State the law. If you are stating a legal principle that comes from case law sta

Question

State the law. If you are stating a legal principle that comes from case law state the case and the citation that you are using as authority for the legal principle. If you are relying on a statute for legal authority then state the section number and name of the statute that is relevant.

3. Kevin is an antique dealer. He appoints Ravi to sell furniture on his behalf. One of the items Kevin wants sold is a twelve seater oak dining table. He instructs Ravi that he will not accept less than $7,000 for the table. Ravi places an advertisement in a local newspaper advertising the table for $7,000. Theresa responds to the advertisement. She has recently renovated a period home and the table would be perfect for the formal dining room. Theresa offers Ravi $6,500 which Ravi promptly accepts. All along, Theresa is unaware that Kevin is the owner of the table. When she takes delivery of the table there is large scratch on the top of the table. Theresa is furious and advises Ravi that she does not want the table now that it is not in the condition it was in when she inspected it previously. Ravi advises her that it is not his problem because he is not the owner of the table. Advise the parties.

4. Trevor composes music on his computer using a software program called ‘Sibelius’. He sometimes plays music he has composed to his friends before they are released for sale. After Trevor has composed music he sends it to a distributor who sells it in Europe. Trevor plays an unreleased composition to a group of friends including Declan. After hearing this composition, Declan goes home and composes a piece of music that sounds virtually identical to Trevor’s, particularly the chorus. Declan then sends it to a distributor who releases a CD in Europe. It is a huge hit and Declan makes a large amount of money from CD sales. Trevor is furious and accuses Declan of stealing his composition. Advise the parties

Explanation / Answer

According to the consumers law it is necessary that the goods sold by the seller marches the one shown in the advertisement. In this case the table was damaged and did not resemble the advertisement put up in the newspaper. The seller needs to be notified by Kevin regarding the damage. She can file a case against Ravi if he refuses to accept the damaged furniture. The picture of the newspaper can form proof that the furniture is not how it was shown. There is strict liability for product defects. Kevin in this case created demand for the furniture and sold faulty product.

4. Declan has indulged in copyright infringement by plagiarising the music of Trevor. The stealing of intellectual property is punishable under copyright infringement law. This is unauthorised copying, distribution and selling of intellectual property. In this case Trevor had already sold his music to a distributor before making Declan listen to it. Hence legal action can be taken against Declan who copied the music and sold it making it a huge hit. Trevor has evidence to prove that the music that Declan stole was created by him.

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