One of the boxes unfortunately landed on pauls

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Unformatted text preview: oodstuff stacked up high on the shelves to topple over. One of the boxes unfortunately landed on Paul’s shoulder, narrowly missing his head. Paul had, in the past, partially dislocated his shoulder blade but he had since “recovered” from his injury. The impact of the falling box on his shoulder this time round, however, caused his shoulder to be permanently impaired. A sign-board, prominently displayed in Ah Teck’s shop, reads as follows: “The proprietor of this shop and his employees shall not be liable whatsoever for any damage, loss or injury sustained by anyone within the shop’s premises”. Advise Paul of his rights, if any, against Ah Teck. Would your answer be different if the person injured was not Paul but Dolly, a customer shopping in Ah Teck’s shop? -3- LGST101 OR Question 2B [20 marks] Influenced by the current e-commerce frenzy, Jim, a recent graduate, decided to gather a few of his friends to set up a business to sell story books and comics online. They agreed among themselves that a company be set up for this purpose and that Jim was to be the Chief Executive Officer of the company. It was also agreed that there will not be more than 25 members/shareholders in the company. From his Business Law studies at the university, Jim remembered that it was important for the company to have an “eye-catching” name. He therefore decided, after consulting his other friends, to call his company “AMAZONE”. Several months passed and Jim’s online business had yet to pick up. “AMAZONE” was not making any profit from its sale of books and comics over the Internet. One weekend, whilst Jim was visiting the Singapore Zoological Gardens with his family, he came across a familiar exhibit. It was Ah Meng, and the zoo was appealing to the general public for donations to help with the upkeep of the ailing orang-utan. The zoo would erect individual commemorative plaques for display in front of Ah Meng’s enclosure for donations above $10,000. Jim took pity on the poor animal, so he approached the manager on duty. They exchanged name cards (Jim’s name card read: “AMAZONE – your one-stop online bookshop; JIM SIM, Chief Executive Officer”) and Jim informed the duty manager that “AMAZONE” would make a one-time contribution of $20,000 to the zoo for the upkeep of Ah Meng. The duty manager gladly accepted Jim’s generous offer and ordered his staff to immediately erect a commemorative plaque in the name of “AMAZONE”. With reference to the factual scenario above, write down your answers to all of the following questions: (i) What type of company should Jim set up for his online book business? What is the main advantage of setting up such a company? (ii) How can Jim protect the name “AMAZONE” as an intellectual property right and how can Jim exploit the name “AMAZONE” over the Internet? Do you foresee any legal problems (with regard to intellectual property) that the company “AMAZONE” may face from its bigger and more established competitor, “AMAZON”? (iii) Is “AMAZONE” bound to donate the $20,000 promised by Jim to the Singapore Zoo for the upkeep of Ah Meng? - END OF PAPER - -4-...
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This document was uploaded on 04/07/2014.

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