Legt free essay sample

On completion of this week in you should be able to: Explain what is ‘unconscionable conduct’ within the meaning of the ACL Explain what is meant by ‘misleading or deceptive conduct’ in s 18, ACL and identify different types of conduct that might be misleading or deceptive Identify the different types of false representations set out in s 29, ACL Identify defences available for breaches of the consumer protection provisions Suggest possible remedies for breaches of the consumer protection provisions Explain what the law says about ‘no refund’ signs Sale of Goods/Product Liability Please note – in this unit we are NOT DEALING with: †¢ Sale of Goods †¢ Product Liability Therefore the following paragraphs in Latimer are NOT RELEVANT:  ¶7-011 to  ¶7-215 3 4 Competition and Consumer Act 2010 (Cth) †¢ As discussed last week, the Competition and Consumer Act (‘CCA’) is a federal/Commonwealth statute that: Regulates ‘RESTRICTIVE TRADE’ practices to produce greater competition and efficiency in the market for the benefit of consumers; and Protects the interests of consumers of goods, services and land against ‘UNFAIR PRACTICES’ †¢ Prior to 1 January 2011, the CCA was known as the Trade Practices Act 1974 (Cth) Australian Consumer Law (ACL) †¢ Consumer law and ‘unfair practices’ dealt with by the Australian Consumer Law †¢ Australia Consumer Law (ACL) is Schedule 2 of the Competition and Consumer Act 2010 (Cth) †¢ In this course we will focus on the following types of conduct: ss 20-22: unconscionable conduct s 18: misleading or deceptive conduct s 29: false representations 5 The Regulator Australian Competition and Consumer Commission (ACCC) †¢ Regulator responsible for administering the CCA †¢ Primary responsibility: to ensure individuals and businesses comply with Commonwealth consumer protection, fair trading and competition/trade practices laws †¢ Until 1995, was the Trade Practices Commission (TPC) †¢ Also see http://www. We will write a custom essay sample on Legt or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page accc. gov. au Australian Consumer Law (ACL) Who is a â€Å"consumer†? See Latimer at  ¶7-012 †¢ Supply of goods or services †¢ Cost less than $40K: s3(1)(a) †¢ Cost more than $40K and are â€Å"of a kind ordinarily acquired for personal, domestic or household use or consumption: s3(1)(b) 8 Australian Consumer Law (ACL) Note: The ACL implies non-excludable consumer guarantees for the supply of goods and services to â€Å"consumers†: to be discussed later Australian Consumer Law (ACL) Who is a â€Å"consumer†? See Latimer at  ¶7-012 †¢ Purchase of goods by a business will be a consumer contract if: goods are personal, domestic or household goods AND not used up in business (eg for re-supply or in the process of manufacture etc) Australian Consumer Law (ACL) †¢ Who is a â€Å"consumer†? See Latimer at  ¶7-012 †¢ Section 3 asks: whether goods are acquired to be used or consumed (a consumer transaction) OR whether goods are to be used up in a business (a non-consumer transaction) Unconscionable conduct †¢ The unconscionability provisions provide consumers (and small business) with protection from unconscionable (unfair) conduct 12 Unconscionable conduct †¢ Where one party to a transaction is at a disadvantage, because of: age sickness illiteracy financial needs lack of explanation when required language (i. e. on-English speaking) and the other party takes advantage of this for gain Unconscionable conduct Amadio’s case: The plaintiff has to establish: †¢ They were in a position of ‘special disadvantage’ †¢ That substantially affected their ability to protect themselves †¢ The defendant knew, or ought to have known, of the plaintiff’s disability and not taken advantage of it AND †¢ Actions of defendant wer e unconscionable 13 Unconscionable conduct †¢ Section 20 (ACL): defines unconscionability in general terms â€Å"A person must not, in trade or commerce, engage in conduct that is unconscionable†¦. Applies the common law principles from Commercial Bank of Australia Ltd v Amadio to business disputes Unconscionable conduct †¢ Section 22 Relative bargaining positions of the parties Did the consumer have to comply with conditions that were not reasonably necessary? Did the consumer understand the documentation? Was there any undue influence, pressure or unfair tactics? Could the consumer have obtained the same goods or services elsewhere †¢ Section 21: prohibits statutory unconscionability in connection with the supply or acquisition of goods or services †¢ Section 22: statutory checklist (see next slide) 15 See Latimer at  ¶5-756) 16 Misleading or deceptive conduct †¢ Section 18 (ACL): ‘A person shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive’ Misleading or deceptive conduct †¢ Section 18 (formerly, s 52): most sued on piece of legislation in Australia †¢ Not restricted in its usage to consumers and can be equally enforced by competitors or suppliers against other competitors or suppliers Section 18 was formerly s 52 of the Trade Practices Act 1974 (Cth) 17 18 Misleading or deceptive conduct and the Financial Services Industry †¢ Misleading or deceptive conduct, misrepresentation and unconscionable conduct in relation to financial services are caught by the Australian Securities and Investments Commission Act 2001 and looked after by the Australian Securities and Investments Commission (ASIC) See Latimer at  ¶7-240 Misleading or deceptive conduct prohibited Section 18 is made up of the following elements: Conduct by a person In the activity of supplying goods or services in trade or commerce; and Who has engaged in misleading or deceptive conduct or conduct that is likely to mislead or deceive 19 20 What is misleading or deceptive? †¢ Conduct is misleading if it will: lead a consumer astray in action or conduct or lead a consumer into making an error Conduct is deceptive if it leads people to believe what is false, if it misleads as to a matter of fact: Weitmann v Katies Ltd, see Latimer at  ¶7-250 The test = question of fact to be determined in context of evidence/facts of each case 21 What is misleading or deceptive? †¢ Courts have formulated the test that a statement is misleading if: it would lead one ordinary member of the public, who is likely to read the statement or be influenced by it into error Case: Taco Company of Australia Inc v Taco Bell Pty Ltd See Latimer at  ¶7-250 †¢ †¢ 22 Relevant section of the public †¢ Who is likely to be misled or deceived by the conduct in question? †¢ Need to identify the class of persons who are prospective purchasers and who are likely to be affected by the conduct †¢ Ask: At whom was the conduct directed? Would those persons have been likely to be led into error by the conduct? Case: Taco Company of Australia Inc v Taco Bell Pty Ltd See Latimer at  ¶7-250 23 Relevant section of the public †¢ Once relevant section of public identified, consider all who come within it †¢ .. the astute and the gullible, the intelligent and the not so intelligent, the well-educated as well as the poorly educated, men and women of various ages pursuing a variety of vocations†¦. Case: Taco Company of Australia Inc v Taco Bell Pty Ltd See Latimer at  ¶7-250 4 What is misleading or deceptive? Whether conduct is misleading or deceptive is determined by the court using an objective test of: ‘†¦whether a reasonable person would be misled or deceived. ’ Standard for assessing conduct The standard should be set by reference to that section of the public who is exposed or potentially exposed to the relevant conduct 25 26 Likely to mislead or deceive †¢ Not necessary to pro ve that anyone was actually misled †¢ Need real possibility or not remote chance that someone might be misled Misleading/deceptive conduct What is ‘conduct’? †¢ Conduct has a broad meaning and includes: Statements of Opinion Broken promises and false predictions Statements that are literally true but which create a false impression Pre-contractual statements Silence BUT: puffery or self-evident exaggeration that are promotional statements in advertising and that cannot be taken literally (eg the juiciest oranges in Qld), will not be taken to infringe s 18 27 28 Silence Silence may be misleading or deceptive: TPC v The Colonial Mutual Life Assurance Society Ltd Silence †¢ Failure to communicate a relevant fact may cause the true representation of another fact to be misleading Abigroup v Peninsula †¢ No general duty of disclosure BUT conduct may be misleading or deceptive if facts give rise to a REASONABLE EXPECTATION OF DISCLOSURE See Latimer at  ¶7-250 †¢ Traditional secretiveness of a bargaining process is NOT a licence to deceive Poseidon Ltd v Adelaide P etroleum NL See Latimer at  ¶7-250 29 Misleading/deceptive conduct What is misleading or deceptive? †¢ Mere confusion or causing uncertainty will not amount to conduct that is misleading or deceptive. †¢ McWilliam’s Wines Pty Ltd v McDonald’s System of Australia Pty Ltd †¢ Parkdale Custom Built Furniture Pty Ltd v Puxu See Latimer at  ¶7-250 How to avoid acting in breach of s 18 †¢ Comparisons must be ACCURATE †¢ Compare like with like 31 32 Misleading/deceptive conduct Roadmap of s 18 †¢ See Latimer at  ¶7-251 False Representations False Representations: s 29 (ACL) Breach of section 29 will result in either: prosecution by the ACCC for a criminal offence OR the injured party