Question
1. Amanda is a client who owns and operates a shop selling hats and caps, in Perth, Western Australia. Amanda supplies the hats both as
1. Amanda is a client who owns and operates a shop selling hats and caps, in Perth, Western Australia. Amanda supplies the hats both as a wholesaler and retailer. On Monday, Matthew attended the shop and chose and purchased 2 Trucker caps. Matthew was also interested in purchasing a hat-stand but the only one available was in pieces in a box and required construction. Amanda agreed that if Matthew wished to purchase and pay for the hat-stand immediately, she would construct it that afternoon and Matthew could collect it on Tuesday. Matthew agreed and decided she would also collect the Trucker caps the next day. Unfortunately, on Monday night and electrical fault in the shop next door caused a fire which spread to Amanda's shop and its contents were destroyed. Matthew arrived to collect his caps and the hat-stand on Tuesday morning, but finding them destroyed, demanded the return of his money. Amanda refused. who bears the cost of the caps and hat-stand, Matthew or Amanda? Explain your answer. Note: There are factual and legal differences between the caps and the hat-stand, should be discussed separately.
2. Your client Amanda also received an order for 15 Akubra hats from Melaine, the owner of a Souvenir shop in Broome. The 15 hats were dispathced in Amanda's delivery truck with a further 50 hats to fill two other orders in Broome. In further blow, the delivery truck was involved in an accident on the way to Broome causing great damage to the hats. When Melanie finally received the hats, she refused to accept them because of their seriously damage condition, and refused to pay for the order, insisting that it was not her loss to bear. Who bears the cost of the Akubra hats, Melanie or Amanda? Explain your answer.
3. Seth is a client who operates a sportingh goods shop, 'Life's A Ball'. Seth has recently visited his regular supplier and purchased what he believed to be 20 full size netball rings to sell to customers in his shop. He attended his supplier's warehouse and chose the netball righs relying on the description on the boxes in which they were contained and also on the recommendation of the supplier who stated that they were suitable for all adult netball competitions. On upacking one to put on display, seth discovers that it is a 'junior' size only, a full metre smaller than full size. The supplier also showed Seth a sample of a new cricket top which was made from a fabric the same colour and weave as the uniforms of the Australian cricket team. Seth believes the tops will sell well and ordfers 50 in various sizes. When they are delivered to Seth's shop a week later, they are a slightly different colour and a very different weave from the sample. Seth seeks your advice as to what action he may take. Give reasons for your recomendation in details.
4. Frank owns a delivery business as a sole trader. The business operates ten (10) moving trucks, each worth approximately $150,000, five (5) of which Frank owns freehold. Frank would like to expand his business further but does not wish to mortgage his home to raise the capital required. What details would you advise him to do?
5. Waht actions would you advise a prudent business client to take to minimise the risk of breach of condience taking place?
6. Tommy is a talented and creative engineer who has recently left his previous employer and started his own business. Ideal Made Real Pty Ltd
He has the following questions concerning intellectual property protection.
- During his employment Tommy created an accounting software which increased the efficiency of most accounting processes and functions. Tommy's employer decided not to produce and sell it immediately because it would be very expensive to produce but may produce later. Tommy intends to process and market the accounting software himself in his new business.
Is Tommy legally able to do so and what is legal consequences may arise? Give reasons for your answer.
- Tommy has seen copyrighted plans and drawings for products that he thinks his own company could profitably make. He Tells you that it is his understanding that as long as he 'changes the plans by 10% then he will not be infringing anyone's copyright'. Is his statement correct? (yes or no answer is required and your explanation to support your answer) Explain to Cameron how infringement of copyright is addressed by the courts.
7. Jimmy is a Qantas flight attendant. At a street stall in Bangkok, he purchases six (6) DVD videos of a new movie for the equivalent of $10. He keeps:
a) one copy for his own use,
b) Gives two to friends,
c) Sells the other three for a small profit
Explain whether Jimmy has breached copyright on above three situations.
8. Peter invents a new kind of baby's drinking cup that dramatically decrease the chance of spillage. Advise him in details what kind of patent to apply for and the main factors that will determine whether he is successful.
9. Explain in details whether the following original creations would be eligible for copyright protection.
a) an engineer's sketches of a design for a power station
b) a copy of a newspaper article in which about 10% of the words have been changed
c) a video (without sound) of dance performance
d) a 4-year-old child's water colour painting
e) a sketch of a computer desk that has been manufactured
10. Jim designs a new kind of groove in the bottom of a cockroach trap.
a) what protection if any, he is entitled to?
b) how should he attempt to secure this protection
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