Friday, April 12, 2013

Legal cases: possible claim against Australian manufacturers of the Waist Waster and Myways supermarkets for negligence and breach of contract

Question 2.

Buck Spumante might rich person claims against the Australian manucircumstanceurers of the cannon Waster and Myways supermarkets in this matter under these possible actions.

(A). Possible claims against Australian manufacturers of the Waist Waster

1. Negligence

To identify whether Australian manufacturers of the Waist Waster is liable for the tort of negligence, we have to establish the following:

a. Duty of care

To see that the profession of care exist, following tests need to be established to prove that a duty of care is owed base on baptismal fonts much(prenominal) as Gonoghue v St pull downson [1932] AC 562.

1.         Reasonable Foreseeability

A reasonable psyche in the position of Australian manufacturers of the Waist Waster would have foreseen that utilise of such an electric device could cause an explosion. If yes, and so the damage that Buck suffers is reasonably foreseeable.

2.         Neighbourhood/Proximity

Neighbour is the person who is so closely and directly affect by the act of other person. An individual must take reasonable care to vitiate 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 didnt expostulate with Buck properly more or less the possibility of explosion upon overuse of the product or actually provide the goods thats safe even if its overused (auto-termination, alarm and etc).

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Using the rule in Norton Australia Pty Ltd v Street starter Cream Pty Ltd (1969) 120 CLR 635, it is necessary to take reasonable step 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 rubber eraser issues. The...

The structure and argument is exceptional, second to none. I constructed my recent flip case rather like that; it was a negligence case as well.

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