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You are a senior manager at global computing giant Apple.com… You are a senior manager at global computing giant Apple.com (‘Apple’). Apple designs, manufactures and sells mobile phones, tablets, computers and related hardware and software. The company also sells and delivers digital content and applications though its iTunes Store, App Store, iBooks Store and Apple Music Store. Apple allows users to pay for purchases with participating applications via its payment platform, Apple Pay. Provide the Chief Executive Officer (‘CEO’) with legal advice about the following scenarios, and a recommendation about how to prevent similar incidents in the future. Include detailed reasons:   1. Last month, Prabesh, a part-time senior account manager, contracted COVID19 while at work at Apple’s North Sydney Office. As a result, Prabesh became very ill and was hospitalised and unable to work for a month. An investigation has revealed that Prabesh contracted the infection from a cleaner who cleaned his office the day after he became infected. The cleaner was employed by Apple but also worked at Qantas Ltd on weekends, cleaning international aircraft arriving from Europe. Apple does not require cleaners to inform Apple if they are engaged in other work outside Apple in places where they are at higher risk of contracting COVID19. Prabesh has engaged a lawyer who is demanding compensation from Apple.  2. Apple’s standard customer contract, which is available on Apple’s website, and to which customers must click ‘I agree,’ contains an exclusion clause which states that Apple is not liable if the customer suffers any loss or damage if Apple software contains a virus. Apple’s Manager of Customer Complaints in Australia strictly enforces this policy, telling customers that they have ‘no legal right to a refund or damages’ if a virus carried on Apple’s software infects their computer. Garry’s computer stopped working after a virus entered his computer system when he installed a new update to his Apple computer, downloaded from Apple’s App Store. Apple had failed to check the update for viruses. As a result, he had     to         buy       a new computer.           Is        Garry entitledto         damages           from     Apple?   3. Apple has purchased a fleet of six (6) mobile sanitation trucks for its offices, in response to the global pandemic. The contract of sale didn’t specify the place of delivery. Apple expects that the trucks will be delivered to its Head Office in Sydney, but the supplier says that Apple must arrange to collect the trucks from its warehouse in Adelaide. This will be very expensive. Does Apple have to arrange to collect the trucks at its own expense?  4. Epic Games (‘Epic’) sells its hugely successful game, Fortnite, via Apple’s App Store platform. Last month, Epic released an update on the Fortnite product, which enables users to bypass Apple’s Apple Pay system and pay Epic directly for its in-app content. Under Epic’s contract with Apple, Apple receives a 30 per cent commission on in-app purchases made via its Apple Pay system. In response to Epic’s update, Apple removed the Fortnite game from its iOS platforms. Apple is allowed to do this under its contract with Epic, because it has the right to terminate the agreement ‘for any reason whatsoever and without notice.’ As a result, Epic is now unable to generate any sales revenue from Apple users in Australia, including all iPhone and iPad users. Accepting that Apple had a contractual right to terminate its agreement with Epic, has Apple nevertheless broken any other Australian laws? Assume that Apple has a 40 per cent share of the smartphone, tablet and personal computer market in Australia.  5. Apple wants to join together with Australian infrastructure company, NetStrong Pty Ltd, to build a 5G network in remote areas where the Australian Government has failed to provide adequate 5G coverage, so that it’s customers can access the internet. They have agreed to enter into a partnership to do thiis. Is this a good idea? What would you recommend? Give reasons.   Business Management Business Law LAW 102

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