being provided with civil remedies (eg damages). The section prohibits the making of false representations in connection with the promotion and supply of goods and services in 14 subsections†¦. See Latimer at  ¶7-290 to  ¶7-375 33 34 False Representations s 29(1)( a): No false representation about the standard, degree of quality, value, grade, composition, style, model, history or previous use of goods †¢ s 29(1)(b) no false representations regarding services †¢ s 29(1)(c): no false representations that goods are new †¢ s 29(1)(d): no false representations that goods or services have been ordered †¢ s 29(1)(e)/(f): no false representations regarding testimonials relating to goods or services †¢ s 29(1)(g): no false representations about performance characteristics, accessories, uses or benefits of goods or services †¢ s 29(1)(h): no false representations regarding sponsorship, approval or affiliation 35 False Representations †¢ s 29(1)(i): no false representations about the price of goods or services †¢ s 29(1)(j): no false representations about repair facilities or spare parts †¢ s 29(1)(k): no false representations about place of origin †¢ s 29(1)(l): no false representations about the need for any goods or services †¢ s 29(1)(m): no false representations about the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy †¢ S 29(1)(n): no false representations concerning a requirement to pay for a contractual right 36 Other unfair practices Bait advertising – s 35, ACL: A person is prohibited from advertising of goods or services at a special price where it does not intend to offer those goods or services for a reasonable period and in a reasonable amount See Latimer at  ¶7-420 No wrongly accepting payment – s 36, ACL: Knowing you will not or cannot supply the promised goods/services See Latimer at  ¶7-440 No misleading representations about certain business activities – s 37, ACL: A business must not make false or misleading representations about business opportunities See Latimer at  ¶7-450 37 Other unfair practices Referral selling – s 49, ACL: A person shall not induce a consumer to acquire goods or services by representing that the consumer will benefit after the contract is made by providing names of prospective customers See Latimer at  ¶7-480 No harassment and coercion – s 50, ACL: No use of pressure tactics or physical force/undue harassment or coercion See Latimer at  ¶7-485 38 Other unfair practices Pyramid Selling – s 44 to 46, ACL: A trading scheme in which a promoter offers to sell to a participant both the right to sell a particular product or service and the right to introduce others into the scheme in the same way Both the promoter and participants trying to recruit others in the scheme are caught under this section See Latimer at  ¶7-470 Other unfair practices Unsolicited Credit Cards – s 39, ACL: Prohibits the sending of unsolicited credit or debit cards to a person unless they were requested See Latimer at  ¶7-460 Unsolicited goods or services – ss 43, ACL: Prohibits a business pushing a right to payment for unsolicited goods or services See Latimer at  ¶7-460 39 40 Defences Defences for breach include: reasonable mistake of fact breach caused by a third party or due to some cause beyond the control of the defendant defendant took reasonable precautions and exercised due diligence to avoid contravention publisher’s defence: reliance on information supplied by another person, information/advertisement received in the ordinary course of business and publisher had no reason to suspect that publication would breach the ACL See Latimer at  ¶7-530 41 Enforcement and Remedies The ACL provides that certain breaches of the law are sufficiently serious such that they may be treated as criminal offences, to which criminal sanctions apply See Latimer at  ¶7-510 to  ¶7-540, see especially Table 1 at  ¶7-510 Misleading/deceptive conduct: Remedies Breach of s 18 is not an offence resulting in a criminal penalty: see Latimer, Table 1 at  ¶7-510 †¢ Remedies for breach of s 18 include: injunction damages but the misleading or deceptive conduct must have caused the loss or damage suffered †¢ Enforcement and Remedies Penalties (except for s18): $1 100 000 per offence in case of a corporation $220 000 per offence in case of a natural person Undertakings Substantiation notices Public warning notices Infringement not ices Injunctions Damages Other orders: Varying or refusing to enforce a contract Refund money or return property Specific performance Community service Corrective advertising Compliance programs †¢ †¢ †¢ †¢ †¢ †¢ †¢ See Latimer at  ¶7-520 43 44 No refund signs †¢ No need to display signs about refunds †¢ BUT if