preparing for the final exam
It is for preparing the final exam. I can bring any material whatever I want, so I would like to make kinda material which can be useful for the final exam.
There are 2 question of property, write 400 words for each and must be referenced the text book which is Business law for University of Canberra when you use the case in the essay.
Question1. Getting ready for his well-deserved holiday at the coast, Adam took his Toyota to the dealer for a regular service. He told them, he intended to take the SUV to the South Coast for a couple of weeks and do some off road driving, and wanted them to make sure the car is serviced accordingly, he didn’t want to be looking for a mechanic during the holiday period, neither did he want to be stranded in the middle of nowhere and have to be towed.
The dealer said that they would check everything and ensure there were no potential problems left unchecked. When Adam collected his car later that day, the dealer went over a checklist of all the work that was done and told Adam there were no problems, his car was in good condition and there was no reason to believe Adam should have anything but a great holiday. The dealer further drew Adam’s attention to a clause in the repair checklist stating that if the vehicle experienced problems over the next three months, the dealer would arrange for immediate repairs. Satisfied, Adam left to pack for his trip.
A week into his holiday, whilst Adam was driving on a designated dirt road, the suspension failed, Adam lost control and crashed his car into a tree. Although shaken up and terribly disappointed, Adam remembered the clause in the dealers repair invoice. He called the dealer and explained what happened. But the dealer referred Adam to a subsequent clause which stated that this guarantee only applied to damage sustained while the vehicle was driven in the ACT. Adam had not read the clause previously.
Adam is less than happy having his holiday ruined and his car damaged and the dealer unwilling to honour their repair guarantee. When he finally gives his statement to the police and arranges for his car to be towed to a garage, he comes to seek your advice as to his consumer rights.
You are to advice Adam what, if any, rights he may have under the ACL.
Question2. Bella learned how to play a piano and organ to a very high standard while she was at school. After she started at University studying Law, she found relation playing keyboards with four other students with similar tastes in rock music. After a while the group realised that they were getting on very well and entered a “Battle of the Bands” competition, which had as its prize a recording contract with a major recording label.
To their absolute amazement they won the competition, and were soon contracted to play at various venues and to record the promised album. Once this was complete they resumed their Law studies, balancing the demands of studying with their newfound fame as rock musicians. They started making very good money not just from the appearances that they made as a band, but on the royalties they were receiving for the recordings they made together.
Over the years they managed this balancing very well, and became well known and in great demand to appear at festivals and on the TV. This continued well after their graduation and commencement of their various careers, which saw two of the band leave and be replaced by new musicians, all the time making sure that their “sound” never changed.
After twenty years, they decided to retire the band and enjoy the flow of royalties.
Twenty six years after they started out, they were inducted into the Rock and Roll Hall of Fame and this kick-started an interest in their work from a whole new generation of fans. The group was asked to re-form and play a series of festivals and to tour overseas.
Emma, a “new” member recruited some five years ago to replace one of the original members who had left for personal reasons, didn’t fit in with the band’s ‘sound’ and despite their best efforts to point out the problems she was causing to their “sound”, Emma didn’t want to change her singing to ensure that she would ‘fit in’. The band decided not to include Emma in their new touring plans nor any new recordings they made. The band did not subsequently recruit any new members.
Emma has now threatened legal action, seeking an injunction aimed at preventing the band undertaking the tour, on the basis that she is a partner in the band and as such is entitled to be included in everything the band does, including touring and recording.
She is also threatening an application for damages and a share of the profits the band may make if they do go ahead with the tour and recordings.
Advise Bella on the rights she and the band each have under Australian intellectual property law.