Question
Basil's Bicycle Store provides Simon's Transport Shop with a Specialized Tour-de-France replica bicycle, a very expensive model made from carbon fibre with laser-actuated gear shifting,
Basil's Bicycle Store provides Simon's Transport Shop with a Specialized Tour-de-France replica bicycle, a very expensive model made from carbon fibre with laser-actuated gear shifting, a surround-sound horn, and electric hybrid brakes. The bicycle is to be used for promotional purposes, and has the logos and branding of Basil's store prominently displayed. Basil is hoping that through this marketing exposure to Simon's customers, his business will sell many bicycles.
a. Simon takes an interest in the bike, rides it on a few weekend rides, and decides to keep it for his own personal use. Simon has refused Basil's requests to return the bicycle. Discuss the tort that Simon's Transport Shop may have violated and the remedies available to Basil, and what Basil might need to prove in order to successfully receive compensation.
b. Now assume that Simon was offered $20,000 by a customer for the bicycle and sold it to them. The customer has now moved to Western Australia and cannot be contacted. When Basil asks about the bicycle Simon has refused to respond, and has not returned the bicycle. Discuss the tort that Simon's Transport Shop may have committed, the remedies available to Basil in that tort, and what Basil might need to prove in order to be successful in court.
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