Question 1:

The Executive, the Legislative and the Judiciary are the three organs created by the Constitution of Mauritius. The Judiciary is, by virtue of the Constitution, vested with the power and responsibility to administer justice in the Republic of Mauritius. The Constitution provides for two main mechanisms aimed at ensuring that the Judiciary remains independent and free from pressure and influence. What are those two main mechanisms and explain how they perform those functions.

Question 2:

A Parties to a contract are free to negotiate and insert any clause they wish to in their contracts regardless of the nature and the content of such clauses. Discuss.

B What are the elements that an aggrieved buyer must prove when entering a case in court based on "garantie des defauts caches" against a sellor?