COURSE NO.

LAW236 TITLE OF PAPER: SUBJECT: TITLE OF EXAMINATION:

DURATION:.2 HRS DATE: MAY 2003

LAW

MORNING/AFTERNOON

INSTRUCTIONS:

1.

THE PAPER HAS TWO SECTIONS, A AND B. ANSWER THREE QUESTIONS, WITH AT LEAST ONE FROM EACH SECTION.

DO NOT TURN OVER THIS PAGE UNTIL YOU HAVE BEEN TOLD TO DO SO BY THE SUPERVISOR

2.

Kate and Bogosi. but by faulty repair to the boat carried out by Masala. operate boats carrying goods up and down the River Moremi. Kate and Bogosi are injured." One day. Any person given a lift who is not an employee will be regarded by Khama Ltd as a trespasser and travels entirely at his own risk. i) ii) Advise Matilo. All captains of these boats are forbidden by Khama Ltd to give lifts to anyone who is not an employee of Khama Ltd. Molefe. is a notice which states: "Drivers are forbidden to give lifts to anyone who is not an employee of Khama Ltd. On the trip. who could not read English. to whom Letamo had also given a lift. Molefe's motive is to increase the trade in his bottle store. Letamo had been drinking heavily with Bogosi. not by Letamo's drinking and falling asleep. he loses the profit that he usually makes during the festival. In the cabin of each boat where passengers normally travel. Matilo. Advise Moseki as a to whether he has any remedy. Would your answer be different if the accident had been caused. the boat went out of control and crashed into the river bank.SECTION A Question One Khama Ltd. who was blind and his girl friend. [20 marks] . a selfemployed boat builder? [20 marks] Question Two The organisers of a popular annual festival in Mochudi have for some years allowed Moseki to sell his home-made wine from a stall during the festival. an employee of Khama Ltd. Letamo fell asleep at the wheel. the licensee of a bottle-store in the areas and Laura a religious fanatic persuade the orgnisers of the festival not to allow Moseki to have a stall in the current year and as a result. the captain of one of Khama Ltd's boats gave a lift to Matilo. Kate. while Lawura believes that strong drink is contrary to the law of God. Prior to commencing this trip. Letamo.

00 before Tanwi discovers the mistake.000. the editor of the Botswana Business Review. the price of gold shares is stated to be P150. who had not personally read the Botswana Business Review but relied on information that Titi had communicated to him about the fall in the price of gold shares also lost P1 00. Tanwi is shocked to read about the dramatic drop in the prices and immediately instructs his broker to sell all his gold shares.00 because of the mistake.00 instead of P1500. charging the normal commission but the shares rise in value from P1 . Sebelo.00 to P2. Advise Tanwi and Sebelo.Question Three James has contracted with Gabs C. Because of an error in a computer print-out.00. Titi.000. The broker does so.500. suspects that something is wrong but because of pressure of time. [20 marks] . Titi's cousin. the Botswana Business Review. he allows the error to remain uncorrected. Itd to provide a survey of shares on the Botswana Stock Exchange in their weekly newspaper.

ii) Discuss. [10 marks] [Total: 20 marks] END OF QUESTION PAPER .SECTION B Question i) Four Discuss the actio de pauperie [10 marks] ii) In what circumstances will the Government of Botswana be liable for the act or omissions of a public officer? [10 marks] [Total: 20 marks] Question Five i) Can there be defamation of a state-owned corporation? [10 marks] Fair comment is based on the fundamental principle that honest and fair criticism ought to be and is recognised in any civilised system of law.

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