business law final | HyaOsm

Final Assignment Description:
This assignment is individual and should be submitted by Turnitin on Moodle – A maximum
of 800 words (single space) for both cases.
Please read case one and case two and answer the below questions.
Case one: (40 marks)
Zein has been a loyal client to a regional electronic manufacturer and store called IDO. For
his wife’s birthday, he has chosen a sophisticated oven acting as a convection oven, air fryer,
dehydrator, slow cooker, broiler, toaster, and warming drawer. In addition to all that, the
oven can be controlled from the phone. Tania, Zein’s wife, was thrilled with this present
especially that she is a professional cooker and could not wait to try the new oven. Tania
made sure to read all the warnings and instructions made by IDO and to abide by them while
the next day she was using the oven to prepare a special meal for her husband. While waiting
for the meal to cook, Tania has moved into the living room to join an online business meeting.
Thirty minutes later, she turned off the oven from her phone by following exactly the
instructions provided by IDO and she continued peacefully her e-meeting. However, it seems
that the oven application did not work. The meal has burnt and the whole kitchen was caught
in fire. By the time she realized what was happening, the fire had extended to the rest of the
house. Gladly, Tania managed to go out of the house before it got burnt completely. Zein and
Tania have lost their house estimated at USD 800,000. After investigation, it turned out that
this oven was a new design in store, IDO has not made enough tests on the design to identify
any imperfection and in fact the design was defective.
a. 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)
b. If it turns out that the oven was designed and manufactured perfectly 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)
Case Two: (60 marks)
WakeUp Co. is a well-established company in the United States of America. Its researcher
team has invented a smart coffee maker that connects to Bluetooth and can be controlled
through a specific application. The advantage of this smart appliance is that you can also
talk to it and instruct the coffee maker to start preparing the coffee before even going out of
bed. Management has decided to call this coffee maker “Bright Morning”. They have
already manufactured thousands of coffee makers, and they are ready to distribute them to
seller stores. However, they are concerned that the coffee maker invention might be
improperly used, and they would like to ensure a legal protection for the invention. They are
also worried about the commercial name of the coffee maker.
Shein, a TV star, heard about the upcoming coffee maker invention. She published the next
day on all her social media accounts that she is very thrilled with this new invention and
promised You Are Not Alone Association (an association that takes care of abandoned older
people) to offer to the association 1000 coffee makers for all their guest houses as soon as it
is released. You Are Not Alone Association retweeted back Shein’s promise and expressed
their gratitude toward the star.
a. How can WakeUp Co. protect their invention from a legal perspective and under
which law? (5 marks)
b. Please explain and verify if the invention of WakeUp Co. fulfills the conditions
required for protection under law. (10 marks)
c. Please suggest a commercial 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)
d. The coffee maker is now available on the market. You Are Not Alone Association has
called Shein to ask her when to deliver the 1000 items. Shein said that she has 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)
e. Decide if the behaviour of Shein is ethical providing two ethics-based arguments. (10
marks)