Local Supermarket.

There are 2 question and write 400words for each.
Must be referenced the text book which is Business law for University of Canberra. When you use the case in the essay.

Question1. (Negligence)
Local Supermarket.
Ben busy on phone. Wasn’t paying attention. Walking near the freezer area, slipped on some wrapping paper that has been left on the floor. As Ben tried to recover his balance, he caught his arm on the edge of the open freezer and cut his arm on a pack of freezer prawns sticking up out of the top of the freezer.
Ben sustained a very deep cut to his right arm when he tried to break his fall and stop hitting himself with his own shopping basket. Sam, who was also shopping, saw Ben fall and came to help him. But as he was trying to help Ben to his feet, he lost grip of Ben’s hand and Ben twisted his ankle.
The supermarket manager apologised to Ben saying that accidents happen but there is a cleaning policy in place that requires a staff member to check the floors every half hours and more frequently during busy periods. He said the last time a staff member checked the floor was 25 minutes before Ben fell. He also told Ben that he should have been a little more careful and that being on the phone whilst shopping is a dangerous activity and he needed to pay attention.
As a result of his injuries, Ben is unable to partake in the swimming championship selections. There is every indication that Ben could have received a gold medal in the 400 metre butterfly race qualifying him for the next commonwealth game. But due to his injuries, this is now gone.

Advise Ben on actions against:
1. Supermarket
2. Sam

It should be followed as:
Step 1: Does D owe P a duty of care?
Step 2: Has the defendant breached their duty of care?
Step 3: Has P suffered damage?
Step 4: Does D have any defences?
Step 5: What will P recover?

You should put some case which is related with the question.
For example, Negligence means that the failure to exercise reasonable care and skill. The first element of negligence must establish that the defendant owe a duty of care to the plaintiff. In Goldman v Hargrave [1967] the Privy Council establish that Goldman was responsibility for the spread of the fire to Hargrave’s land since the hazard could have been removed with little effort and no expenditure.

Question2. (Property law)

Peter learned how to play a piano and organ to a very high standard while he was at school. After he started at University studying Law, he found relaxation playing keyboards with four other students with similar tastes in pop music, in effect making up a band. After a while they realised that they were getting on very well and entered a “Battle of the Bands” competition, which had as its prize a recording contract with a major recording label.
To their absolute amazement they won the competition, and were soon contracted to play at various venues and to record the promised album. Once this was complete they resumed their law studies, balancing the demands of studying with their newfound fame as pop musicians. They started making were receiving for the recordings they made together.
Over the years they managed this balancing very well, and became well known and in great demand to appear at festivals and on the TV. This continued well after their graduation and commencement of their various careers, which saw two of the band leave and be replaced by new musicians, all the time making sure that their “sound” never changed.
After twenty years, they decided to retire the band and enjoy the flow of royalties.
Thirty years after they started out, they were inducted into the Rock and Roll Hall of Fame and this kick-started an interest in their work from a whole new generation of fans, and they have now been asked to re-form and play at a series of festivals and tour overseas.
Alistair, one of the band’s new members was only hired three months ago to replace one of the original members unable to perform this time due to personal reasons. Unfortunately, Alistair is causing problems to the band’s “sound” and despite this being pointed out to him, he does not really “fit in”. As a result, the band decided not to included Alistair in their new touring plans, nor in any new recordings they may make.
Alistair has now threatened legal action through seeking an injunction aimed at preventing them undertaking the tour, on the basis as a member of the band he is entitled to be included in everything the band does, including touring and recording.
He is also threatening an application for damages and a share of all of the profits the band may make if they do go ahead with the tour and recordings.

Advise Peter on the rights he and the band have under intellectual property law.

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