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The a-s-s-e-s-s-m-e-n-t willBusiness Law Practice ExamPlease see the questions shown in the screenshot. I will send you all the info after being hired, eg PPTs, student access etc. Please send a draft in 12hrs -1 day time, day 2, and day 3 as well. + Will need to draft some questions to ask the teacher and revise base on feedback (Send bk ard in 1 day max)
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Formal Exams CBLG TRI 3, 2021
BU1112 / 1112 / 1812 / 2111 Business Law
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BU1112 / 1812 / 2111 Business Law
Formal Exams CBLG TRI 3, 2021
Examination
College of Business, Law & Governance
Examination Duration:
150 minutes
Reading Time:
15 minutes
Exam Conditions:
This is an Open Book exam – Any materials are permitted (excluding electronic devices))
Exam paper will be released to the Library after the Supp/Def exam period
Exam paper MUST be handed in by student
Materials Permitted In The Exam Venue:
(No electronic aids are permitted e.g. laptops, phones)
Any & all materials permitted
Materials To Be Supplied To Students:
1 x Answer book/s required
Instructions To Students:
Answer ALL questions.
The value of each question is shown in parenthesis.
This exam is worth 60% of assessment for this subject.
Page 1 of 6
Formal Exams CBLG TRI 3, 2021
BU1112 / 1112 / 1812 / 2111 Business Law
Page 2 of 6
Formal Exams CBLG TRI 3, 2021
BU1112 / 1112 / 1812 / 2111 Business Law
QUESTION 1:
(ANSWER BOTH PARTS OF THIS QUESTION)
(a) Jamie’s print business over the past few years has become very successful. As
a result of this growth in his business Jamie has been able to employ an
apprentice printmaker, Ned. While working on an order for programs for a local
theatre company Ned injures his hand in the industrial printer.
Jamie knows that Ned has been careless in putting his hand into the industrial
printer when it was in operation. Ned has also lied to him about his previous
experience and competence in the operation of the industrial printer. He had
stated in his job application and in his interview that he had previously worked
with industrial printers similar to the one at Jamie’s print business. In fact, this
is not true.
Advise Ned as to whether he can sue Jamie in the Tort of Negligence. In
answering the question explain:
(i)
What a ‘tort’ is;
(ii)
What ‘negligence’ is;
(iii)
What the elements of negligence are and how each of them operates
within the law; and
(iv)
How the courts would apply each of those elements to the facts above
to determine whether the Jamie is liable to Ned.
(10 Marks)
(b) What are the defences available to a claim of negligence and would Jamie be
able to rely on any of these possible defences in the example in (a) above. Give
reasons for your answer.
(5 Marks)
[Total for question: 15 Marks]
Page 3 of 6
Formal Exams CBLG TRI 3, 2021
BU1112 / 1112 / 1812 / 2111 Business Law
QUESTION 2:
(ANSWER BOTH PARTS OF THIS QUESTION)
Kim is in the process of selling her handbag business and the freehold building that
she operates from in the city. The person buying the business and the building
intends to continue with operating the handbag business. The shop is very welldecorated and it contains many items that are personal to Kim. She wants to know
if she can take the following items with her before she hands over the keys to the
shop:
A special counter at the back of the shop which is made of rosewood with
pearl inlaid designs. The counter is fixed to the floor by four large bolts. If
the counter is removed it will leave four holes in the floor;
A painting of her mother designing handbags that was painted by a famous
artist and is worth $50,000. The painting is attached to the wall by a picturehook;
A statue of a half dragon and half lion made from solid silver that has been
secured by a large screw to a special stand that is attached to the floor by
even larger screws so that it cannot be stolen. The statue is valued at
$150,000;
Special silk curtains that were made specially for the front windows of the
shop so that handbags can be displayed in the best light possible;
A machine that repairs the leather in handbags that have been damaged.
The machine is very heavy and is bolted to the concrete floor by 4 very large
bolts.
(a) Explain the difference between a fixture and a chattel and the tests employed
to determine whether an item is a chattel or a fixture.
(7.5 Marks)
(b) Using those tests, which you have identified in (a), explain whether each of the
items listed above would be a fixture or a chattel.
(7.5 Marks)
[Total for question: 15 marks]
Page 4 of 6
Formal Exams CBLG TRI 3, 2021
BU1112 / 1112 / 1812 / 2111 Business Law
QUESTION 3:
(ANSWER ALL PARTS OF THIS QUESTION)
(a) What are the benefits associated with registering a trademark under the Trade
Marks Act 1995? What remedies are available to an unregistered trademark
holder if another person uses their trademark without authority to do so?
(4 Marks)
(b) Define both ‘copyright’ and ‘patent’ as forms of intellectual property and
describe the differences between the two. In particular, discuss the duration
of the protection afforded to holders of each. The Commonwealth law that
provides statutory protection to each form of intellectual property should also
be mentioned.
(6 Marks)
(c) What is being protected under the Design Act 2003? What is the period of
protection? What must be established for a design to be registered?
(5 Marks)
[Total for question: 15 Marks]
Page 5 of 6
Formal Exams CBLG TRI 3, 2021
BU1112 / 1112 / 1812 / 2111 Business Law
QUESTION 4:
(ANSWER BOTH PARTS OF THIS QUESTION)
(a) Bev is a cooking expert who loves to buy the latest appliances. She has heard
about a new appliance on the market which cuts up vegetables into the
shapes and sizes required. Bev goes to Best Kitchens to buy this new
appliance. Bev is served by Kaz the sales assistant. Bev is a bit sceptical
about the vegetable cutting appliance but Kaz tells her that ‘it is the best
appliance she will ever buy’. Desperate for the sale Kaz also tells her that ‘it
has a 30-day money back guarantee’ knowing in fact it only has a 7-day
money back guarantee. Bev then buys the appliance. When Bev tries cutting
vegetables at home with her new appliance, she finds that it is useless and
does not cut the vegetables consistently. A fortnight later Bev goes back to
Best Kitchens and sees Kaz. Kaz tells Bev that it is too late to get her money
back. Bev is not happy with her new appliance and seeks your advice.
Advise Bev of her options in contract law.
(10 Marks)
(b) Describe the important legal areas that need to be considered when starting a
business.
(5 Marks)
[Total for question: 15 Marks]
END OF EXAMINATION
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