ACBUS202A Commercial Law II ACBUS202A Commercial Law 2 – Semester 2, 2021 Case Study / Research Report – 25% Weighting Due Week 10 – Sunday 17 October 2021 Refer to the...

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ACBUS202A Commercial Law II ACBUS202A Commercial Law 2 – Semester 2, 2021 Case Study / Research Report – 25% Weighting Due Week 10 – Sunday 17 October 2021 Refer to the http://courses.highered.tafensw.edu.au for the specific requirements of this assessment task. This assessment involves complex scenarios involving multiple areas of law requiring in depth analysis, problem solving and judgement with reward for the use of properly referenced academic and other independent sources beyond those presented in tutorials [2,000 words]. All submissions must address two [2] questions. Student submissions should include a simple cover page that includes word counts for each question. In-text citations must be in the Harvard AGPS style. A single Harvard AGPS Reference List at the end of the submission should include all relevant references cited in both questions. Students should note the PDF file on acceptable legal abbreviations, available on the Moodle. Students should note the word limits for each question, and the need to write concisely. Responses must be within 10% +/- of each word limit. Students must clearly state the word count for each question, on their cover page. Note that the reference list and footnotes (if any) does not form part of the word count. Students are encouraged to start writing early; editing typically takes more time than writing. Part A – Case Study – 1,200 words [15 marks] After Joe’s mother died, his father remarried and now has two ‘families’: Joe and his sibling from his father’s first marriage and Joe’s half-sister and half-brother from his father’s second marriage. Joe’s father is a very successful man whose grandmother left him the family home (in which he and his second wife still live) and a half share in a factory (which he and a cousin inherited as joint tenants). Shortly after leaving university he set up a company to run a manufacturing business from the factory — which it leases from him and his cousin and in which it has installed a production line consisting of highly technical and very expensive machinery, some of which is secured to the floor for stability. The ACBUS202A Commercial Law II company uses a number of processes that Joe’s father invented and over which he holds patents — and for which it pays him an annual royalty. Joe’s father owns all of the shares in the company. Last year Joe’s father invented a better mousetrap and decided to manufacture and market it himself. The functional part of the new invention is the internal mechanism. Because Joe’s father had no experience in product presentation, he hired an employee to create a design for an external casing. He told her that he wanted it to make the product more physically attractive to consumers — and safer to handle. The casing and the internal mechanism are manufactured and assembled locally by a subcontractor who was recommended to Joe’s father by the Chamber of Commerce. He also engaged a technical specialist to write the instruction booklet that accompanies the mousetrap (the trap consists of sophisticated electronic components, and setting and clearing it involves a process that requires careful attention to the instructions). The instruction booklet and the mousetrap bear a logo identifying the company. A company employee devised it in her free time. Joe’s father was particularly impressed by it when she showed him what she had done, and he hopes that, eventually, the buying public will come to identify that logo with the company and the technically superior products it produces. Only recently, however, the employee said she is resigning to travel overseas, where she hopes to work with a similar design and innovation company. Joe’s father also owns the warehouse which adjoins the factory, which he bought in his own name and which he leases to the company as a storage area for its products. He has just told Joe that he is revising his will and proposes to provide equally for ‘both families’ by leaving his real property to Joe and his sibling and his personal property to Joe’s half-siblings. He also intends to leave a life estate in the family home to his wife ‘so she can sell it if she ever needs to go into a nursing home’. He also has written to the company asking them to continue making royalty payments to his wife for the remainder of her life. He tells Joe that this will both provide for his wife and provide equally for all of the children, ‘because you will get my share of the factory, the warehouse and, perhaps, the home and the others will get the business and all of the machinery’. Joe is not sure that this is an entirely accurate statement of the effect of his father's proposed will. Joe knows you have successfully completed Commercial Law I and are currently studying Commercial Law II and love every minute of it. He also knows that you have access to lots of library resources and poses the following questions seeking your assistance. Required: Each of the following questions requires you to identify the legal rights that may be available to the parties in the scenario given above. Then, apply the legal rights you have identified to deal with each question and justify your arguments by citing relevant legislation and case law as appropriate. ACBUS202A Commercial Law II 1. What criteria would be used to determine how the expensive machinery located in the factory would be classed and treated? 2. Of the property identified in this scenario, what would be classed as ‘real property’, and likely pass to Joe and his sibling, and what would be classed as ‘personal property’, and likely pass to Joe’s half-siblings? 3. Joe’s father has indicated that he intends to leave a life estate in the family home to his wife. Exactly what does this mean and what are the implications of this for Joe? 4. Which of the aspects in relation to the mousetrap invention, if any, would be connected to the law of ‘copyright’, ‘designs’, ‘patents’, ‘trademarks’? 5. What could Joe’s father have done differently, in order to protect all of his intellectual property rights in relation to the mousetrap invention? Part B - Research Task - 800 words [10 marks] Businesses within Australia operate within a legal framework based on fundamental common-law principles, including proprietary rights [ownership]. Granville Machinery Pty Ltd [‘GMPL’] sells large industrial air compressors and other similar equipment, for use in factories. Each machine sells for $150,000 or more. Machines are delivered and installed in customer premises, often on credit terms with payments due to GMPL at an agreed future date; e.g. 30 days, or 60 days, etc. GMPL includes a term in their sales agreements that title in the machinery does not pass to the customer until GMPL has been paid in full. Preparation: Research the decision in Maiden Civil (P&E) Pty Ltd v Queensland Excavation Services Pty Ltd & Ors [2013] NSWSC 852 and the Personal Property Securities Act 2009 (Cth). Do not consider any other legislation [e.g. Sale of Goods, ACL, etc.]. Required: Illustrate, by applying the law and providing examples, how GMPL could manage various types of risk when selling machinery as described above.
Answered 1 days AfterOct 15, 2021

