QUESTION 1 (40 marks) MEMORANDUM To: Bilal Imran – Partner From: Mirna Sulovic – Trainee Date: [today] Subject: PregnaForm Ltd – Potential actions against Maternity Wear Discounts This memorandum will explain the causes of actions that PregnaForm Ltd (“Pregnaform”) may have against Maternity Wear Discounts (“MWD”) for selling a maternity ...
Read MORETyla Quick, the world’s most popular pop singer, is currently on her Hype 2026 world tour. She will be coming to Auckland to perform at Eden Park for one night only on Saturday, 15th August 2026. The concert is expected to attract not only a local New Zealand crowd but also foreigners, with fans travelling from as far as the UK, Australia, Samoa and Fiji. Eden Park has a maximum capacity of 60,000 people for concerts. The company Pop and Soul is both the promoter of the Hype 2026 concert and the owner of Eden Park. The cost of a general admission ticket to attend the concert is $300 NZD. Pop and Soul also issued 1,000 limited VIP tickets (directly in front of the stage) costing $3,000 NZD per ticket. The day before the much-anticipated concert, Pop and Soul announced that general admission tickets were completely sold out, but that 100 VIP tickets were still available for sale. Caesar, a billionaire who lives in an 8-bedroom, 3-storey mansion on the hills overlooking Eden Park, has created a Facebook Event page inviting all his friends to view the Tyla Quick concert at his home. On the event page, he writes: From my very spacious balcony directly facing Eden Park we could all have a bird’s eye view of the entire concert together. If you bring your binoculars, I assure you that you will have an excellent view of Tyla Quick. It will be ten times better than the VIP Experience! Let’s call it a lavish “VIP Balcony Experience!” On the Facebook Event page, Caesar explained that he will be hiring a caterer for that night to provide Mediterranean dishes, juices and premium drinks. He further stated that “champagne would flow like water”. On Saturday, 15th August, about 100 friends showed up at Caesar’s mansion, most with binoculars in hand to view the concert. One of these friends is Slim Shady, a wealthy, award-winning film director. Caesar, who is intrigued by gadgets, uses his party as an opportunity to test out his latest Sony FX3 camera. He spent most of the night filming his party and the concert for his own private purposes. While filming, Caesar was pleasantly surprised by the quality of the camera’s extended Zoom. He was able to film Tyla Quick performing her hit songs, as if he were just 50 meters away from her. Thrilled by his raw footage, Caesar LAW141 – 2026 Written assignment downloads all his video files onto his laptop and proudly shows them to Slim Shady. Caesar then went off to socialise with his guests and to mix drinks. Impressed by the raw footage, Slim Shady transferred all the video files taken that night from Caesar’s laptop to his trusty USB stick. Slim Shady did not tell Caesar this, nor did he delete the raw digital files from Caesar’s laptop. Two weeks later, Slim Shady submitted a 15-minute documentary called “Tyla Quick – The VIP Balcony Experience!” which premiered at the prestigious Auckland Film Festival. The documentary went on to win the coveted $100,000 NZD award in the “best short film” category. Caesar is upset because he realised that the entire documentary was made up of his raw video footage taken from his Sony FX3 camera. Pop and Soul is also outraged as they consider themselves the owners of the Tyla Quick Hype 2026 concert experience, and they did not permit either Caesar or Slim Shady to film or broadcast the event. You have been asked to provide the following advice to Pop and Soul and Caesar: a) Did Pop and Soul own the Tyla Quick Hype 2026 concert, and could they file a successful injunction to prevent Slim Shady from further distributing his 15- minute award-winning documentary? (20 points) b) Could Caesar successfully sue Slim Shady for the tort of conversion? (20 points)
This assignment will provide advice to Pop and Soul and Caesar regarding their respective legal positions following the filming of ...
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