Question 1 Michael Small, a guest at the Ritz Hotel, decided to sit at the poolside to read his novel. Meanwhile, the entertainment coordinator had children playing volleyball in the pool. The ball landed in the sitting area, hitting Michael in the face, severely injuring him. Michael decided to sue the hotel.

A. Advise Michael of his legal position. (10 marks)

B. Explain the following legal concepts with the use of decided cases. In all instances, make reference to the scenario above.

i. Contributory negligence

ii. Res ispa loquitor as a defence

iii. Remoteness of damage

(10 marks)

Question 2
It is about 11:00 p. m., on Friday and your club is packed; 300 at last count. Your fire occupancy limit is 250 but nobody pays attention to those signs. So far, the night has been fairly peaceful. Finally getting a chance to take a break, you sit at the end of the bar where you can see what is going on and asks the bartender for a long, tall, cold ginger ale. As you put the drink to your lips, flash! There is a flurry of activity. Two guys are fighting. You grab one, someone grabs the other. Blood is all over the face of the one you grabbed and he is wailing. A broken beer mug is on a table. Three girls are screaming hysterically and wiping blood from their clothes and body. You finally get things under control, transport injured patrons to the hospital and begin to gather information as follows:
i. The fight started when a ‘dancer’ asked a girl to dance. She declined and everyone at the table including the injured laughed.
ii. ‘Dancer’ was offended, picked up an empty beer mug and threw it at ‘laughter’. iii. These two guys had never seen each other before.
iv. The girls had never seen ‘dancer’ before.
A. Are you financially responsible for the injuries? Explain with the use of decided cases. (10 marks)
B. Analyse fully the term, Negligence per se. based on this rule of law, what action can be taken against your club? (10 marks)

Question 3
Jill made an offer to buy Jack’s land for £1 700 000. Jack accepted Jill’s offer. Shortly thereafter, the government declared the land to be of historical significance and, as such, its value was reduced to £200 000. Jack has since changed his mind about selling.
A. Discuss, citing two cases, ONE (1) test that has been purported for determining whether a contract has been frustrated. (6 marks)
B. Argue whether ‘government intervention’ can be raised to terminate the contract. (4 marks)
C. Can Jill argue that frustration was self-induced in this case? Give TWO (2) reasons for your answer. (4 marks)
Introduction (2 marks) Conclusion (2 marks) Spelling, grammar and punctuation (2 marks)