sign is displayed, need to be sure that it does not mislead consumers about their rights under the ACL For example, cannot claim ‘No refunds’, ‘No refunds after 7 days’, Exchange or repair only, or We do not refund’ Signs like these are likely to create the impression that consumers have no right to a refund at all See Latimer at  ¶7-370 No refund signs †¢ Consumers are legally entitled to a refund if the implied guarantees have not been met †¢ See www. accc. gov. au: brochure on Warranty and Refund Obligations 45 Consumer Guarantees when goods are supplied The ACL implies into consumer contracts certain non-excludable conditions and warranties (by retailers/suppliers and manufacturers to consumers): Regarding title and right to dispose of the goods: s 51, ACL Undisturbed possession: s 52, ACL Freedom from undisclosed securities: s 53, ACL Goods are of acceptable quality: s 54, ACL Goods are fit for purpose: s 55, ACL Goods match their description: s 56, ACL Goods match the sample (or the demonstration model): s 57, ACL Repairs and spare parts will be available: s 58, ACL Next lecture †¢ Final lecture: week 12 †¢ Tutorials will continue until week 13 (Note the above are mirrored in State Sale of Goods legislation, NOT studied in this course) See Latimer at  ¶7-035 to  ¶7-100 47 48

Famous Inventions and Birthdays in February

Famous Inventions and Birthdays in February Not only is February the month of Valentines Day, its also when a great number of inventions were created and patented, trademarked, or copyrighted and when many great scientists, scholars, and famous figures were born. Whether youre looking for someone who shares your February birthday or just want to know what happened on this day in history, check out the following lists of events that have happened during this month throughout history. Patents, Trademarks, and Copyrights From the digital voicemail system to Kooky Doodles, February has celebrated the birth of many inventions and pieces of writing or art. Find out when some of the most popular inventions and literary works were first patented, trademarked, or copyrighted. February 1 1788 - The first US patent for an improvement to steamships was issued to Isaac Briggs and William Longstreet.1983 - Matthews, Tansil, and Fannin obtained a patent for a digital voice mail system. February 2 1869 - James Oliver invented the removable tempered steel plow blade1965 - Alfonso Alvarez received a patent for dual-vent windows. February 3 1690 - The first paper money in America was issued in the colony of Massachusetts.1952 - The first episode of the TV program Dragnet was copyrighted. February 4 1824 -  J. W. Goodrich introduced the world to the first rubber galoshes.1941 - Roy Plunkett received a patent in for tetrafluoro-ethylene polymers (TEFLON). February 5 1861 - Samuel Goodale patented the first moving picture peep show machine. February 6 1917 - Sunmaid raisins were trademark registered.1947 - Frank Capras Its a Wonderful Life was copyrighted. February 7 1804 -  John Deere, pioneer manufacturer of agricultural implements was born.1995 - Larry Gunter and Tracie Williams received a patent for a personalized interactive storybook February 8 1916 -  Charles Kettering received a patent for a self-starting automobile engine. February 9 1811 -  Robert Fulton was granted a patent for the practical steamboat. February 10 1976 - Sidney Jacoby was granted a patent for a combination smoke and heat detector alarm. February 11 1973 - National Inventors Hall of Fame was founded on the anniversary of Thomas Edisons birth in 1847. February 12 1974 - Stephen Kovacs received a patent for a magnetic heart pump.1983 - The circular thing that keeps the pizza from hitting the inside of the box top (called a package saver) was invented by a guy from New Jersey. February 13 1979 - Charles Chidsey received a patent for male baldness solution. February 14 1854 - Horace Smith and Daniel Wesson patented a firearm.The 14th is also Valentines Day and someone has patented romance. February 15 1972 -  William Kolff obtained a patent for the soft shell mushroom-shaped artificial heart. February 16 1932 - James Markham received the first fruit tree patent for a peach tree. February 17 1827 - Chester Stone patented a washing machine. February 18 1879 - Auguste Bartholdi was granted a design patent for the Statue of Liberty. February 19 1878 - Thomas Edison received a patent for the phonograph. February 20 1846 - John Drummond was granted a patent for molds for the manufacture of candles.1872 - Luther Crowell patented a machine that manufactured paper bags. February 21 1865 -   John Deere received a patent for plows. February 22 1916 - Ernst