參考7052-非常重要week

1、Commercial law busn7052Week 13Chapter 21 cont.Revisiontoday1. The remainder of the material from the Week 11 Lecture (Chapter 21 note this material is in the slides from last week but is extracted here again)2. General Information about the exam3. Sample exam questionsConfidential informationThe cou

2、rts, in their equitable jurisdiction, will protect confidential information (including ideas) on the basis of breach of confidence.To be protected:The information must be confidential;The information must be obtained in confidential circumstances;The unauthorised use is to the detriment of the other

3、 party.Coco v AN Clark (Engineers) Ltd 1969 RPC 41 at 47.3Confidential informationConfidential information can be broadly categorised as:Information having a commercial value, for example, trade secrets (commercial information); Government information (disclosure of which is against the public inter

4、est)Information having no commercial value but the disclosure of which could cause distress (personal information)4Confidential informationRemedies include:An injunction if publication has not occurred;Damages or an account of profits; orAn order for delivery up to the plaintiff or destruction by th

5、e court of the subject material.E.G. Talbot v General Television Corp Pty Ltd 1980 VR 224 (P. 675)5What is assessable?The whole course is assessable except for the following limitations: Weeks 1 and 2: only the material relating to statutory interpretation (see week 2 lecture slides, no relevant mat

6、erial in the textbook).Week 3: only the material relating to negligent misstatement (textbook paragraphs 25.57-25.60 and other relevant parts of that chapter).ExamSame format as past exam papers. Except this year there will be only 3 questions (not 4) and all questions are compulsory. Worth 20 marks

7、 each.Exam worth 60% of final markYou must obtain at least 40% in the exam to pass the courseOpen book exam. Exclusions are electronic items: phones, watches etc. and any items infringing copyright e.g. a photocopied reference book.The most useful thing will be the lecture slides and your own notes

8、and summaries.Manage your timeYou will have reading time (where you can make notes on scribble papers) and writing time.It is better to make an attempt to answer every question than to do well on 2 problem questions and leave one out entirely.Dont waste your time repeating the facts of the question

9、unnecessarily (obviously you will need to discuss some facts in the application section of your answer).You can answer in dot points if you are running short of time.Dont use white out just cross out any mistakesAnswer the questionRead the question carefully so that you can work out the issues. If y

10、ou dont do that you may not be answering the whole question.The first issue you see might not be the only issue it may be but it may not be.There might be more than one way of addressing the issue there may or may not be alternative approaches (e.g. remedies in contract and Sale of Goods)When you ap

11、proach tutorial questions you know the question is based on last weeks work. You dont have that clue in an exam and there may be issues from different areas in the one question.Answer the questionRemember to think about defences and remedies as well.Look to see what you are actually being asked.Some

12、times the question will be narrowed for you. For example, if you are asked what action can Sarah can take in contract law then dont spend your whole answer on the Australian Consumer Law. You will only get marks for answering the question you have been asked.Answer styleIRAC is a good format for ans

13、wering problem style questions but dont worry too much about style if you are running short of time dot points are fine.You need to back up what you say with references to cases and sections of legislation.You do not need to cite cases in full Donoghues case or the case about the snail in the bottle

14、 is fine. A section reference e.g. s 18 ACL is also fine. citationIn-text citations, in (brackets) with underlining, in the phrase or at the end of the sentenceFor cases, you do not need the year or the citation, just the name.For legislation, you need to cite the specific section and the ActYou do

15、not need a bibliography.For cases and legislation, you can use abbreviations:Eg. Donohgue v Stephenson1932 UKHL 100 esDonoghue v Stephenson, orDonoghue, orD v SEg. Section 18 of the Australian Consumer Law es s18 ACLAnswer styleYou dont need to talk about the facts of cases unless you want to make a

16、 point. E.g. the facts in the problem are very similar to xyz case and therefore it would apply or the facts in abc case are very similar but different in an important respect and therefore that case would not apply.Dont spend a lot of time copying out sections in full.Dont write an essay on the law

17、 spend most of your time on application and get to the key points quickly. How long should my answer be?That depends on how big your handwriting is (Please try to write legibly and in biro rather than pencil).The quality of your answer is much more important than the length. Some very good answers h

18、ave been written in less than a page. Some very poor answers have taken many pages but never addressed the question.Dont spend a lot of time on introduction or repeating the question. These things wont get you marks.How long should my answer be?Dont spend time on things not in issue. E.g. if it is c

19、ontract question dont spend lots of time discussing the intention to create legal relations and consideration for example if they are not in issue. You might run through that check list in your head but dont do it on paper.You want to make all your words count and you want to convince the examiner t

20、hat you do know what the real issues are and how to go about resolving them.What do I need to pass the course?You must achieve a grade of at least 40% in the exam to pass the course.If you achieve a mark of 45-49% you will be eligible to sit a supplementary exam.Where appropriate I will scale raw sc

