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Mapa mental

Chapter 8 & 9

Bei Yu Ng Law Inglês

Conteúdo do mapa

Chapter 8 & 9

  1. Chapter 8- The Law of Torts

    • Introduction
      • Contract & Tort
        • Independent on Contract
        • X Agreement
        • Infringement of Rights
        • Plaintiff suffers Harm
      • Criminal Law & Tort
        • Motive generally X relevant (X want to Happen)
      • Compensate Victims of certain forms of Harmful Conduct
    • Defamation
      • Elements
        • 1.Statement referring (Direct/indirect) to Plaintiff
        • 2.Published by Defendant to 3rd Party
        • 3. Tends to ↓ Plaintiff in Estimation of right-thinking members of Society Generally
        • 4.Tends to cause him to be Shunned/Avoided
      • Forms, Special Damages
        • Slander
          • Oral/Gestures
          • X prove suffered
            • Alleges Unchastity/Adultery to any Women/Girl
            • Calculated to Disparage Plaintiff in any Office, Profession, Calling, Trade/Business held/carried on
        • Libel
          • Permanent Form (Writing/Drawing/Email/Social Media)
          • X prove suffered
        • Loss Quantifiable in Money Terms
      • Untrue Statement published by Defendant to 3rd party that tends to Injure the Plaintiff's Reputation/Cause him to be Shunned/Avoided by Ordinary Members of Society
        • X prove Statement Untrue
      • Defences
        • Justification
          • words published True in Substance
        • Fair Comment
          • Public interest, expression of Opinion based on Facts, X Malicious
        • Absolute Privilege
          • X Defamatory if
            • Parliament; Parliament Papers; Course of State Communications; Course of Judicial Proceedings & Newspaper reports of Judicial Proceedings(Fair & Accurate)
        • Qualified Privilege
          • Made under Legal, Moral/Social Duty to another who has an Interest to Receive it
          • Statement X Published(unless necessary) & X Motivated by Malice
          • Testimonials
      • Mitigation
        • Expeditiously make Offer of Apology, Express Regret & Retract/Correcting Falsehood Communicated
        • X Defence
          • X affect Defendant Liability to Plaintiff
          • May ↓ damages payable
      • Through Written/Spoken Words, Electronic Communication/ Drawings/Gestures
    • Negligence
      • Elements
        • The Duty of Care
          • Neighbour Test/ Test of Reasonable Forseeability
            • Factual Determination, Reasonably Foreseeable that defendent's actions would cause harm to plaintiff
            • 1. Proximate R/S betw Parties
            • 2. Policy Considerations Negating Finding of Duty of Care
          • Careless Person Compensate Victim of his Carelessness
        • Breach of the Duty of Care
          • Exceptions
            • Adults & Minors
            • Physically Fit & Disabled
            • Expert Skill & Knowledge
          • X Reasonable Steps ensure Standard of Care required by Duty is compiled with
          • Reasonable= measured on Objective Standard
        • Causation
          • Plaintiff prove Direct Result of Breach (actual Physical Injury, Psychiatric Injury, Loss/Damage)
        • Damage X Remote
          • Plaintiff prove Damage resulted Directly from Defendant's Breach of Duty & Type of Damage Reasonably Forceable
            • Psychiatric Injury/Nervous Shock
      • Defences
        • Contributory Negligence (Partial Defence)
          • Conduct Contributed to Accident itself/Contributed to Nature & Extent of Injuries
          • Defendant X show Plaintiff Owed Duty of Care
        • Voluntary Assumption of Risk (Complete Defence)
          • Sports Events
          • Voluntarily Consented to Tort
        • Owed X Duty of Care to Plaintiff
        • Owed Duty of Care, Acted Reasonably & X Breached Duty of Care he Owed
        • Owed Duty of Care & Breached Duty, Breach X Cause Plaintiff Loss
        • Owed Duty of Care, Breached Duty of Care & Caused Plaintiff Loss, Plaintiff Loss Remote
      • Failure to take Reasonable Care
        • Negligent Act/Omission
    • Vicarious Liability
      • Liability for Tort of Another Person
        • Special R/S (Employer-Employee)
      • Difference betw Employee & Independent Contractor
        • Independent Contractor= Undertake to Produce Given Result, actual Execution X under Control of person for whom he does it
        • Employer Liable for Tort of Employee, X liable for Independent Contractor
      • Reasons
        • Employer Profits from work of Employee, Reasonable
          • Acts/Omissions
          • Claim Against Employer, pay Damages
          • Employee X Excused from liability, Plaintiff Choice Sue Employer & X Employee
      • Course of Employment
        • In the Course of Employment
        • Discharge Duties in Improper Way/ Way Expressly Forbidden by employer
          • Commit Tort
            • Employer Liable
        • Employer Liable if Employee Commit Wrongful Act/Omission ratified by him (Consent/Condone Act)
  2. Chapter 9- Intellectual Property

