BUSINESS LAW

TERM TWO ASSIGNMENT

Aubrey Banda, famously known as Young Drizzy, and Kendrick Luwaya, stage name K.D, have
found themselves embroiled in a rap beef originating from alleged romantic entanglements with
the same girl, Cecilia Bwalya, a schoolmate who eventually ended up in a relationship with
Aubrey. The conflict escalated when Young Drizzy released a song, "Ndiwe Kembo," which
purportedly contained disses aimed at K.D, insinuating that he has financial problems and is a
weak and less gifted musical talent. Following this, K.D responded with his own song, "Not My
Level Boi," which not only attacked Young Drizzy but also targeted his girlfriend Cecilia.

Here are some excerpts from the lyrics of the song “Not My Level” by K.D:

 "Nga ndimwe ba Drizzy, tiziba muli bama dizz, rich man but mu sippinga ma Bolz nama
2 Keys..." (Translation: "Drizzy, you claim to be wealthy yet drink in cheap alcohol like
Bolz and 2 Keys...")

 "Kembo ndiwe, datinga ka gelo kamu last, tamvela ati wadwala not ukamu pase mufana
pa last..." (Translation: "You are dating an undesirable woman, rumors suggest you are
unwell, don't spread your sickness to her...")

 "Bushe muli gelo wako ndiwe owner olo shareholder..." (Translation: "Are you merely a
stakeholder in your girlfriend's life or do you claim ownership?")

 "ba Cecilia tiziba muli ka gold digger, mumu usinga mu guys, iwe type yako niba midala
thats why besty wako akuzonda, finasila, flirting na ba daddy bake..." (Translation:
"Cecilia, we know you're a gold digger, manipulating gentlemen, you prefer old men that
is why your best friend hates you because you were flirting with her father...")
These songs have gained immense popularity across the campus and social media platforms,
resulting in significant backlash against Aubrey and Cecilia. Aubrey has faced losses in his
music business, losing scheduled performances due to the embarrassment, while Cecilia has been
subjected to online abuse particularly on Facebook and TikTok, ridicule, and even suspension
from various associations on campus and church which has negatively affected her handbag
business.

Considering the foregoing, Aubrey and Cecilia, are thinking of suing Kendrick seeking remedies
for the damage inflicted on their reputations by his song, they seek your counsel as a first-year
DBA student studying business law before they consult a lawyer to assist them to sue Kendrick.
Additionally, they disclose confidential information regarding a scandal involving Cecilia's best
friend's father, who was flirting with her and led to serious enemity with her former best friend
as well as Aubrey's past medical condition concerning a Urinary Tract Infection (UTI) he got
from his boarding house and his drinking habits.

In light of these circumstances, analyze the possible legal action available to Aubrey and Cecilia,
including what elements they must establish to succeed in a lawsuit against Kendrick.
Furthermore, assess any potential defense Kendrick may employ and evaluate the likelihood of
success in a court of law.

Instructions

1. Due date: 27th May 2024, during class.

2. Any assignment handed in after the due date, SHALL NOT be marked and will be
awarded a ZERO.
3. Plagiarism or copying of another students work shall attract a zero.
4. Any use of Artificial Intelligence (AI) such as Chat GPT to answer assignment shall lead
to a ZERO.
5. Your assignment should not be less than three (3) typed pages excluding the cover and
bibliography. (Format-Times New Roman, font 12 and Spacing of 1.5,)