Alexanderson was issued a patent for a selective radio tuning system. February 23 1943 - The song As Time Goes By from the movie Casablanca was copyrighted. February 24 1857 - The first perforated United States postage stamps were delivered to the government.1925 -  His Masters Voice  was trademark registered. February 25 1902 - John Holland was granted a patent for a submarine. February 26 1870 - The first New York City subway line opened, and this short-lived line was pneumatically powered.1963 - Hobie surfboards trademark registered in 1963. February 27 1900 - Felix Hoffman patented acetylsalicylic acid, which is also known as  aspirin. February 28 1984 - Donald Mauldin received a patent for a knee brace. February 29 1972 - Kooky Doodles were trademark registered. February Birthdays Many famous inventors and scientists were born in February, and a few were even born on Leap Day, which falls on the 29th every four years. February 1 1905 - Emilio Segre was an  Italian physicist who won the Nobel Prize in Physics for his discovery of antiprotons, a sub-atomic antiparticle and an element used for the  atomic bomb  used on Nagasaki.1928 - Sam Edwards was a Welsh physicist who studied condensed matter physics. February 2 1817 - John Glover was the English chemist who discovered sulfuric acid.1859 - Havelock Ellis was an American physician sexologist who wrote The Psychology of Sex.1905 - Jean-Pierre Guerlain invented cosmetics pioneer. February 3 1821 - Elizabeth Blackwell of Bristol England was the first accredited woman physician. February 4 1841 - Clement Ader was a French inventor who was the first to fly a heavier-than-air craft.1875 - Ludwig Prandtl was a German physicist who is considered the father of aerodynamics.1903 - Alexander Oppenheim was a mathematician who wrote the  Oppenheim conjecture. February 5 1840 - John Boyd Dunlop  was a Scottish inventor who invented pneumatic rubber tires.1840 -  Hiram Maxim  invented the automatic single-barrel rifle.1914 - Alan Hodgkin was a British physicist who won the Nobel Prize in 1963 for his work on the central nervous system.1915 - Robert Hofstadter was an  American atomic physicist who won a Nobel Prize in 1961 for his work on electron scattering in atomic nuclei.1943 - Nolan Bushnell  was the founder of  Atari  and the creator of  Pong. February 6 1879 - Carl Ramsauer was a German research physicist who discovered the Ramsauer-Townsend effect.1890 - Anton Hermann Fokker was an  aviation  pioneer.1907 - Sam Green was a noted industrialist and inventor.1913 - Mary Leakey was a  British paleoanthropologist who discovered the first Proconsul skull, which belongs to a species of extinct ape that may be an ancestor of humans. February 7 1870 - Alfred Adler was the  Austrian psychiatrist first wrote about the Inferiority Complex.1905 - Ulf Svante von Euler was a Swedish physiologist who won the Nobel Prize in 1970. February 8 1828 - Jules Verne was a French writer who wrote From the Earth to the Moon and is considered the father of  science fiction.1922 - Joeri Averbach was a noted Russian chess grandmaster. February 9 1871 - Howard T. Ricketts was an American pathologist who studied typhus fever.1910 - Jacques Monod was a  French biochemist who  won the Nobel Prize in Physiology or Medicine in 1965 for work on enzyme and virus synthesis.1923 - Norman E. Shumway was a pioneer cardiac transplant surgery.1943 - Joseph E. Stiglitz was a noted American economist.1950 - Andrew N. Meltzoff was a noted developmental psychologist. February 10 1880 - Jesse G. Vincent was an engineer who designed the first V-12 engine.1896 - Alister Hardy was a  British scientist who was an expert on the marine ecosystems of everything from zooplankton to whales.1897 - John Franklin Ender was a microbiologist who won the Nobel Prize in 1954 for his research into polio.1920 - Alex Comfort was an English physician who wrote The Joy of Sex.1941 - Dave Parnas is a Canadian computer scientist who pioneered information hiding in modular programming. February 11 1846 -  William Fox Talbot  was a pioneer photographer and inventor.1898 - Leo Szilard was a  Hungarian physicist who worked on the A-Bomb and later became a peace activist.1925 - Virginia Johnson was an American psychologist and part of the noted medical team of Masters and Johnson.1934 - Mary Quant is an English fashion designer who invented the Mod Look. February 12 1809 - Charles Darwin  was an  English scientist who discovered the  theory of evolution  and wrote the Origin of Species.1813 - James Dwight Dana was an American scientist who pioneered the study of volcanic activity and theorized on the formation of continents.1815 - Edward Forbes was a British