Thomas, a salesman, enters Jimmy’s yard even though there is a sign outside that says “No salespeople allowed’. Jimmy, who is much smaller than Thomas, threatens him with a broom handle. Thomas wrestles with Jimmy and in the process damages a valuable antique chair on the front porch. Advise each party of their legal rights. (Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts).
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A: Option (a) is correct.
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Q: Harry bought a second-hand laptop from Acer Office Equipment for $900 and spent a further $250…
A: Under the Australian Consumer Law (ACL), consumers have certain rights and protections when…
Q: M sells goods to a rogue, R. R obtained the title of the goods despites his deceit intention. R…
A: Note: As per bartleby guidelines in case multiple questions are asked by the students then the…
Q: Syncrude ordered 30 gearboxes from Hunter, a manufacturer, to drive its conveyor belts in the…
A: The question is asking about the liability of Hunter, the manufacturer of the gearboxes, for the…
Q: Oliver enters into a written contract with Jinali for the purchase of organic produce. Oliver later…
A: A contract is a legally binding agreement between two or more parties that creates obligations…
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A: True.
Q: Please explain when and how criminal liability is imposed.
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Q: A crime is a wrong that arises from a violation of a public duty, whereas a tort :
A: We can define crime as a wrong doing which affects the social order of our society we live in, crime…
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- John’s neighbour, Cynthia, has begun raising pigs in her backyard. John is no longer able to enjoy sitting in his hot tub on his back deck as a result of the smell. If John wanted to sue Cynthia, which cause of action would he use as his grounds? Select one: a. Nuisance b. Negligence c. Strict Liability d. TrespassChris bought his son a new bicycle from his local bike shop. Less than a week later, the bicycle’s handlebar broke while the boy was riding. This caused the boy to fall on concrete and break several teeth that required surgery. Chris wants to sue the manufacturer for compensation but is told that the shop merely imported the bicycle - which was manufactured overseas. Required: Explain to Chris whether he is able to take legal action for a breach of the ACL. Refer to law.which of the following is not a tort: Conspiracy, deceit, inducing a breach of contract, injurious falsehood, passing off action
- Thelma purchased a used truck from Hall that had been manufactured by International Harvester. To work on the truck engine, Thelma had to have the cab of the truck raised. When it was so raised, the cab fell unexpectedly and fatally injured Thelma. Suit was brought for her wrongful death against Hall and International Harvester. The suit was based on theories of negligence, strict tort liability, and breach of warranty. The defense was raised that there was no liability because the sale to Thelma had been made “as is” and the truck was a used truck. Were these defenses valid?Brendan Bosse and Michael Griffin were part of a group of four teenagers eating a meal at a Chili’s restaurant in Dedham, Massachusetts. Chili’s is owned by Brinker Restaurant Corporation (collectively “Chili’s”). The cost of the meal was $56. The teenagers decided not to pay. They went out of the building, got in their car, and drove away, heading northward up Route 1. A patron of the restaurant saw the teenagers leave without payment. He followed them in his white sport-utility vehicle (SUV). The teenagers saw him following them. A high-speed chase ensued through Dedham side streets. The patron used his cell phone to call the Chili’s manager. The manager called 911 and reported the incident and the location of the car chase. The teenagers’ car collided with a cement wall, and Bosse and Griffin were seriously injured. The Chili’s patron drove past the crash scene and was never identified. Bosse and Griffin sued Chili’s for compensatory damages for their injuries. The plaintiffs argued…Brutus is prosecuted for having sexually assaulted a young girl of 12 years before theIntermediate Court. At the trial, the girl is 13 years old and she gives evidence without beingsworn. After two more witnesses have been heard the Magistrates realise that the young girlwas not sworn before giving evidence. The young girl is recalled and is sworn and she repeatsthe evidence she had given before and is cross examined by the defence.Brutus is convicted and sentenced to undergo five years imprisonment. He appeals against theconviction and on appeal it is submitted that Brutus did not get a fair trial because the evidenceof the girl which appears on the court record was not given on oath.The prosecution seeks your views on how to reply to the arguments of the defence.
- Courtney lived in Wyoming. On New Year’s Day she purchased a weight loss drug manufactured in Oklahoma by an Oklahoma Corporation, Ozzipic, Inc. Courtney learned of the drug from multiple advertisements on her local television station and in local newspapers. After suffering from a serious gastrointestinal illness, she sued Ozzipic in a Wyoming state court for $100,000. Ozzipic argued that Wyoming did not have personal jurisdiction over them because they were an Oklahoma corporation. How should the court rule? a. Wyoming does not have personal jurisdiction over the Oklahoma defendants because an advertisement in a local paper does not amount to minimum contacts. b. This case should be transferred to Federal Court based on Diversity Jurisdiction, as the plaintiff and defendant are from two different states and the plaintiff is seeking more than $75,000 in damages. c. Wyoming has personal jurisdiction over the Oklahoma defendants because they made one sale in…Agents and employees of Deco Arts Corporation and Echo Imitations Inc. are convicted of conspiring to violate a federal law that is punishable by a term of imprisonment and a fine. Can the corporations be held liable for these crimes? If so, how can they be punished?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.
- Pauline Brown was shot and seriously injured by an unknown assailant in the parking lot of National Supermarkets. Pauline and George Brown brought a negligence action against National, Sentry Security Agency, and T. G. Watkins, a security guard and Sentry employee. Sentry had a security contract with National. The Browns maintained that the defendants have a legal duty to protect National’s customers both in the store and in the parking lot, and that this duty was breached. The defendants denied this allegation. What will the Browns have to prove to prevail? Explain.Joseph M. Billy was an employee of the USM Corporation (USM), a publicly held corporation. Billy was at work when a 4,600-pound ram from a vertical boring mill broke loose and crushed him to death. Billy’s widow sued, alleging that the accident was caused by certain defects in the manufacture and design of the vertical boring mill and the two moving parts directly involved in the accident, a metal lifting arm and the 4,600-pound ram. If Mrs. Billy’s suit is successful, can the shareholders of USM be held personally liable for any judgment against USM? Explain your answer.Elle is an agent for Fine Cosmetics, Inc. Elle owes Fine Cosmetics the duty of: O compensation. performance. O avoidance. indemnification