21、ores up or down.Exam consultation (tbc)David:Tuesday, 1 November 5pm 7pmBonnie:Thursday, 2 November 9.30am 11.30am PAP MORAN 2051Tristan: Wednesday 5.30pm-6.30pm and Thursday 5.30pm 6.30pm Taryn: Friday, 3 November, 10amMegan:tbcJordan: tbcStudents are e to attend any consultation time you do not ha

22、ve to limit yourself to your tutor.Student Experience of Learning & Teaching (SELT)ANU values your feedback Learning and teaching evaluations are now live and available via WATTLE Links to online surveys have also been sent to your student email account - look out for emails from ANU Student Evaluat

23、ions All SELT responses are anonymousSAMPLE QUESTIONSThe 2015 and 2016 exams have been uploaded to wattle. Note that we have already done a number of 2016 questions in lectures and in tutorials.I will discuss 2015 exam if time. Relevant extracts of the 2016 exam follow.2016 exam 1(c)PFL employed Nic

24、k to pilot a camera drone to take photos of the Floriade flower festival. Nick digitally edits the photos and sells framed prints of the photos to members of the public on the PFL website. Nick is listed as photographer on the photos. The website is very popular and the framed prints are selling fas

25、t. Leon admires the photos on the website and reproduces the photos on postcards. Leon puts his name on the photos and removes any reference to PFL or Nick. The postcards sell very well at the Kingston Markets. Has Leon infringed PFLs rights? Has Leon infringed Nicks rights? (5 marks)202016 exam 2(b

26、)In 2009 Erin established her Halloween cake making business and registered Elm St Cakes as her trademark to distinguish her cakes from her competitors. Erins business was successful for a number of years. In 2012, Erin returned to university and did not operate the business again until her graduati

27、on in early 2016. While looking for a domain name for her website, Erin is upset to discover that Li Jie has used Elm Street Cakes as his unregistered trading name for his wedding cake business since 2013. What action can Erin take to protect her interests?What action can Li Jie take to protect his

28、interests? (5 marks)21Question 3 (a) 2016Coronet Casino operates on a recently redeveloped area of Sydney Harbour. Coronet provides a luxury experience for its high rollers (gamblers who bring a minimum $50,000 to the table). Coronet flies interstate gamblers into Sydney on a private corporate jet a

29、nd modates them in a 5 star hotel next to the casino. Bill, a Victorian, who had been in receipt of this corporate hospitality, placed himself on a self-exclusion order. He told the casino that he had a gambling addiction for which he was receiving treatment at a private hospital. He did not want to

30、 be admitted to the casino. Some months went by and Bill sought to attend the casino again. The casino asked about his earlier self-exclusion order and he said he was revoking it. Over the next 3 months Bill was flown weekly by Coronet private jet from Melbourne to Sydney and transferred by limousin

31、e to a 5 star hotel at Coronets expense. During that time Bill gambled and lost $2 million in Coronet Casino. He is now bankrupt and homeless and his wife has left him. You are working as a lawyer at a community legal centre. You are approached by Bill who asks you to advise whether there is any leg

32、al action he could take against Coronet in relation to his gambling losses and, if so, since he is a gambler, his chances of success. Advise Bill providing reasons and giving legal authority for your advice. (10 marks)Question 3(b) 2016Coronet engaged the services of Tang Ltd, a Sydney based tour co

33、mpany, to bring eight high rollers to Coronet Casino from China. Coronet paid a deposit of $5,000 to Tang. Tang agreed to attract gamblers and sign them up to an all-inclusive trip with flights, modation and meals. Coronet was going to subsidise each high roller to the amount of $3,000 per person on

34、 a trip price of $10,000. The high rollers would therefore be charged $7,000 per person. Under the agreement Tang would be entitled to be paid a commission of $2,000 per person for finding the participants and arranging the trip. Tang signed up one person. One of Tangs employees in Shanghai was tryi

35、ng to recruit another prospective participant when the employee was arrested. The employee has been charged with breaching new Chinese laws preventing direct marketing of casinos in China. As a consequence the tour does not go ahead.You are employed in Coronets legal department and are approached by

36、 Don in the companys corporate office for advice. Coronet wants to recover its deposit from Tang. It also wants to recover an amount to compensate it for the expected profits it would have made from the gambling of the eight high rollers it had contracted Tang to supply. Advise Don giving reasons an

37、d citing legal authority for your advice. (10 marks)Question 4a 2016Coronet Casino operates on a recently redeveloped area of Sydney Harbour. When Coronet vacated its previous premises 2 years ago, it leased the premises, via a commercial lease, to a hotel company called Loire for a term of 2 years.

38、 It was a term of the lease that Loire would undertake refurbishment of the building at its own cost. This amounted to several hundred thousand dollars. There was no right of renewal for a further term in the lease but Sophie who was negotiating the lease on behalf of Coronet said, “You dont need to worry, it is in our interest for you to be operating this hotel. We are in this for the long haul. You will be looked after at renewal time.”You are employed in Coronets property management office. Sophie seek