Legal Cases: Possible Claim Against Australian Manufacturers Of The Waist Waster And Myways Supermarkets For Negligence And Breach Of Contract

1610 words - 6 pages

Question 2.Buck Spumante might have claims against the Australian manufacturers of the Waist Waster and Myways supermarkets in this matter under these possible actions.(A). Possible claims against Australian manufacturers of the Waist Waster1. NegligenceTo identify whether Australian manufacturers of the Waist Waster is liable for the tort of negligence, we have to establish the following:a. Duty of careTo prove that the duty of care exist, following tests need to be established to prove that a duty of care is owed base on cases such as Gonoghue v Stevenson [1932] AC 562.1. Reasonable ForeseeabilityA reasonable person in the position of Australian manufacturers of the Waist Waster would have foreseen that overuse of such an electric device could cause an explosion. If yes, then the damage that Buck suffers is reasonably foreseeable.2. Neighbourhood/ProximityNeighbour is the person who is so closely and directly affect by the act of another person. An individual must take reasonable care to avoid acts or omissions which can be reasonably foreseen to injure their neighbour. In this case, the possibility that causal proximity exists, where harm and damage would be sustained resulting from the fact that Australian manufacturers of the Waist Waster didn't warn Buck properly about the possibility of explosion upon overuse of the product or actually provide the goods that's safe even if it's overused (auto-termination, alarm and etc).b. LabelingUsing the rule in Norton Australia Pty Ltd v Street Ice Cream Pty Ltd (1969) 120 CLR 635, it is necessary to take reasonable steps to bring dangers that they ought to have known to the attention of the likely users. The fact is that the good has no any particular warning about explosion upon overusing or any warning relate to its safety issues. The question here is whether the manufacturer known the possible danger of overuse and would it is reasonable to say that the manufacturer should have put warning label on their product. If yes, then Buck can claim under the tort of negligence.c. CausationIt must be presented that the damage claimed such as injuries, damage to property was not only a direct consequence of the negligent act, but also must be reasonably foreseeable.d. Possible claim for negligenceBuck could claim injuries and losses under the tort of negligence provided that it is not too remote. Under the tort of negligence, Buck could claim losses he had suffered including damage to the TV, medical and hospital expenses.2. Part VA TPAA claim might also be considered under part VA under sections 75AD, which is defined as personal injuries caused by a corporation supplying defective products that it has manufactured. It is mentioned already that Australian manufacturers of the Waist Waster is a corporation and manufactured defective goods. Most importantly, in Glendale Chemicals v ACCC (1999) ATPR 41-672 shows that even if the goods were sound, but has an inadequate warning. It can still be a...

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