Australian Law Answers

Required: How intellectual property rights could be legally protected in the following:
a) A published book containing a compilation of lyrics written by popular singer/songwriter, Amoli.
b) An arrangement of rusty car parts that Boris has placed in his front yard and that he considers to be art.
c) The logo for Australia’s largest bank.
d) Einstein’s theory of relativity.
e) A dress design that is generic.

Explain how and why a consumer would make use of s18 of the Australian Consumer Law (ACL).

The Canadian Resource Centre for Victims of Crime (2011) states that victims display four psychological reactions to crime. Which option below refers to the victim’s third psychological reaction to crime?

Misinformation with regard to human trafficking is often fuelled by unreported, significant elements. These are

Jim, Kit and Erik are out and about having fun in Melbourne. They stop by a café and Jim goes to

the counter to buy some drinks. He finds some fancy bottles of soft drink he hasn’t seen before.

He buys three. The friends are having a lively conversation as they drink their drinks. All of a

sudden Kit starts coughing and spluttering. He then goes purple in the face. He is clearly choking.

Erik, a trainee nurse, grabs Kit around the middle and pushes his clenched fist just under Kit’s

chest. Kit coughs up a small plastic ball. This was part of the bottle top and has come loose. Kit

starts crying and is comforted by Jim. Kit is very distressed as he realises what might have

happened if Erik had not been there and had not had the necessary training. Kit has since been

diagnosed with clinical depression and has not been yet been able to resume his University

studies.

Required: Does Kit have an arguable case in tort law? Who would he sue? On what

grounds?

Strawberry Corporation bought 200 tones of strawberries from ABC Company under a contract. The contract was stating that the strawberries are to be delivered in 5 different containers at 40tones each. After each delivery, Strawberry Corporation was to pay 20% of the price. ABC Company delivered the items as agreed, but Strawberry Corporation failed to pay the last installment of 20% of the price. After repeated reminders for payment, the owner of ABC Company started a media campaign against Strawberry Corporation and destroyed their reputation in the market. As a result, Strawberry Corporation lost part of their clients. Advise Strawberry Corporation and ABC Company. What are the available legal options for them?

Family Law: What is divorce?