Understanding the Concept of Contract Law and Tort
CASE STUDY ONE
- Can Zein and Tania sue IDO based on intentional tort for the damages caused to their house? Please explain your answer considering all the elements of intentional tort. (20 marks)
Individuals or firms are convicted of tort upon the destruction of other people’s property. The tort remedy is usually recovered from damages in the form of compensation. Zein and Tania can sue IDO in the case of intentional tort. A company must ensure that properties sold to clients are effectively in operation. The default of electronic is a mistake in which IDO should own up. IDO is alleged to have the intention to destroy property; they had no definite reason to sell a machine that needed testing time for the effective operation of which the duration would have met the realization of system inconsistency to coordinate (Klick & Sonald, 2020). The two, Tania and Zein, upon drawing 50% evidence IDO, will, therefore, pay up for the damages that the faulty electronic machine caused.
- If it turns out that the oven was designed and manufactured entirely and was not defective, would Zein and Tania still be able to sue IDO based on a different type of tort for the damages caused to them? Please explain in detail. (20 marks)
In some instances, an occurrence of accidents happens when no one is to blame for being irresponsible. In the Case of Zein and Tania against IDO, the accident causing damage could have occurred despite the machine being fully competent in its operation, and the Couple is responsible for using the machine. In this scenario, Zein and Tania can still sue IDO based on strict liability tort (Vishnubhakat, 2016). In strict liability, tort IDO will be held responsible for the violation despite not destroying property directly. The type of tort requires Zein and Tania prove of the tort that occurred ad IDO was behind the act or omission of the act. Strict liability tort usually applies in manufactured products due to their hazardous and dangerous nature in the course of their operation.
Case STUDY 2
- How can Wakeup Co. protect their invention from a legal perspective and under which law? (5 marks)
The most effective decision to make in the protection of invention emerging is through registration. Registration creates awareness to the public about the content and prevents individuals from using the brand without permission.WakeUp.co will use Patent Law to safeguard their machine from being misused. In the U.S, patent laws are most appropriate in protecting the usability of a machine, its processes, and manufacturing (Fortney, 2019). The patent design ensures that any other firm in the industry has not ornamented the appearance of the coffee maker and its looks and shape. Patent creates an opportunity for the inventors to leap the supply and their venture into the market effectively.
- Please explain and verify if the invention of Wakeup Co. fulfills the conditions required for protection under the law. (10 marks)
Patent act 1995 dictates of the requirements invention need to have met for authentification of patent. The coffee maker invention by WakeUp.co has met the requirements of having a patent. The coffee maker invention is a new device in which its primary process is making coffee using instructions. It is a new idea that no single artist has come up with to make coffee makers connected with the wireless device. The highlight of the Coffee maker extends in that is used Bluetooth to operate, and thus one can speak to it, making instructions of what needs to be done before the owner gets out of bed in the morning. The machine meets the requirement of utility as indicated; the Company has already manufactured thousands of coffee makers that have not prior be used by the public image.
- Please suggest a trading name for the product (different than the one chosen by Wakeup Co.) that is registrable (5 marks) and explain why the commercial name you have suggested is registrable. (15 marks)
Prior to choosing a commercial name for the coffee maker, a wise step of searching trademarked names is made, making the process smooth. A brand can know most of its competitors with features that make them unique. It is necessary to countercheck the commercial name’s meaning when targeting an international market to avoid ambiguity. The appropriate name for the coffee maker is Morning spice. The coffee maker makes individuals morning to be sweet with ready coffee out of their bed. The commercial name can be registered due to its uniqueness and distinctive. There is no close brand of coffee made with the generic name. The coffee maker brand aims at making quiet mornings in families. Additionally, the brand name is flexible with future expansion of the business as well as a simple combination of words that is easy to be remembered by the public.
- The coffee maker is now available on the market. You Are Not Alone Association have called Shein to ask her when to deliver the 1000 items. Shein said that she had changed her mind. Is the promise of Shein to offer 1000 coffee makers to You Are Not Alone Association binding? Please explain your answer considering contract law. (15 marks)
For a promise or a contact to be biding, all requirements of contract law have to be meeting. The promise of Shein to deliver 1000 items of coffee maker is voidance in that; either of the party can defile the promise at no legal suit (Monateri, 2017). Despite the promise having requirement of offer which Shein did on her social media, and acceptance of You are not Alone Association, consideration of value place on the coffee maker and ascertaining the form of contract, the promise is still not binding on the element of contractual intention since the two did not involve legal guidelines upon making of the promise.
Decide if the behavior of Shein is ethical, providing two ethics-based arguments. (10 marks)
The character of Sheen is so inappropriate. She makes the promise to have a real, vibrant audience without a positive response. More often, a promise is not legally binding. Keeping a promise is an act of moral obligation prior to a legal suit. Keeping a promise is the right thing to do according to deontological ethics and respect for the spoken words that Shein fails to honor.
References
Fortney, S. S. (2019). Online Legal Document Providers and the Public Interest: Using a Certification Approach to Balance Access to Justice and Public Protection. Okla. L. Rev., 72, 91.
Klick, J., & MacDonald, J. (2020). Deterrence and Liability for Intentional Torts. International Review of Law and Economics, 105926.
Monateri, P. G. (Ed.). (2017). Comparative contract law. Edward Elgar Publishing.
Vishnubhakat, S. (2016). An Intentional Tort Theory of Patents. Fla. L. Rev., 68, 571.