Q1. Trespass to the person - assault, battery and false imprisonment
As Meridee left a department store with two workmates, she was stopped by a large male store detective who accused her in a loud voice of having stolen an expensive blouse. The detective took her arm and gently, but firmly, led her to an interview room. He insisted on searching her bag and called in a female assistant to conduct a body search. The blouse was not found. Meridee asked to leave, but was kept in the room for another 20 minutes until the manager arrived. She apologised for the inconvenience and explained that the store lost thousands of dollars through shoplifting. Advise Meridee what legal action, if any, she could take and any defences available to the store. (This question is based on an actual case.)
Q2. Outline the main differences between the tort actions of trespass to goods, conversion and detinue.
Q3. Briefly explain, with examples, the main differences between a public and a private nuisance.
Q4. Identify which intentional tort actions would be appropriate in the following circumstances and briefly explain your answer:
(a) a neighbour who is continually playing loud music;
(b) teenagers who regularly save time by walking through a person's backyard despite being asked not to do this;
(c) a neighbor who has fenced off part of a public reserve adjoining his property;
(d) a customer of an antique bookseller who has not returned some books he was allowed to take home for inspection.
Q5. Greg, an environmental activist in a country town, put up posters claiming the local Member of Parliament, Harriet Sherwood-Baker, has been helping a large developer to rezone local bushland for housing. Greg genuinely believes his claims, but cannot prove them. The local newspaper published the text of the posters and interviewed Greg. The editor did not ask Harriet for her response because she has not returned his telephone calls for weeks, Harriet sues Greg and the newspaper for defamation. Explain whether either Greg or the newspaper has committed defamation and what defences, if any, are available. Who is likely to win?
Q6. Five nurses complained to the Health Minister about management practices in their hospital. The minister asked them to put their complaints into writing. The letter they sent critiased the competency and honesty of a senior manager. The minister read out the letter in Parliament and a copy was left in the hospital staffroom where it was read by several nurses. Explain three defences to defamation that may be available to the minister and the nurses. (This Question is based on an actual case.)
Q7. Briefly explain whether the following original items could quality as literary works capable of being protected by copyright:
(a) a recipe written out by a chef who died in 1949;
(b) a written title, BashGo, for a board game inspired by rally driving;
(c) a sound tape of an obscene joke;
(d) a design of a koala on a tea towel;
(e) a list of people who have won prizes in a competition.
Q8. Theresa Delicioso, a famous television soapie star, returns to her old school to talk about how she became a celebrity artist. She speaks for an hour without notes and reveals more about her life story than she intended. Dominique, a Year 12 student, uses her own words to record a report on Theresa's speech. She sells the tape to Keyhole, a gossip magazine. Theresa claims copyright in the recording and the article. She is seeking damages against Dominique and an injunction to stop Keyhole from further publication or selling the tape or other publishers. Explain whether Theresa is likely to succeed.
Q9. Dagmar invents a new kind of baby's drinking cup that dramatically decreases the chance of spillage. Advice her on what kind of patent to apply for ands the main factors that will determine whether she is successful.
Q10. Explain the differences between standard patents and innovation patents.
Q11. Briefly explain whether the following signs can be registered as trademarks under the Trade Marks Act 1995:
(a) a very rude word written in an artistic way by a leading Australian artist who has given permission for its use as a trademark;
(b) a children's soft drink bottle in the shape of Homer Simpson, the cartoon character-the applicant has acquired rights to use Simpson characters;
(c) the smell of liquorice used in regard to a new range of children's cookies;
(d) a 'W' sign that resembles the golden 'M' used in McDonald's trademark;
(e) a business name for an accounting firm that includes the words 'best practice'.
Q12. Mendes has created a popular cartoon character called Electrobolt who draws his power from natural electricity sources. His well-known catch-cry is 'Like a bolt from the blue!' Mendes has never registered Electrobolt as a trademark or a design. AustralPower, an electricity supplier, is running a series of advertisements showing a character who looks like Electrobolt and who cries 'Like a bolt from Austral' Advise Mendes on his legal rights and the likely outcome.
Q13. Melicia 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 ideas as she was afraid someone would steal them. She eventually passed them to Lenia, a freelance producer, who promised to research the production costs for the series. Lenia went ahead and made a series based on Melicia's idea, which was written by an experienced scriptwriter. Advise Melicia of her legal rights and the likely outcome.
Q14. Briefly explain the principle that were established in Donoghue v Stevenson.
Q15. I've failed three driving tests. I'm never going to get my licence', Dietrich tells his uncle at a family birthday party. 'Nonsense!' says his uncle. 'We're going in my car right now. I'll teach you in half an hour.' Dietrich reluctantly agrees. Soon after, while driving his uncle's car, he brakes too hard and rolls the car, injuring his uncle. Does Dietrich owe his uncle a lesser standard of care because he is a learner driver? Explain.
Q16. The driver of a truck that is transporting oil falls asleep and crashes. The oil spill causes two cars to skid and collide outside a school. The father of a child who attends the school hears the news on the radio. He is so upset that he runs his car off the road and crashes into a tree, badly damaging his car which is not insured. Explain which losses, if any, the employer of the truck driver will be liable for.
Q17. Lok suffers several broken bones when playing football on the weekend and intends to sue the football club for damages. What must the club establish to successfully argue voluntary assumption of risk?
Q18. Doreen, with the aid of crutches, is shopping in a suburban shopping centre. She notices a sign warning that the floor is wet and slippery, but there is no alternative route available. Although she takes special care, she falls and breaks her hip. Is the shopping centre liable in negligence to Doreen?
Q19. Kelra invests her retirement, funds in XYZ Ltd based on the latest audit report of Smart & Co Auditors. Kelra has no accounting or financial knowledge so she found it very difficult to really understand the report which was written in technical language. Explain whether Smart & Co Auditors owe a duty of care to Kelra. Refer to the concepts of 'control', 'vulnerability', 'reasonable reliance' and 'assumption of responsibility', as well as relevant cases.
Q20. Explain the difference between real property and personal property
Q21. What does the term "equitable interest" in hand mean? Give an example
Q22. Oliver and Rose exchange contracts to buy a house. After settlement of the contract, they notice that some of the forms they had been when impacting the house before signing the contract have been removed. None of the terms were separately included in contract. Advise Oliver and Rose whether they have the right to demand the return of these terms. (i) dishwasher (ii) person rug in the lounge room (iii) small above ground pool in the backyard.
Q23. Bean is an electrician, Two weeks ago he completed some major work on jilly's house and sent her an invoice for $8000 that has not yet been paid. Bean is worried that jully intends to sell her house and disappear without paying. Bean lodge a caveats on the title to jully house and claims the caveats will remain until she pays her the money owing. Discuss
Q24. Power of sale: Mortagee's duties
The Mathoon Timber Company (MTC) held a mortage has maturity for a loan of $2000 over a timber yard run by the billydrop family. The mortage was in default and the MTC advised that it would sell the yard by auction in two months. The billydoup family pleaded with the MTC to wait for four months until a Canadian company, which appeared willing to pay $400,000 for the yard, had sold off other assets and was ready to buy. The MTC reused. It can an advertisement in local paper which started" auction sale of three become timber yard in a reasonable location. Building in poor contion. Not copied resident. Mortage sale. Going cheap, The timber yard for $200,000. Advice the bilydoup family of their rights and the lady outcome if they about legal action.