Answer To: ACBUS202A Commercial Law II ACBUS202A Commercial Law 2 – Semester 2, 2021 Case Study / Research...

Dr. Vidhya answered on Oct 17 2021
114 Votes
COMMERCIAL LAW: CASE STUDY QUESTIONS
Table of Contents
Case Study One    3
Question One    3
Question Two    3
Question Three    3
Question Four    4
Question Five    5
Case Study Two    5
References    7
Case Study One
Question One
There are multiple folds of how heavy machinery at factor of Joe’s father should be classed and treated. The first aspect is the engagement of highly produc
tive as well as expansive set up which Joe’s father has brought in under the name of company; the logo over the final mousetrap shows it. This new set up contributes significantly in the process of developing new mousetrap. Under the legacy that Joe’s father has inherited from his father in the form of factory, his legal authority will be over the equipments that he has brought recently to establish new production line. The idea was of Joe’s grandfather but he did not execute it. Therefore; Joe’s father owns that part of the factory where this new machinery is brought and installed. He holds the legal right to disburse this setup on his will and he can give it to any person, whatsoever he or she may be, of his choice. If there is a relationship based dispute, given that the machinery should be classed as ‘traditionally belonging to Joe’ will not be entitled to any legal compensation because this new setup is earned through the profit investment of Joe’s father.
Question Two
It is evident from the proposed will of Joe’s father that he is likely to pass his properties to his daughters and sons in the best possible way to avoid any legal dispute after he is no longer the owner of the company and the property that either he has inherited or earned by working. The classification of the property will be done upon the two bases applied; the first one is the traditional inheritance of the factory and the land property over which, the factory is constructed. Joe’s father has leased this property to the factory as well as the warehouse that is located as adjacent to the factory. These two assets belong to his genuine bloodline i.e. Joe and his siblings. This property will originally belong to Joe and his siblings as they are the rightful heir to the entire assets related to factory and the warehouse. There is no mention of any legal dispute between Joe’s father and his first wife which implies that Joe’s inheritance over factory is clear. However, the house that Joe’s father owns will belong to the children of his second wife. Whichever thing Joe’s father has earned by his own efforts may belong to anyone of his choice.
Question Three
Leaving the life estate to Joe’s mother implies that Joe’s father intends sharing his personal belongings such as this part of his property with Joe and his mother. Life estate stands for the personal assets that Joe’s father has earned over the course of his entire life and it cannot be challenged on legal grounds whether or not, he is liable to distribute this property to anyone of his choice. His sons and daughters—and no matter to which marriage they belong—have no right to confront their father on legal grounds that if he is willing or forced to pass this property on to them. Life estate is the portion that does not belong to Joe’s father traditionally. Therefore; whatever he has owned in his life as inherited property stands on the ground of legal proceedings, if not given to Joe and his siblings. But for life estate, it is the choice and will of Joe’s father to give it to anyone whom he thinks best suitable candidate to manage the property after he has passed his legal rights on it.
Question Four
There are few major highlights of the mousetrap invention that should be brought to concern here. The first one is the invention itself; it was the idea of the employee who used to work for the factory and, therefore; if...
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