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.

SECTION A Question One

Khama Ltd, operate boats carrying goods up and down the River Moremi. All captains of these boats are forbidden by Khama Ltd to give lifts to anyone who is not an employee of Khama Ltd. In the cabin of each boat where passengers normally travel, is a notice which states: "Drivers are forbidden to give lifts to anyone who is not an employee of Khama Ltd. 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." One day, Letamo, the captain of one of Khama Ltd's boats gave a lift to Matilo, who was blind and his girl friend, Kate, who could not read English. Prior to commencing this trip, Letamo had been drinking heavily with Bogosi, an employee of Khama Ltd, to whom Letamo had also given a lift. On the trip, Letamo fell asleep at the wheel, the boat went out of control and crashed into the river bank. Matilo, Kate and Bogosi are injured.

i) ii)

Advise Matilo, Kate and Bogosi. Would your answer be different if the accident had been caused, not by Letamo's drinking and falling asleep, but by faulty repair to the boat carried out by Masala, 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. Molefe, 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, he loses the profit that he usually makes during the festival. Molefe's motive is to increase the trade in his bottle store, while Lawura believes that strong drink is contrary to the law of God.

Advise Moseki as a to whether he has any remedy. [20 marks]

Question Three
James has contracted with Gabs C. Itd to provide a survey of shares on the Botswana Stock Exchange in their weekly newspaper, the Botswana Business Review. Because of an error in a computer print-out, the price of gold shares is stated to be P150.00 instead of P1500.00. Titi, the editor of the Botswana Business Review, suspects that something is wrong but because of pressure of time, he allows the error to remain uncorrected. Tanwi is shocked to read about the dramatic drop in the prices and immediately instructs his broker to sell all his gold shares. The broker does so, charging the normal commission but the shares rise in value from P1 ,500.00 to P2,000.00 before Tanwi discovers the mistake. Titi's cousin, Sebelo, 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 00,000.00 because of the mistake.

Advise Tanwi and Sebelo. [20 marks]

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.

ii)

Discuss.
[10 marks] [Total: 20 marks]

END OF QUESTION PAPER