Answer all questions in this Section using the IRAC method with relevant case laws and Fiji legislations.

1. James, the 17-year-old son of wealthy parents who live overseas, is enrolled at a regional university. Before leaving his capital city home he pays a small deposit for a $90 000 Captiva SUV which he is allowed to take away because the dealer knows his parents. At university James learns about extreme poverty in developing countries. He wishes to repudiate (reject) the contract for the Captiva SUV and donate the value of the car to the charity, World Vision. Answer the following questions on the basis of the law applying in your jurisdiction.

(a) Explain whether James is legally able to repudiate the contract and recover the money he paid.

(b) If James can repudiate the contract, does he have to return the Captiva SUV?

2. Rubeni was shopping for furnishings for his new holiday cottage when he spotted a shiny silver 'wood-burning' combustion stove. The decorative appeal of the stove, plus the practicality of being able to burn dry timber from his property to heat his cabin, convinced Rubeni to buy the stove. When he first fired up the new stove, it buckled into a heap of partially molten aluminium. Rubeni claims he did not inspect the 'stove' carefully but relied on the salesperson's assurance that it could be used for heating purposes.

What action should George take?

Refer only to the Sale of Goods Act and Commerce Commission Decree 2010.

3. Jose owned a music store that frequently sold DVD's produced by the Talon music company at below Talons' recommended retail prices. Talon's sales manager sent a fax to Jose in which he threatened to stop supplying Jose's store unless Jose kept to the recommended prices. When Jose refused to agree Talon backed down.

Has Talon committed any restrictive trade practice that is prohibited under Part 6 of the Commerce Commission Decree 2010? If it is in breach, what remedies could apply

4. Johnny was a busy taxi driver in a Suva Street. He has been a taxi driver for 15 years now, started driving when he was 18 years old in Lautoka. Johnny knows very well the dangers faced by taxi drivers everyday. One Saturday Morning Johnny picked up Big Marsh at the Islanders Niteclub and drove towards the direction of USP. It was also raining heavily at that time. As they approach the zebra crossing adjacent to USP, Johnny's phone rung, it was Petero. While Johnny was busy answering the phone, he forgot to stop at the zebra crossing, as Jimmy a USP studentcrossed the road. As a result Jimmy was hit and thrown onto the sidewalk. Jimmy received serious injuries as a result of the accident.

In this scenario, who should be held liable for negligence under tort law? Why?

5. A batch of chemicals that were supposed to protect people from head lice was sold to Anna by Butcher, the owner of Monto Chemist. In fact an error has been made in making up this particular batch. The product fails to remove lice from Anna's head. Four days after applying the chemical to her hair, Anna started to see her hair falling off. She immediately sought assistance of a doctor. She was advised that the loss of hair was the result of chemicals used to remove lice from her hair.

Anna now decides to sue Butcher & Monto Chemist. What do you think the outcome of the case will be?