In an often cited statement in Short v. J & W Henderson Ltd Lord Thankkerton said that there are four indications of a contract of service. State the four conditions.

In Holiday v. National Telephone Co, the defendant, a Telephone Company, was lawfully engaged in laying telephone wires along a street. They passed the wires through tubes, which they laid a trench under the level of the pavement. The defendants contracted with a plumber to connect these tubes at the joints with lead and solder to the satisfaction of the defendant foreman. In order to make the connections between the tubes, it was necessary to obtain a flare from a benzoline lamb of applying heat to the lamb. The lamb was provided with a safety valve. The plumber dipped the lamp into a caldron of melted solder, which was placed over a fire on his footway. The safety valve not being in working order caused the lamb to explore. The plaintiff, who was passing on the highway was splashed by the molten solder and injured. Was the defendant held liable or not? Explain.

In Storey v. Aston, the defendant, a wine merchant, sent his car man and clerk to deliver wine and pick up empty bottles. On their way back, they diverted to visit the clerks house in the course of which they negligently knocked down the plaintiff and injure him. Was the defendant liable or not? Explain

The duty owed to a trespasser was eventually clarified by the Occupiers' Liability Act, 1984.What were the conditions laid out in Section 1(3) of the act;

State and explain 5 differences between Libel and Slander;

State and explain the 7 cases available for the defense against absolute privilege

Explain the following terms according to Business law;

• Warranties
• Merchantable quality:
• Privity of contract:
• Void
• Voidable
• Caveat emptor
• Quantum meruit:
• Frustration of contract:
• Ex-gratia Sum
• Unilateral Mistake
• Misrepresentation:
• Duress:

Indicate the ways in which a tort of conversion may be committed

b) Explain the legal principles applicable in each of the cases listed below;

i. B entered into C's land to recover a time rabbit that belonged to B's children

ii. H pasted a poster on D's wall advertising a disco dance competition meant for raising funds for a local charity

iii. F cut down the branches of a mango tree belonging to G his neighbor which had extended to his land. He picked the ripe mangoes from the fallen branches and gave all of them to the children in his vicinity.