LAWS1100 Semester One Final Practice Exam 2023
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LAWS1100 Semester One Final Practice Exam 2023
ANSWER BOTH QUESTIONS
QUESTION 1 (25 marks)
Melissa purchases a ticket to the musical “Cats”, which is playing at Brisbane’s Convention Centre (BCC).
On the evening of the performance, Melissa walks to the cloakroom (a secure place at the BCC in which people safely store their belongings) and asks for her expensive fur coat to be stored until the performance is over. The attendant of the cloakroom tells Melissa that it will cost $10 to store her coat in the cloakroom, and hands Melissa the cloakroom contract for her to sign. Before Melissa signs the contract, the attendant gives Melissa a separate piece of paper containing the terms and conditions of the cloakroom contract. Melissa replies “I don’t need to read this”, pays the $10 and signs the contract. Melissa is then told by the cloakroom attendant that her coat will be stored in Locker 5.
After the performance, Melissa returns to the cloakroom and notices that the cloakroom has been left unattended and the key to Locker 5 is lying out, visible, on the front desk. Melissa enters the cloakroom and sees that Locker 5 is open and her fur coat is missing.
The cloakroom attendant finally arrives back and apologies for his absence. He says that he was called away and must have left the key out on the desk. After a police investigation, it is determined that during his absence, a thief used the key to unlock the locker and steal Melissa’s fur coat.
Melissa makes a claim against the BCC. However, the BCC argues that they are not liable because of a disclaimer that is clearly visible in the document containing the terms and conditions of the cloakroom contract. The disclaimer reads:
The Brisbane Convention Centre accepts no responsibility for any loss or damage to the property of any of its patrons whilst on their premises, however that loss or damage may arise.
Advise Melissa as to whether BCC will be liable for the loss of her coat, or whether the BCC can rely upon the disclaimer to avoid liability.
(Note: for the purpose of this exercise you may assume that a contract has been formed.)
QUESTION 2 (25 marks)
Alex is a law student at the University of Brisbane (UB). One day Alex wakes up late and realises he cannot make it to his 8am lecture. Alex phones his classmate, Travis, and asks Travis to secretly record the lecture with a digital voice recorder so that Alex can listen to it later. UB has a policy that they do not record any lectures.
The lecture goes for two hours and is divided into two sessions. During the first hour, Alex’s usual lecturer, Professor Butler, presents a lecture on the topic of Contract Law. The lecture is given by reading out a set of comprehensive teaching notes which Professor Butler prepared prior to class.
During the second hour, Professor Butler invites another academic at UB named Charley to talk to the students. Charley is also a corporate lawyer who gives an unscripted presentation on real-world Contract Law issues whilst answering various questions from students about his legal experiences.
The day after the lecture, Travis sends Alex the recording. Alex listens to it, and then also sells the recording to other students who also could not attend the lecture.
Advise Alex and Travis whether they have committed an intellectual property breach. Explore all aspects of the law including copyright protection, ownership and whether there are any relevant defences.
2023-06-10