Subject- 1. McDonald’s complain to ACC about the name ‘The Big MacKenzie’.
2. Advertisement about charity
3. Advertisement about fresh bun.
1. Intellectual property law grants the owner of IP the right to prevent others from
copying, using or exploiting their IP without their permission. There are many types of IP
protected by intellectual property law which include trade mark as well which protects
distinctive words, phrases and symbol. In Coca- Cola Company v All-Fect Distributors
Ltd., Coca-Cola registered as a trade mark the shape of the contoured glass bottle which
eventually enable them to prevent a company namely All-Fect Distributors from selling
lollies in a plastic bottle the same
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It is very likely that the injury suffered by Dona may fall within the
meaning of notifiable incident since it fall within the mentioned incidents in section 36(part
3) of the Act.
4. Under the law of tort, the employer is generally held liable for the negligent conduct of
the employee in the course of their employment. (Lockwood, 2011, page- 149). However,
the fundamental question appears before the court is to determine whether the person
caused or suffered the injury can be entitled as employee or not. According to South
Australian legal service commission, vicarious liability occurs where one person is held liable
for the negligent actions of another. The time limit for bringing the claim is 3 year. The
traditional test to determine whether a worker is an employee or an independent
contractor is the control test. If an employer has the right to tell what and how the worker
will carry out the designated work then that worker can be tagged as employer.
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N D. https://www.fwc.gov.au/about-us. ( Accessed 12th April,2015)
2. Work Health and Safety Act 2012.
http://www.legislation.sa.gov.au/LZ/C/A/WORK%20HEALTH%20AND%20SAFETY%20ACT%2020
12/CURRENT/2012.40.UN.PDF
4. Hollis v Vabu Pty Limited (2001) 207 CLR 21
Legal Research (case 1.1)
Australian Business Number (ABN) is a unique 11 digit number which is very important for
pursuing business in Australia. Along with several other documents, a registered legal name
of the entity is imperative for ABN. One needs to register a business name with Australian
Securities and Investment Commission (ASIC), unless they opt to pursue the business on
their own name. In order to register the business name with ASIC, one needs to pay
statutory fees $34 for one year and $78 for three years.
The most appropriate business structure to pursue this type of business will be limited
liability private company. Company is a structure where number of people assembled or
associated together in order to achieve common goal.
Pros and cons of company-
• In this type of business structure, liability of shareholders is limited as per their
Liability – The general partners are all responsible for the debts and obligations of the business, but the limited partners are only liable up to their invested amount.
In week 10 of spring semester we discussed chapter 11’s Intellectual Property Law. “Property establishes a relationship of legal exclusion between an owner and other people regarding limited resources.” In this chapter, we learn that the Constitution allows Congress “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors to the exclusive Right to their respective writings and discoveries.”
The plaintiff, Mr Thomas Corr was an engineer employed by IBC vehicles Limited. Thomas who was 31 years of age at the time was working on a machine, when it threw a metal plate towards him without warning. It hit the right side of his head cutting off some of his ear. Due to the injury, Mr Corr had surgery on his right ear in order to try and fix it. He remained disfigured, suffered persistently from unsteadiness, mild tinnitus and severe headaches and had difficulty sleeping. He suffered from post-traumatic stress disorder due to this accident. Mr Corr became depressed following this accident and over time his depression got worse. He attempted to commit suicide on two occasions, the first time he took and overdose of drugs and was admitted to hospital. The second time he succeeded in taking his own life by jumping from a multi-storey car park.
That's why it's so vital to contact an experienced attorney when you've been denied for compensation but believe you have a legitimate case. The lawyer will listen to your claim and let you know whether has
...ncompensated due to the employer putting forth the arguments of 'the employee must have been inattentive in order for the accident' and the one that is extremely one-sided 'the employee knew of the dangers before coming to work' though this may be true most of these people were forced into working in order to sustain a living and putting food on the table.
In most cases, injured workers received no compensation at all. Employees and their families faced financial ruin. And if a worker happened to overcome the legal obstacles and received money damages, the employer might be put out of business, costing other employees their jobs.
Once we see we can make a credible case, we'll start gathering evidence to support your claim. If the organisation responsible for your injury says they are not liable for your injury, you may benefit from our
Brown was an employee to company X which was vicariously liable to damages incurred to its employee during their course of legitimate works. The employee during his works was negligently exposed to asbestos fibres which took a long time to manifest (long tail 1985-2007) and eventually diagnosed as mesothelioma in 2007, leading to his eventual death. Without an act/omission there can be no liability as in the case between Cape Town Municipality v Paine 1923 AD 207 court defined the act for purposes of liability in delict. The consequences of the negligent act of Company X led to Mr. Brown being exposed to the dreadful asbestos fibres .Thus an act which in abstract looks harmless can create liability if it produces undesirable consequences i.e. in this case death due to the
..., it must be registered with the appropriate authorities in order to maintain everything legal. This process is knows as “Doing Business as” (DBA name), which is a business that is named something different than your personal name. “For example, consider this scenario: John Smith sets up a painting business. Rather than operate under his own name, John instead chooses to name his business: “John Smith Painting”. This name is considered an assumed name and John will need to register it with the appropriate local government agency.” (www.sba.gov) Not all states require registering a business under “DBA”, which is why it is imperative to conduct precise research. Generally, every business must have an Employer identification number, which is used to identify the entity of a business. In order to be assigned an (EIN), you must apply for one. One way to apply is online.
The most appropriate tort in which to be applied to this case is the Tort of Negligence, governed under and by the Civil Liability Act 2003. The three elements of negligence consist of whether a duty of care is present, whether the duty of care has been breached and the damages sustained as result.
Under Agency law, an employer is liable for the torts of its employees and agents if the tort is committed within the scope of their duties. This concept, known as "respondeat superior" or "let the master respond," imposes liability even if the employer is blameless.
The Coca Cola Company offers its products through stylish and unique labeling which presents the Coca Cola brand logo on every product. The customers can easily identify the Coca Cola products because of its unique packaging (Freeman, Kelly, Baur, Chapman, Chapman, Gill &King 2014). In 1986 the Coca Cola Company introduced its new product Diet Coke through Secondary brand association. The major benefits of secondary brand association for the new products are as follows:
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
During the nineteenth and early twentieth century if a worker was a victim of workplace accident there was no compensation or requirement of the employer to support rehabilitation. Employers were not responsible for injured workers or accidents that happened in the workplace. The main legal doctrine of Assumption of Risk governed workplace hazards, which required workers to assume and accept all the risks affiliated with their occupation (Share, 2012). In the 1900 's many diseases and injuries resulted due to unsafe or hazardous working condition. "The Royal Commission on the Relations of Labour and Capital reported in 1889 that many workers were being hurt on the job and condemned the state of working conditions in several industries" (CPHA, 2012). However, the federal government at the time did not act on the results of the commission report. In 1914, the province of Ontario introduced legislation where, "workers would be eligible for guaranteed no-fault benefits from a system that was wholly funded by employers. In exchange, employers were freed from legal liability" (CPHA, 2012). This was the first time the idea came up that injured employees should be compensated no matter who was at fault for the accident. This was the sign of the beginnings of change, but perspectives on health and safety still held employees responsible and accountable for all injuries and
Part 2 of Employer Duties and Rights- management rights, subcontracting, just-cause discipline and discharge, and safety standards.