University: Banja Luka

Faculty: Law
Academic year: 2019/2020
Term: Summer/II
Course: Legal English
Type of assessment: 1st written assessment
Date and time: 9 April 2020

FIRST TEST OF LEGAL ENGLISH

Points:........../14

1. Natalie has a professional stylist named Nancy colour her hair stawberry blonde. When she gets
home and looks closely in the mirror, Natalie can see that there is a green tint to her hair, and a
couple of days later, her hair begins breaking off. Natalie asks Nancy for a refund so she can have a
different stylist fix the disaster, but the stylist refuses.

1. Define the type of case (civil, criminal; tort, breach of contract) and the subject of the dispute.

The case is a tort and the subject of the dispute is Nancy refusing to give back Natalie a refund as
the compensation for a damage done to her hair.

2. Name parties in this dispute (injured party, tortfeasor).

Injured party is Natalie and the tortfeasor is Nancy.

3. What legal process can Natalie initiate? Against whom? Who will she become in this process if she is
the initiator?

Natalie can initiate civil lawsuit against Nancy as she was given the responsibility of dying her hair.
She will become the plaintiff in this proces.

4. What has Natalie suffered in this case at the hand of Nancy?

Natalie has suffered physical damage in form of hair loss and undesired results from hair
colouring as well.

5. Are there any chances of Nancy winning the case? Concept her defence.

She could blame the products and say that the products she used to dye Natalie’s hair were not
defective ever before, and use earlier costumers including Natalie as a proof of costumer’s
satisfaction with the results of her work with the same products.

2. John enters into a contract with a lumberyard to receive a set amount of lumber at an agreed
upon price. The lumberyard fails to deliver the lumber to John, and he ends up having to purchase
it from another company at a higher price.

1. What kind of a legal relationship is set between John and a lumberyard?

This legal relationonship is legally-binding cotract.

2. What kind of a contract is this? Name the parties in this contract.

This type of contract is called agreement of sale with fixed price. Parties in this contract are
promisor – lumberyars and promisee – John.

3. If John files a lawsuit againt the lumberyard what would be the reason and what kind of damages can
he seek?

The reason for filing a lawsuit against the lumberyard would be lumberyard’s failure to deliver the
lumber. He can seek restitution if he payed in advance or compensation.

4. In this relationship, name rights and obligations of both parties.

Lumberyard’s obligation consist in delivering the certain amount of lumber to John and the right
to be payed for thair part of fulfilling a contract.
John has an obligation to pay for the set amount of lumber when delivered and a right not to pay in
advance.

5. What has John suffered in thsi relationship?

He has suffered monetary damage.

3. Downton made a joke to Mrs Wilkinson that her husband, Thomas Wilkinson had had an
accident in which both his legs were broken and that Mrs Wilkinson should go to the Elms pub
where Thomas W. was lying to bring him home. These statements were false but Downton intended
them to be believed as true by Mrs. Wilkinson , who suffered a shock to her nervous system as a
result. Mrs. Wilkinson had no predisposition to nervous shock and the shock which caused her
weeks of suffering and incapacity was not a result of previous ill-health. Mrs. Wilkinson raised an
action against Downton for compensation for her illness and suffering due to the false
representation made by Downton.

1. What would be Mrs. Wilkinson's claim for? Explain.

Mrs. Wilkinson would claim emotional damage caused to her due to false representation which
further lead to nervous shock which caused suffering and incapacity.

2. In your opinion, could compensation be made for a person's illness and suffering following the false
representation made by the defendant?

Downton had deliberately made a false representation to Mrs Wilkinson intending to cause some
physical or mental harm to Mrs Wilkinson. Even though Downton did not intend the harm which
was caused, the injury caused to Mrs Wilkinson was not very surprising and could have been
predicted, and therefore it could be taken as intentional. With these facts in mind, I think that
compensation could be made.

4. Arizona-Sonora Desert Museum is located in a remote area of Tucson, Pima County. It is a place
where tourists can experience Arizona's indigenous landscape. Back in 2009, a Dutch tourist and
plaintiff, Zegerius, was brutally attacked by a wild javelina while touring the grounds. The victim
sustained extensive damage, including torn muscles and severed veins and arteries to his calf and
hand. So much damage was done that he was hospitalized for over a week.

1. What kind of liability is this? Who will be held liable?

This is strict liability and the owner of Arizona-Sonora Desert Museum will be held liable.

2. What kind of damages can Zegerius seek in his action?

Zegerius can seek monetary compensation for his medical bills and emotional damage.

5. Mark's face, neck and back were burned because the pressure cooker he was using could be
opened before it was depressurised. Mark opened the cooker according to its design, and the
scalding contents sprayed onto him.

1. In this product liability case, Mark's laywer may well allege negligence, breach of warranty and strict
liability. Explain each allegation.

Negligence is about the problem with the product’s design, manufacture or packaging, or in the
company’s failure to warn about safety precautions.
Breach of warranty refers to the failure of the manufacturer to fulfill the terms of a claim
concerning the quality of a product.
Strict liability is where even if a product was safely designed, was properly manufactured, and
contained an appropriate warning, a manufacturer of a product can be liable for injuries resulting
from use of the product just because the product caused those injuries.

2. Who can be held liable in this case?

Company that made pressure cooker can liable or if an investigation shows a certain worker of the
company made a mistake while making it, he could be liable too.

6. Steven had created a brick grinding machine adjoining to the premises of Mark, who was a
medical practitioner. The brick grinding machine generated lots of dust, which in turn polluted the
atmosphere. The dust that was generated due to the brick grinding machine entered Mark's
consulting chamber and caused physical inconvenience to Mark and his patients and a red coating
on the clothes which was clearly visible.

1. What kind of tort is this? What kind of relief can Mark seek in this case?

This is a private nuisance, therefore Mark can seek an injuctional relief in this case.

2. Can Mark seek any damages?

He can seek an adequate compensation by a money payment because of potentional loss of patients.

7. The claimant agreed to build two houses and stables for the defendant. It was agreed that £565
would be payable on completion. The claimant commenced performance and then ran out of money
and was unable to complete. He had performed just over half of the contract. The defendant
completed the work himself. The claimant sought to recover £333 representing the value of the
work he had completed. He argued that in completing the work himself, the defendant had thereby
accepted partial performance and prevented the claimant from completing the contract.
1. Who breached the contract?

The claimant breached the contract.

2. Name the obligations in this contract on both sides.

Claimant’s obligation is to build two houses and stables. The defentant’s obligation is to pay £565 to
claimant on completition of his work.

3. Will the claimant's action be successful? Is he entitled to the claimed amount?

The claimant’s action will fail because defendant had no choice but to accept partial performance
as he was left with an unfinished house. The claimant was not entitled to the claimed amount for his
partial performance of the contractual works, because he abandoned contract.