The coverage areas of assessment include but are not limited to contract law, occupier’s liability, intellectual property rights, consumer protection, and risk management. This can be made up of several questions with hypothetical facts to which has to be applied to a legal position. They include questions on topics like breach of confidence; liability which may be incurred when allowing third parties to use premises; protection of trade secrets; infringement of copyright; and unfair business practices. The assessment is in the form of tests, which aim at checking the knowledge of legal particulars as well as their ability to work with such concepts practically. It also tests the student’s awareness of laws and legal requirements for instance the Design Act 2000 and other consumer protection laws. The questions are analytical in nature as most of the questions demand justification of an answer or explanation of a legal procedure.
Synopsis
Shown below are the solutions and they reveal a good understanding of the legal principles in the different scenarios. In the field of contract law, the answers propagate the understanding of the team of conditional and unconditional contracts as well as the transfer of ownership. Regarding occupier’s liability, the solution is absolutely right by identifying the correct legal rule for the problem and it also justifies why the other choice is wrong. Regarding the questions on intellectual property, the answers describe different protection possible: patents, copyrights, trademarks, and so on and describe how to get the protection of design. The solutions also bust myths relating to copyright infringement, and demonstrate how courts decide such issues. As for consumer protection, the answer provides the procedure for filing a complaint under consumer protection laws. Last but not least, for risk management, the solution contains a detailed list of the steps to reduce the probability and impact of the breaches.
The analysis of the case shows that the cost of the caps and hat-stand should be paid by both Matthew and Amanda. The reasons are given. In the unconditional contract where Matthew purchased hats but kept them in the shop, ownership is transferred to her. it is also found that if he buyer is responsible to bear the cost of damage if the sale has taken place already. However, as the sale was made already, Amanda was not responsible to pay the cost of hats. Therefore, an unconditional contract is made between Matthew and Amanda. On the other hand, a conditional contract is made between Amanda and Matthew to sale the hat-stand. The hat-stand was promised to be delivered once it was manufactured by Amanda. Thus the sale was not completed at that moment. Therefore, Amanda has to bear the loss of Hat-stand.
The answer whether Denny will be liable for injury of client is provided.
The occupier liability negligence is the right answer of this question. The occupiers liability act reveals that occupier must show a due to care related to dangers due to premises conditions. As the placement of materials is dangerous for visitors, Denny needs to be aware of his liability to maintain the condition of premises. Therefore, this answer is correct.
Answer
Amanda received the order from Melanie to dispatch Akubra hats and she was sending her own truck to send hats. However, the truck met an accident and hats were damaged. In this case, Amanda was responsible to pay the damage. It is found that when any goods are damaged during transit, the carrier should become responsible for the damage. In this case, as Amanda sent orders from her own truck, she is liable to pay the damage. Here, the FOB term is not applied that states that buyer is responsible for damage of products (Indialawoffices, 2023). Therefore, Amanda has to compensate the damage by sending fresh hats. As Melanie did not pay anything in advance, the transfer of ownership did not take place. This fact also implies that Amanda is responsible to pay for the damage
Tommy created accounting software enhancing the accounting processes and functions. However, Tommy’s employer did not approve this software due to high cost to make it. Therefore, Tommy himself intends to market the accounting software under a new company Ideas Made Real Pty Ltd. Whether Tommy violates the intellectual property rights or not is dependent on confidentiality clause. If he signs a confidentiality clause with his employer, he cannot use the software to sell even after leaving the company. confidentiality is applied when employer protects trade secrets. Therefore, he signs an employment contract to restrict any employee to share any information to other party or use it commercially. Therefore, Tommy needs to first be aware that whether he has signed a confidentiality clause with employer or not. Also if he does not have any confidentiality clause, there comes a duty of fidelity where employees are expected to not disclose relevant information or use such information for own profit that is learned by employees during employment. In such case as well, Tommy can be sued to breach intellectual property rights of employer (Nyaya, 2022).
To minimize the likelihood and consequences of brach in risk management, standard of care for professionals are elaborated. The first element is establishing a clear risk management framework. Such framework must be well defined as it offers various advantages such as clarity, consistency, and compliance and efficiency. The second element for minimization of risk occurrence and likelihood is continuous risk assessment. Such approach can have several advantages such as risk management approach can have a proactive approach to mitigate risks. Therefore, risk registers, and scheduled reviews need to be applied. Diversification strategy can also help the business client to minimize occurrence and likelihood of risks. The next strategy is to develop a strong incident response plan. In this plan, identification of incident and its classification can be applied. Further, a response team, and containment strategies must be applied by the business client to mitigate risks likelihood and occurrence. Awareness through employees training can also help business client to reduce likelihood and occurrence of risk. Regular review of mitigation strategies can also be useful to minimize risk likelihood and occurrence (Smith, 2023). These strategies must be implemented by the business client to reduce risk likelihood and occurrence
DLA Piper, (2023). Substantial similarity in copyright: it matters where you sue. Retreived from
https://www.dlapiper.com/en/insights/publications/intellectual-property-and-technology-news/2022/ipt-news-q4-2020/substantial-similarity-in-copyright
Encyclopaedia (2023). Responsibility, Moral and Legal. Retreived from
https://www.encyclopedia.com/humanities/encyclopedias-almanacs-transcripts-and-maps/responsibility-moral-and-legal
GRR, (2023). Copyright and the Myth of the “Ten Percent Rule”. Retreived from
https://grr.com/publications/copyright-myth-ten-percent-rule/
Indialawoffices, (2023). Who is Responsible if Goods are Damaged in Transit in India? Retreived from
https://www.indialawoffices.com/legal-articles/who-responsible-goods-damaged-in-trnasit-india#:~:text=The%20carrier%20shall%20be%20liable,damage%20to%20goods%20during%20transit.&text=The%20carrier%20shall%20be%20liable%20for%20the%20loss%20or%20damage,certain%20term%20of%20the%20contract.
Nyaya, (2022). Confidentiality Cluse/Non-Disclosure Clause. Retreived from
https://nyaaya.org/legal-explainer/confidentiality-clause-non-disclosure-clause/#:~:text=The%20confidentiality%20clause%20applies%20not,file%20a%20ca
se%20against%20you.
Openstax, (2023). 12.1 Unfair Trade Practices. Retrieved from
https://openstax.org/books/business-law-i-essentials/pages/12-1-unfair-trade-practices
predictable designs (2023). Patent, copyright, trademark, or NDA: how to protect your idea. Retreived from
https://predictabledesigns.com/patent-copyright-trademark-nda-ways-protect-idea/#:~:text=The%20best%20and%20most%20well,improved%20product%20that%20is%20useful.
Smith, G. (2023). 8 Essential Risk Mitigation Strategies for Today’s Businesses. Retreived from
https://www.piranirisk.com/blog/risk-mitigation
WIPO, (2023). How to Protect Designs? Retrieved from
https://www.wipo.int/designs/en/protection.html#:~:text=How%20to%20Protect%20Designs%3F,grant%20protection%20to%20the%20design.
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