Question
1. Brett is about to employ several engineers and designers to work with him. It will be a common process for them to 'brainstorm' new
1. Brett is about to employ several engineers and designers to work with him. It will be a common process for them to 'brainstorm' new ideas and inventions, discussions which will not necessarily be recorded, but may contain very valuable commercial information. Is there any way Brett can protect this information from being passed on to third parties without his permission? Explain in details.
2. Antonella was a street performer who had detailed ideas for a TV series based on her experiences travelling around Australia. She did not write down the idea as she as afraid someone would steal them. She eventually passed them on to Debbie, a freelancer producer who promised to research the production costs for the series. Debbie went ahead and made a series based on Antonella's idea, which was written by an experienced scriptwriter. Advise Antonella of her legal rights and likely outcome. In your answer consider the court she would use and brief her on whether there are viable alternatives to using the court system.
3. Your clients, Tom and Margaret, believe they may have been given incorrect financial advice by their former Accountant, which was resulted in them sustaining a financial loss. Explain the principles of negligence and negligent misstatements that may apply.
4. The State legislation addresses both the standard of car required of professionals and a defence for professionals if accused of breaching that standard care. What risk management practices would you advise a business client in details to put in place to minimise the likelihood and consequences of a breach occurring in the course of their business activities?
5, Denny is an engineer whose core business is the design and construction of prototype products on a project basis. The business is run from workshop and office premises which Danny rents.
When a client attends the workshop for a scheduled meeting, poorly stored materials collapse, causing the client serious injury.
Danny will be liable for her client's injury because of:
- Negligent misstatement
- Moral responsibility
- Occupier's liability negligence
- Product liability negligence
Please explain each of above in details.
6. Risk management is of great concern to the firm and regular presentations are made to the staff on this subject.
A senior member of your firm asks you to undertake the foundation work for her presentation by preparing answers to the following questions:
- What are the three prerequisites needed to establish negligence? Explain your answer in details.
- What is the significance of the 'Good Neighbour Principle'? Explain your answer in details.
Describe the possible defences available to a defendant when a negligence action is brought against them. Explain your answer in detail
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