Harry bought a second-hand laptop from Acer Office Equipment for $900 and spent a further $250 having it overhauled. After using the laptop for some six months, the police arrived at his home one day and asked to examine the laptop. They discovered it had been stolen and seized it from him. It was eventually returned to its true owner. Required: Advise Harry of his rights, if any, under the Australian Consumer Law, against Acer Office Equipment. Do not answer the question using contract law principles
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Harry bought a second-hand laptop from Acer Office Equipment for $900 and spent a further $250 having it overhauled. After using the laptop for some six months, the police arrived at his home one day and asked to examine the laptop. They discovered it had been stolen and seized it from him. It was eventually returned to its true owner. Required: Advise Harry of his rights, if any, under the Australian Consumer Law, against Acer Office Equipment. Do not answer the question using contract law principles
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- What legal duty, if any, does the physician owe the person? Please explain in detail. Assuming that the physician has a legal duty towards the person, did the physician breach that legal duty? Please explain in detail. Assume that the physician knew that they were infected with a communicable disease and purposefully performed the CPR, although others at the scene could have performed it; what intentional tort(s), if any, has the physician committed against the person? List the tort(s.) What possible defense(s) does the physician have against a tort action by the person.Mr Grump is a former employee of Fashion retail store. He was recently dismissed on grounds of committing misconduct in the workplace. Mr Grump, being very resentful over his dismissal, decided to exact revenge. He contacted his best friend Mr Y who has knowledge on hacking. Mr Grump with the help of Mr Y hacked into the Fashion online financial systems and erased important digital data. Determine whether the Fashion retail store can institute legal action, and if so, on what grounds. Make reference to relevant case law and legislation in your answer.Joseph Burger was the owner of a junkyard in Brooklyn, New York. His business consisted, in part, of dismantling automobiles and selling their parts. The state of New York enacted a statute that requires automobile junkyards to keep certain records. The statute authorizes warrantless searches of vehicle dismantlers and automobile junkyards without prior notice. One day, five plain-clothes officers of the Auto Crimes Division of the New York City Police Department entered Burger’s junkyard to conduct a surprise inspection. Burger did not have either a license to conduct the business or records of the automobiles and vehicle parts on his premises, as required by state law. After conducting an inspection of the premises, the officers determined that Burger was in possession of stolen vehicles and parts. He was arrested and charged with criminal possession of stolen property. Burger moved to suppress the evidence. Did Burger act ethically in trying to suppress the evidence? Does the…
- Ann took Bonnie’s watch before Bonnie was aware of the theft. Bonnie discovered her loss immediately and pursued Ann. Ann pointed a loaded pistol at Bonnie, who, in fear of being shot, allowed Ann to escape. Was Ann guilty of robbery? Of any other crime?Leon A. Tashof operated a store known as the New York Jewelry Company. The store was located in an area that served low-income consumers, many of whom had low-paying jobs and had no bank or charge accounts. About 85 percent of the store’s sales were made on credit. The store advertised eyeglasses “from $7.50 complete,” including “lenses, frames and case.” Tashof advertised this sale extensively on radio and in newspapers. Evidence showed that of the 1,400 pairs of eyeglasses sold by the store, fewer than 10 were sold for $7.50; the rest were more expensive glasses. The Federal Trade Commission sued Tashof for engaging in bait-and-switch marketing, in violation of Section 5 of the Federal Trade Commission Act. a) Explain what a bait and switch is. b) Was Tashof’s conduct in this case ethical? c) Who wins, and why?Betty went to the cinema to watch the premiere of Hulk Mister. She bought the ticket and went into the cinema. As she sat down on the chair, the legs of the chair broke and she fell onto the ground injuring her lower back. It turned out that the chair was previously broken and has not been properly repaired by the staff of the cinema. She was hospitalised for a month and could not work during the time she was in the hospital. Required: Betty wants to start legal proceedings to claim damages from the cinema for the injury. Advise her of the legal grounds on which she can claim compensation from the cinema and discuss, with reference to relevant legal principles and cases, the necessary steps that Betty needs to go through in order to prove her case.