scientist who wrote extensively on marine biology.1948 - Ray Kurzweil was an American inventor who invented the flatbed scanner, the Kurzweil reading machine, the Kurzweil 1000 OCR software, the first commercially marketed large-vocabulary  speech-recognition  software, and the Kurzweil 250 Music Synthesizer. February 13 1910 - William Shockley was an American  physicist who co-invented the transistor and won the Nobel Prize in 1956.1923 - Chuck Yeager was an American test pilot and the first man to break the sound barrier. February 14 1838 - Margaret Knight  invented a method of making paper bags.1859 - George Ferris  invented the  Ferris Wheel, which is why the F is always capitalized in its name!1869 - Charles Wilson was an English physicist who invented the  Wilson cloud chamber  and won the Nobel Prize.1911 - Willem J. Kolff was an  American internist who invented the artificial kidney.1917 - Herbert A. Hauptman was an  American x-ray crystallographer who won the Nobel Prize in 1985. February 15 1809 -  Cyrus Hall McCormick  invented a mechanical reaper.1819 - Christopher Sholes invented  the  typewriter.1834 - William Preece was an English electrical engineer who was a pioneer in wireless technology.1934 -   Niklaus Wirth was a  Swiss computer programmer who invented the PASCAL computer language. February 16 1740 - Giambattista Bodoni was an  Italian printer who invented typeface designs. February 17 1781 - Rene-Theophile-Hyacinthe  Laennec  was a  French inventor who created the  stethoscope.1844 - Aaron Montgomery Ward founded the mail-order business, Montgomery Ward.1867 - William Cadbury was the English chocolate manufacturer who founded  Cadbury.1874 - Thomas J. Watson was an American scientist who founded  IBM. February 18 1743 - Alessandro Volta  was an Italian physicist who invented the  voltaic  pile, the  first battery.1898 - Enzo Ferrari was the car manufacturer who invented the Ferrari. February 19 1473 - Nicolaus Copernicus  was famous for formulating a model of the universe with the sun at its center rather than the earth.1859 - Svante August  Arrhenius was a  Swedish physicist and chemist who won the Nobel Prize in 1903.1927 - Rene  Firino-Martell was a  Cognac manufacturer who invented several types of Cognac. February 20 1844 - Ludwig Eduard Boltzmann is the  Austrian physicist who is considered the father of statistical mechanics.1901 - Rene Jules Dubos was a microbiologist who wrote Health and Disease.1937 - Robert Huber was the  German biochemist who won the Nobel Prize in 1988. February 21 1909 - Helen O. Dickens Henderson was an American physician and gynecologist. February 22 1796 - Adolphe Quetelet was a noted mathematician, astronomer, and statistician.1822 - Adolf  Kuszmaul was a German physician who invented the stomach pump and discovered Kuszmaul disease.1852 - Pieter K. Pel was an internist who discovered Pel-Ebstein fever.1857 - Robert Baden-Powell was the founder of Boy Scouts and the Girl Guides.1857 - Heinrich Hertz  was the first to broadcast and receive radio waves and helped to invent radar technology.1937 - Samuel Whitbread was a noted English brewer.1962 - Steve Irwin was an Australian biologist, zoologist, and nature TV show host who died while filming from a stingray attack. February 23 1898 - Reinhard Herbig was a German archaeologist.1947 - Colin Sanders is the British computer engineer who invented Solid State Logic.1953 - Sallie L. Baliunas is  a retired astrophysicist who studied global warming and ozone depletion. February 24 1955 -  Steve Jobs  co-founded  Apple Computer. February 25 1904 - Adelle Davis was a naturalist and the author of Lets  Stay Healthy. February 26 1852 - John Harvey Kellogg started the  flaked-cereal  industry and founded Kellogg Cereal.1866 - Herbert Henry Dow was a pioneer in the chemical industry and founded Dow Chemical. February 27 1891 - David Sarnoff founded RCA.1897 - Bernard F.  Lyot was a French astronomer who invented the Lyot filter.1899 - Charles Best co-discovered  Insulin. February 28 1933 - Geoffrey Maitland Smith founded Sears1663 - Thomas Newcomen  invented an improved  steam engine.1896 - Philip Showalter Hench was an  American physician who discovered cortisone and won the  Nobel Prize.1901 - Linus Pauling was a chemist who won the Nobel Prize in 1954 and 1962.1915 - English zoologist and immunologist, Peter Medawar won the Nobel Prize in 1953.1930 - Leon Cooper was an American physicist who won the Nobel Prize in 1972.1948 - Steven Chu is an  American scientist who co-won the Nobel Prize  for  Physics in 1997. February 29 1860 -  Herman Hollerith  the inventor of the first electric tabulating machine was born on a  leap year.