College of Business, Hospitality and Tourism Studies

School of Accounting & Law

Department of Accounting

LAW501 – Commercial Law

Assignment 1: Semester 2, 2022

Weighting: 10%

Instructions:
1. This is an individual assignment.
2. Your assignment must be word processed.
3. Ensure that your name, ID # and Lecturer’s name is clearly stated on the cover
page.
4. Only completed softcopy submissions must be uploaded on Moodle Turn-it-in Drop-
box with similarity index to be between at least 15-25 %.
5. Due date: Submissions will be allowed on moodle drop box by Wednesday
28th September at/ before 11.59pm.
6. Please note that failure to submit assignments on time will lead to a penalty.
7. Use relevant cases and statutes where applicable in answers.
Question

Shaniya and Taniya Sharma are 25-year-old indistinguishable twins. The Sharma’s live in a
settlement on the outskirts of Ba town in Fiji Islands.

Shaniya was a brilliant child in secondary school and then proceeded to pursue her MBSS
degree at Fiji School of Medicine campus in Suva. Apart from her studies, she aspires to
become a student rep and will be contesting in the upcoming student election.

On the other hand, Taniya was an average performer in high school studies unlike her
intelligent twin sister. She got into bad company and also got addicted to drugs. She left her
studies incomplete, and then decided to move to her uncle’s place in Savusavu (Fiji) to work
in a soap factory.

Shaniya is now into her third year of MBBS studies and has hardly talked to Taniya for three
long years. Coincidentally, very few people at her campus are actually aware that she has a
twin sister.

Pooja, who is classmate of Shaniya and Taniya, is also pursuing her studies at the same tertiary
institution. She has always disliked Shaniya owing to her intelligent traits and does not want
her to win the upcoming elections. She devises a plan and gathers an old photograph of
Taniya snorting a hard drug with her friends during her school days. She sends that mistaken
picture to the local newspaper agency a day before elections and left a caption that read “Ms.
Sharma is a drug addict”.

The photograph was very clear and looked exactly like Shaniya. The local new agency
unaware that Shaniya had an identical twin sister, published the photograph of Taniya the
same day, with a caption that read, “Drug Addict for University Senate?”. The news
reporter also acknowledged that it had received the photograph of “Shaniya Sharma”
anonymously earlier that day. Shaniya was very distressed about that newspaper’s
publication and subsequently lost the election.

Thereafter, Shaniya filed defamation claims against both Pooja and the local Newspaper
Agency.

1. Discuss the likely outcome of Shaniya’s defamation claim against Pooja? (4 marks)
Use IRAC method
2. Discuss the likely outcome of Shaniya’s defamation claim against Newspaper? (4 marks)
Use IRAC method
3. Discuss atleast 2(two) potential defenses for Pooja and Newspaper agency. (2 marks)

THE END