts of the questions must be answered.
7. All the Questions must be answered using the FIRAC Method.
8. Students must use appropriate legislations and case laws to support the arguments.
9. Any material used should be properly referenced.
QUESTION 1

Cathy visits a shop and buys two pre-packed sandwiches. The sandwiches were made
by a local company which supplied many local shops with sandwiches. Cathy and her
friend Dinah shared the sandwiches. Both Cathy and Dinah were made seriously ill, as
the sandwiches were contaminated with rat poison.

Advise Cathy and Dinah of their legal positions.

QUESTION 2
Jim works as a security guard for X Ltd. One night, whilst guarding X Ltd’s premises,
Jim comes across an intruder. The intruder says that he has accidentally walked on to
the premises and offers to leave. Jim is convinced that the intruder is the person who
stole X Ltd’s safe three months ago. Jim threatens to attack the intruder with a crowbar
if he tries to leave. This frightens the intruder, who runs away. Jim rugby tackles the
intruder and punches him several times. Jim then locks him in a store room while the
police are summoned. When the police arrive, an hour later, it is established that the
intruder had been acting innocently throughout. The intruder has suffered a broken
nose and his clothes are ripped.
What torts might Jim have committed? (You should explain the essential requirements
of these torts.) Will Jim’s employer be vicariously liable for any torts committed?
QUESTION 3

On 15 January 2021, Roy offers to sell his antique desk to Ravinesh for $5,000. Ravinesh
subsequently inspects the desk and says to Roy 'The desk is in excellent condition and I'd
like to have it. There's no doubt that I could afford to buy this desk if I could pay for it in
three installments. Nothing further is said concerning the desk. On 18 January, Ravinesh
sends a letter to Roy in which he accepts Roy’s original offer. On 19 January, Ravinesh
learns that Roy has sold the desk to Waqa for $7,000 On 20 January Roy receives
Ravinesh’s letter of acceptance.

Advise Ravinesh whether he has an action against Roy for breach of contract.
QUESTION 4
Mosese runs a talk-back, Fijian radio program with the station having 80% of the market
share. Last Tuesday, a caller claimed that Mr. Peter, CEO of a prominent statutory body
involved with illegal and corrupt activities. The following week, the news presenters
repeated the allegations without obtaining clarification or comments from Peter. Peter is
suing the radio station for defamation.
Advice Peter on his chances of succeeding taking into account the defence (if any) that
the radio station may have.
“End of Assignment 1 Question”