    • Copyright
      • Sources
        • Copyright Act, Berne Convention, WTO
      • What it Protects
        • Literary Works
          • Books, Lyrics, Articles, PC games
        • Dramatic Works
          • Scripts (Film/Plays/Stage)
        • Musical Works
          • Musical Scores
        • Artistic Works
          • Sculptures, Paintings, Drawings, Photographs, Buildings
        • Other Works
          • Sound recordings, Films Television & Radio Boadcasts, Cable Programmes, Performances, Published Editions of Literary, Dramatic, Musical & Artistic Works
            • Entrepreneurial Copyrights
      • Ownership
        • Author, Entrepreneur producing Recording, Films, Broadcast, Cable Programme/Published Edition
        • Copyright Sold for Valuable Consideration
          • Author sell to Publishers in ex▲ Royalties
        • Employer Copyright if Employee Create Work/Subject Matter under Employment Contract
      • Rights
        • Reproduce Work in Material Form
          • Copies of Work
        • Publish the Work
          • Publish in Print/Internet
        • To make an Adaptation of Work
          • Non Dramatic Work → Dramatic Form
      • How it Arises
        • X Registration, ✔ Evidence Prove Ownership
      • Duration
        • Literary, Dramatic, Musical, Artistic Works
          • 70 Years from end of year Author died
          • 70 Years after first Published (after death of Author)
        • Published editions of Literary, Dramatic, Musical/ Artistic Works (layout)
          • 25 Years from end of year Edition 1st Published
        • Sound Recording & Films
          • 70 Years from End of Year Release
        • Broadcasts & Cable Programmes
          • 50 Years from End of Year Making of Broadcast
        • Performances
          • 70 Years from End of Year of Performance
      • Infringement
        • Primary Infringement
          • Nature of Protected Material
            • Compilation Works, ↑ entries, X 1/2
          • Amount of Effort, Skill & Labour used to Create Original Work
            • ↓, need ↑ copying → Substantial Copying
          • Essential Part of Original Work Taken
            • Chorus of Song
          • Idea VS Expression
            • Protect Forms of Expression X Idea Itself
              • Express same Idea Differently
            • Produced must X "look & feel" Original Work
          • Person who X own the copyright in a work & who does any of the Exclusive Acts of the Owner w/o Owner's Permission Infringe Copyright
        • Infringement by Authorisation
          • Person who could take Reasonable Steps within his Control, Prevent another person from committing Primary Infringement but Fails to do so
        • Secondary Infringement
          • Person who Commercially distributes Infringing Copies
            • Software, Books, Other Subject Matter
      • Defences to Copyright Infringement
        • Fair dealing for Research/Private Study
          • 1 whole article in Periodical Application
          • up to 10% of no. of pages in book comprising of >=10
          • Book ÷ chapters, up to 1 chapter (even if exceed 10%)
          • work stored Electrical Form, Copy up to 10% total bytes
        • Copying by Non-Reprographic process
          • by hand (course of Education)
        • Recording for Private & Domestic use
        • Back-up Copy of Genuine PC Program
        • Fair Dealing for Criticism/Reveiw
          • sufficient Acknowledgement of Work
        • Copying by Educational Institutions, Libraries
        • Students in Educational Institution-LMDA
          • Performance course of activities of Educational Institution before audience
          • Literary & Drama: Audience, persons connected to Institution
      • Remedies
        • Injunction against Threatened Infringement
        • Seek Damages & Account of Profit (if Infringer made Profits at Expense)
      • Offences & Penalties
        • Civil Liabilities
        • Import/Sale Infringe Copyright→ Criminal Offence
        • Fines, Imprisonment, Premises Searched (Infringing Copies of Original Work)
      • Intellectual Property right given to the Creator of an Original Work
    • Trade Marks
      • Contains
        • Name (Company/Individual/Firm) represented in Special/Particular name
          • Written/Printed X sufficiently Distinctive
        • Invented Word
        • Any other Distinctive Mark
      • Registration
        • Lasts 10 years, Renewable every 10 Years
      • Infringement
        • Any other Person who uses Trade Mark or confusingly Similar Trade Mark
          • may be Liable under Civil & Criminal Law
            • Claim Damages & Apply for Injunction
      • Sign/Symbol represented Graphically, capable of Distinguishing Goods/Services of 1 Person from another
        • Register Trademark from IPOS
          • Identical/Similar to earlier Trademark & Registered for Similar/Identical Goods/Services X Register
            • Likelihood of Confusion (Public)
    • Passing Off
      • Business Goodwill
        • Benefit attached to brand name, trade description/Packaging customers associate w particular business
      • Defendant Committed acts of Misrepresentation leading to Confusion & Deception
      • Reasonably Foreseeable that Misrepresentation cause Injury to Business/Goodwill of another trader
        • Plaintiff must carry on Business in SG/Engaged in pre-trading activities in SG→generate goodwill wished to protect
          • Pre-trading activities:Advertising & Promoting Business through Press realeases & Publicity events, distribution of flyers & Brochures to potential clients & taking orders & filing applications for registration of trademark
      • when TradeMark Refused
      • both Tort as well as a matter that gives rise to intellectual property issues
      • Occurs when 1 trader represents that his goods are those of the plaintiff.
      • Defendant has tried to fool the public into believing that his goods provided by/connected with the plaintiff
      • done by Direct Misrepresentation (Plaintiff Marks/Imitations of Plaintiff Marks)
    • Introduction
      • Protects Products, Literary Works from Intellectual Effort, Labour & Investment from Piracy
      • Rights comprised in Copyright & TradeMark

Informações

Descrição
Law Mapa Mental sobre Chapter 8 & 9, criado por Bei Yu Ng em 18-08-2016.
Criado por
Bei Yu Ng · ago 2016
Atualizado
24 ago 2016
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