- Lucy cannot stand the fact that her ex-husband, Ethan, is about to get remarried. After all, it was a horrible breakup, and Ethan was really mean to her. Lucy decides to get her revenge by telling Ethan’s employer that Ethan stole large amounts of money from his previous employer, even though Lucy knows it is not true. If Lucy follows through on her plan, she will have: a) not committed the tort of defamation because the statement would not harm Ethan’s reputation. b) committed the tort of defamation because it is an untrue statement intended to harm Ethan’s reputation, and she stated it to another person. c) not committed the tort of defamation, because she only made the statement to one person.Erin is a lawyer with twin sons that are 12 years old. Erin is resting in her bedroom when she hears loud noises in the family room. She springs up, runs to the family room, and sees one son, Phil, punch the other son, Kip. Erin immediately orders Phil to stay in his room for the rest of the day and to not use the internet for 48 hours. As Phil mopes along the hallway to his room, Phil shouts. "Kip punched me first!" What legal principle would Erin recognize Phil's remark as being? O ad hoc because Phil is adding an accusation against his opponent Kip. O in pari materia because Kip attacked in the same manner as did Phil O caveat emptor because Phil thinks he is right. O jus ad bellum because Kip's action is what actually started the fight (the "war") O in pari delicto because they (Phil and Kip) are at equal fault.Murray Osborne designs handbags and attaches his distinctive mark to all of them. He has registered this as a trademark in NSW. He notices that wallets are being sold at the market with the same mark, but they are not his designs. He can see that they are clearly of an inferior quality and is concerned that this will reflect poorly upon his handbags. What rights does Murray have with respect to his trademark? In your answer explain what remedies are available to him and how he should proceed. (Outline legal aspects of personal property law: intellectual property law, patents, copyrights, trademarks, personal property securities law).
- John works as an engineer for a technological company, and Maria works as a sales executive for a competitor business. Maria reminded John that her profession contains sensitive information, and she cautions him not to reveal anything he learns from her work to anyone. While attending a conference, John overheard two executives from Maria's company discussing a new product launch. He chooses to buy a modest amount of Maria's company's shares, intending to profit from the predicted increase in the company's stock price following the product launch. John double-checked his company's regulations to ensure that there was no conflict of interest or limitation on the purchase. However, as a result of unanticipated factors, the product introduction was delayed, and the stock price of Maria's company fell instead. Instead of the predicted profit, John's investment resulted in a loss. Question : In the view of conflict of interest of ethics in financial analysis, state the key points of the…In partnership with American Express, Porter Cable requests that all employees at the rank of supervisor and above apply for a corporate credit card to be used for pay for travel, training and similar expenses. Ima Krimnel, the manager of the distribution center, was issued a corporate card and used it to take her husband to Hawaii for their 20th wedding anniversary. If Krimnel does not pay the charges, is Porter Cable liable? Why or why not?The Securities and Futures Commission (SFC) has banned Mr Wang Can, a former licensed representative of China Galaxy International Securities (Hong Kong) Co., Limited (CGIS), for 30 months for misconduct (Note 1). The SFC found that Wang asked his friend to open a securities account in September 2014 and conducted personal trading in that account for at least nine months. Wang became privy to information regarding a proposed acquisition of Linmark Group Limited (Linmark) in November 2014 when he assisted CGIS to prepare pre-engagement documentation for a potential client. He went on to purchase shares of Linmark through his friend's account and sold them two days after Linmark announced the proposed acquisition on 3 December 2014 and made a profit of $7,800 (Note 2). Wang breached CGIS' staff dealing policy by failing to disclose to his then employer his personal trading activities and beneficial interests in his friend's account. He also breached CGIS's staff dealing policy in that…