Describe the nature of general tortious liability comparing and contrasting to contractual liability

Assignment Scenario
You (Adrian), Ben and Cecile are the one of the three partners of the company ‘Business Logic’. Your main trade is to offer advice to companies on the best and cheapest goods or services available online. Your work is, therefore, to conduct extensive online searches and offer reliable information to companies within very short periods of time.
In this context, please conduct research and answer the following questions to the best of your ability;
Assignment Question(s)
Question 1 (Learning outcome: 1) Describe the nature of general tortious liability comparing and contrasting to contractual liability
i. Client A is offering to you a bottle of expensive French champagne as a gift during the opening of your new premises in Amsterdam. The champagne is contaminated with chemical soap used to clean the bottles. As a result you fall ill. Can you sue the champagne company? Would your situation be different if you had bought the champagne yourself? Please compare contract and tort liability and explain the meaning and implications of the rule of privity.
Question 2 (Learning outcome: 1) Explain the liability applicable to an occupier of premises
Two days after the formal opening of your offices in Leidseplein at the third floor of a building, a woman and her three year old son come into your office. Your secretary instructs them to take a seat in the waiting room and wait for you to meet them. While they do so, however, the son touches an exposed electricity wire on the floor. It seems that your sub-contractor forgot to cover it up.
i.   Explain what is premises and who can be considered as an occupier of premises here. For present purposes, assume that the company does not have a separate legal personality.
ii.Compare the liability of the occupier as regards the 8-year-old boy and his mother. What is the applicable legal standard?
Question 3 (Learning outcome: 1) Discuss the nature of employer’s liability with reference to vicarious liability and health and safety implications
A month after your company starts functioning; one of your secretaries decides to go out to the designated smoking area in the balcony for a cigarette break. Instead of putting out the cigarette in the ashtray, he throws it off the balcony and on to the balcony of the downstairs firm, where there is flammable material (carton box with paper). As a result a fire erupts and the downstairs company suffers serious damage; they need to shut down for a month, repaint their premises and throw away files and documents contaminated by smoke.
i.   What is the extent of your liability for the damage caused by your secretary, if he was one of your employees?
ii.What would be the extent of your liability, if the secretary was an independent contractor?
Question 4 (Learning outcome: 1) Distinguish strict liability from general tortious liability
Your company failed to provide correct advice to a client because of carelessness.
i. Explain whether your company would have strict or general tort liability, and analyse the difference between the two concepts.
Question 5 (Learning outcome: 2) Explain and understand the application of the elements of the Tort of Negligence
On your way to work, you are buying a café latte from the down stairs cafe. The milk used for your coffee has expired however, and you fall sick as a result of its consumption.
i.   What are the elements of the tort of negligence according to the Donoghue v. Stevenson Case?
ii.How can they apply in the present case?
Question 6 (Learning outcome: 2) Analyse the practical applications of particular elements of the Tort of Negligence
i. Explain the difference between causation in fact and causation in law, and offer one case as an example of each.
Question 7 (Learning outcome: 3) Describe the nature of International Business Entities, the registration and formation of such entities
i. What is in your view the most important consequence of the veil of incorporation?
Question 8 (Learning outcome: 3) Analyse the benefits of various International Corporate Entities
Your company has failed to honour its agreement to provide timely advice to client A.
i. Explain the difference in liability if your company is an unregistered partnership or a limited liability company.
Question 9 (Learning outcome: 3) Discuss the nature of the franchise relationship and the franchise agreement
Business is not particularly booming. As a result, you and your partners are considering closing down the company and opening up a Samsung franchise in Amsterdam.
i.   What does ‘franchise agreement’ mean?
ii.What are the advantages and disadvantages that you should be aware of before signing a franchise 
agreement with a franchisor?
Question 10 (Learning outcome: 4) Identify differing forms of intellectual property
i. Your company has intellectual property rights over its photo albums, its name and its new keyboard, developed particularly for facilitating internet sales searches, called ‘Price Find’. Explain the forms of intellectual property available for each of these items and the duration of the protection.
Question 11 (Learning outcome: 4) Apply and evaluate the principles relating to the protection of inventions through patent rights and their infringement in a given business scenario
Your company has invented in the Netherlands a revolutionary new mechanism for cooling off computers. You are wondering whether it would be more beneficial for you to apply for a Dutch or a European Patent, according to the system of the European Patent Convention. You are particularly concerned of the possibility that someone in Turkey would copy your invention.
i. Apply and evaluate the principles relating to the protection of inventions through patent rights according to the system of the European Patent Convention. Address the usefulness of filing an application for patent registration with the European Patent Office vis-a-vis a patent application filed with a national patent office.
 
Question 12 (Learning outcome: 4) Apply and evaluate the principles relating to copyright protection and their infringement in a given business scenario
You decide to take a day off and go to the movies with your best friend, Dominic. In the premiere of the film “Hobbit 2” in Pathe FilmTheatre in Amsterdam, Dominic uses a hidden camera and records the entire movie. When he arrives home, he digitalizes the film in a format appropriate for uploading on an internet file-sharing website. Later that night, he successfully uploads the film on the internet. In three days, more than 100,000 users have downloaded the film and even commented on the quality of his copy.
i. Apply and evaluate the principles relating to copyright protection in these circumstances. In particular explain what is protected by copyright, as well as whether, in your view, there is an infringement of copyright in this case.
Question 13 (Learning outcome: 4) Compare and contrast the protection of trademarks and business names
Your company has the following registered trademark: Busin€ss Logic
i.   Explain the way in which company names are protected by trademark registration in the European Union. Identify in particular the applicable legal texts and the main principles established therein as regards trademark protection. Do you consider the existing framework of protection adequate? Why/why not?
ii.As a new entrepreneur, would you be able to register your name (e.g. Eric De Clerk) as a trademark? Under what conditions, if any?