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Case Study XXXXXXXXXXmarks (maximum 1200 words) You are the licensee of an inner city tapas restaurant with an ‘on licence’ permit. Your clientele is mainly young professionals. One particular client,...

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Case Study XXXXXXXXXXmarks (maximum 1200 words)

You are the licensee of an inner city tapas restaurant with an ‘on licence’ permit. Your clientele is mainly young professionals. One particular client, Larry, has become a problem. Larry comes in regularly on Friday night and appears to have an addiction to sangria. The consequence is that he becomes drunk very quickly and often argumentative with both staff and other customers. Last week after an argument he struck another customer.

Part A - What are your rights and obligations in relation to Larry, your staff and other customers under statute and common law? (8 marks)

Yan a software developer is concerned that Glenys an ex employee might be using some software she developed while she was working for Yan as well as some confidential information obtained while she was working for Yan.

Part B - What intellectual property regimes or tort law apply here and what remedies might Yan have?( 7 marks)
Answered Same Day May 19, 2020

Solution

Vineet Kumar answered on May 21 2020
140 Votes
1
Case Study 3
Part A
As per the situation given in the case scenario, it can be said that the action of the La
y is just against the common behavior which is accepted in the societies. As per the statute law of Australia, there is a law related to the serving alcohol. According to the Liquor Control Reform Act 1998, a licensee, employee or manager is required for complying with the following laws (State Government of Victoria 2018):
· The permission to drunkenness on premises would be an offence;
· Serving alcohol to a drunk person would be an offence;
· It is an offence to serve alcohol to anyone under 18 years-of-age;
· Supply of alcohol to an underage person is an offence;
· To allow such person who has violent nature, or behave indecently or qua
elsome on licensed premises would be an offence (Government of Western Australia, 2014);
This act imposes restrictions on the licensee to reduce the probability that others may create problem for a customer or their family members or their friends.
Applicable Case
Under the common law of Australia, the protection of human rights is an important obligation of the employer towards the employee and the customers. In this context, tort law is applied that described the duty of care towards the employees and customers. In case “O’Connor v Commissioner for Government Transport (1959) 100 CLR 225” a court held that every employer has some duty of reasonable care towards the employee in the term of their safety (GA Publishing Mosman 2018).
Tort Law of Australia also discusses the employers’ duty of care. Under tort law, it is a responsibility of the restaurant owners to keep the property safe for customers who drink and eat there. If there is any issue related to safety, the owner is responsible to provide a warning to them before entering the property (Harpwood, 2009).
Conclusion
As per above defined act, it is an obligation of the licensee to prevent the customers, and staff members from the misbehavior of La
y. As a licensee, I have legal right to not allow La
y by entering into licensed premises and the reason that can be used such restriction is his misbehavior after taking a drink. In the similar context, I am also obliged to prevent the staff member and other customers from any unpredicted action of a drunk person. To inform people about violating behavior of a particular customer who misbehaved against others after taking alcohol. On behalf of this act, customers may
ing the lawsuit against the licensee for the
each of the act. This is because the licensee was well aware of the behavior of La
y but licensee allowed La
y to entre on the licensed premises that...
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