Question Synopsis 

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.

  • Subject Name : Law

Synopsis

Answer 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.

Question: Actions advised to a business client to minimize the risk of breach of confidence.

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 option negligent misstatement shows that facts are represented incorrectly and such facts are made without care. Here no negligent misstatement is made by Denny about keeping materials in hazardous way.
  • Moral responsibility refers that persons should be morally responsible to those activities that they commit. It reveals that a person can be morally responsibility he if does something personally. It is also found that mens rea shows a mental state of a person. It may be the state showing reckless approach, negligent or purposeful approach (Encyclopaedia, 2023). Here, it may be said that Denny is negligent about placement of materials. However, in this incident, Denny is not involved directly causing serious injury to client. Therefore, moral responsibility is not the correct answer.
  • Occupiers liability negligence

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.

  • the product liability negligence is a failure of a company to fulfil the legal standard in a product to provide care and safety to customers. Here, the person visited the place but could not be harmed by consuming a product. Therefore this answer is incorrect.

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

Question: Jim designing the new kind of groves answers

  1. The protection that he is entitled to enjoy is mentioned. Utility patent is protection available for Jim. Such patent can help to protect design of an improved product. The next protection available is provision patent application. Jim can apply for this to protect the design. The design patent is also available to protect design of the product. Thus the visual elements of the design of the product can be protected. Copyright can also protect the design however; Jim has to prove that design carries a creativity element (Predictable designs, 2023). Jim can also choose a trademark that legally protects new product’s elements. Further he can choose a non-compete agreement during the development of the product. These are the protection available for him to choose.
  2. The design act 2000 protects designs of products. The act defines that shapes, patterns, configuration and ornaments can be considered creative designs. Further, the design act requires that the design must be exclusive made by any person to acquire design right. The process of design protection requires to file an application with required fee. Examination of the design is conducted to know whether the design meets the administrative requirements. Third, the protection to design is granted onece it is found that there is no refusal to the proposed design. The duration of design may vary according to different laws of different countries (WIPO, 2023). Thus, this process needs to be followed up by Jim to protect design.

Tommy and Intellectual Property Protection Answer

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).

Tommy Believes that Changing the Design by Ten Percent Cannot Infringe Copyright

  • a) The statement is not correct. Therefore, a no is correct in this regard. In this regard, a case of Nation and Time is illustrated. Nation a magazine published excerpts that Time was going to publish by changing some of content. However, the Supreme Court identifies that it was a copyright infringement. Also practical constraint also exists as the court may not justify what forms a ten percent of a new design (GRR, 2023). Thus, it is a myth that Tommy has in his mind.
  • b) The court establishes a copyright infringe by considering that defendant accessed work of plaintiff and defendant work is significantly similar to the work of plaintiff protected by copyright law. Courts examine the literary work by considering movies, television shows and books and similarities with the work. They also identify concepts of work as well as sequence, character, setting, etc. to determine whether the work is subjected to copyright infringement. Substantial facts are analyzed by conducting intrinsic and extrinsic tests whereas extrinsic test analyzes similarities present in two works and filters out any unprotectible element. The intrinsic test compares protective elements of work and takes into account feel and concept factor (DLA Piper, 2020). Thus various factors are considered by the courts to consider whether there is any copyright infringement takes place or not.
  • Seth needs to consider these things to take actions. He received wrong items from suppliers. Therefore, it shows a case of unfair trade practices. The unfair trade practices such as delivering false or wrong products is prohibited by consumer protection act. The section 5(a) mentions that unfair trade practices are such practices deceiving consumers (Openstax, 2023). Therefore, Seth can seek punitive damages against suppliers by filing a case and mention the section 5(a) of the consumer act. Complaint needs to be filed by Seth in the district forum. This compliant must be notified by the state government for that district where the defendant or supplier resides. The compliant can also be filed in that district where the action of misleading sale takes place. Thus, these considerations must be considered by Seth to file a complaint against suppliers.

Question: Minimizing the likelihood and consequences of a breach

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

References

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.

You Might Also Like:

Australian Discrimination Law Assignment Help

Jane Case Study Law Assessment Answer

Weather The Online Agreement is Enforceable in Contract Law

 

Hey MAS, I need Assignment Sample of

Distinctive Advantage

  • 21 Step Quality Check
  • 24/7 Customer Support
  • Live Expert Sessions
  • 100% Plagiarism Free Content
  • 0% Use Of AI
  • Guaranteed On-Time Delivery
  • Confidential & Secure
  • Free Comprehensive Resources
  • Money Back Guarantee
  • PHD Level Experts

All-Inclusive Success Package

  • Turnitin Report

    FREE $10.00
  • Non-AI Content Report

    FREE $9.00
  • Expert Session

    FREE $35.00
  • Topic Selection

    FREE $40.00
  • DOI Links

    FREE $25.00
  • Unlimited Revision

    FREE $75.00
  • Editing/Proofreading

    FREE $90.00
  • Bibliography Page

    FREE $25.00
  • Get Instant Quote

Enjoy HD Grade Assignments without overpayingSave More. Score Better. Bless YOU!

Order Now

My Assignment Services- Whatsapp Get 50% + 20% EXTRAAADiscount on WhatsApp