Explain basis of possible liability in tort of negligence

Assignment Help Business Law and Ethics
Reference no: EM131189051 , Length: word count:2500

Commercial Law Assignment

Purpose-

This is a significant task that requires forward planning and adequate time for research, reading and reflecting. It comprises 35% of your assessment in this subject. You should begin researching early to gather information and establish a plan as soon as possible.

The purposes of the assignment are to enable you to:

  • develop your law reading, research and writing skills;
  • enhance your understanding of law as a dynamic process;
  • learn how to independently research a particular aspect of the law;
  • reflect on and consider particular legal issues;
  • demonstrate understanding of the legal environment, including relevant laws as well as economic, ethical, social/cultural, international and political issues;
  • develop your knowledge about the subject area of your research;
  • demonstrate the ability to investigate, synthesise and analyse;
  • communicate the findings in a formal piece of work and meet a deadline;
  • enhance your analytical and written communication skills; and
  • apply your legal skills.

Task

Note this background: The Thermomix is the brand name for a type of high-end electrically powered kitchen appliance. The appliances are made in France by a German company Vorwerk & Co. KG, and exclusively imported to Australia by the company Thermomix in Australia Pty Ltd ('TIA'). TIA sells the appliance in Australia only through natural persons (referred to as 'consultants') who have a contractual right from TIA to sell the appliance to retail and trade customers.

Read: Paul Latimer, Australian Business Law (a 2013-2016 edition) 4-010 to 4-220; and 7-215.

Read: The Australian Consumers Association Ltd ('CHOICE') Mass Incident Report to the ACCC: Consumer reports of Thermomix product failure and serious injuries

https://www.choice.com.au/~/media/52d973c58c214df985bada83f482f852.ashx?la=en published in May 2016 and also available for download from the Moodle page for this course.

Answer all 3 questions

Consider only the position of the Thermomix appliance Australian users whose burn injuries were summarised in Appendix One (pages 21-23) to the CHOICE Mass Incident Report.

1. For the injured users explain the basis of possible liability in the tort of negligence that any manufacturer or distributor of the Thermomix appliance might have to those users. Leave aside the question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that apply in your State.

2. Why do caps (i.e. limits) on personal injuries damages exist in Australia? By referring to the relevant civil liability statute provisions that apply in your State, explain what role those caps play in limiting the extent of possible tort liability (considered in question 1) that might be owed to the injured users.

3. Do the injured users have possible rights under Part 3-5 of Australian Consumer Law (ACL) against any manufacturer or distributor of the Thermomix appliance? If so on what grounds could they bring such an ACL action and what defences might a sued manufacturer or distributor have? Leave aside any question of the amount of damages under the ACL.

2500 words.

6 apa reference.

Reference no: EM131189051

Questions Cloud

Does the chinese market operate according to the rule of law : If the interests of the Communist party and its agents differ, and the party is sovereign, can the market be based securely on the rule of contract law? Does the Chinese market operate according to the rule of law?
Write a program in java that reads integers : Write a program in Java that reads integers into an array list until end-of-file, then prints the array. Then Modify the program to add three 99 values to the end of the array.
What synthesize mean within the context of granellos article : What does synthesize mean within the context of Bloom's Taxonomy and Granello's article? What patterns have you started to identify from reading your research articles so far?
Select an organisation and prepare a report : Select an organisation and prepare a report, together with recommendations based on -  You have been hired by your company to consult on its knowledge management practices.
Explain basis of possible liability in tort of negligence : For the injured users explain the basis of possible liability in the tort of negligence that any manufacturer or distributor of the Thermomix appliance might have to those users
Depreciated straight-line to zero over its five-year life : Your firm is contemplating the purchase of a new $545,000 computer-based order entry system. The system will be depreciated straight-line to zero over its five-year life. It will be worth $53,000 at the end of that time. You will save $295,000 before..
Program in java that reads integers : Part 1: Write a program in Java that reads integers into an array list until end-of-file, then prints the array. Part 2: Modify the program to insert the value 99 before the index 5 position.
Different rates of heat conduction : 1) Different liquids have different rates of heat conduction. How can this statement be proved practically? 2) State and explain any 5 effects and applications produced by natural and forced convections in liquids and gases.
Identify the process strategy you will utilize at cpc : Identify the process strategy you will utilize at CPC and explain why this strategy is appropriate for your business. Create a process flow chart for CPC. Identify opportunities to improve the system and provide specific suggestions to make this i..

Reviews

Write a Review

 

Business Law and Ethics Questions & Answers

  How can police work to improve citizen perceptions

The literature suggests that the general public tends to view the police positively. Discuss how race, age, gender and socio-economic status affect citizen perception of the police. Discuss other factors other than those cited above which you beli..

  Defend the purposes of corrections

Determine the U.S. Constitutional amendments that apply to correctional management and operations. Recommend improvements to selected areas of corrections. Defend the purposes of corrections.

  Key differences between the juvenile and adult systems

Write a 700- to 1,050-word paper summarizing the key parameters of the juvenile justice system in the United States. Address the following: Key differences between the juvenile and adult systems

  Services which match the operational and financial needs

endeavour to provide products and services which match the operational and financial needs of your stakeholders; not misrepresent your skills or knowledge; advise your stakeholders when you believe a proposed project, product or service is not in the..

  Buck drink company incbdc is a local business that sells

buck drink company inc.bdc is a local business that sells raging old cafinnated kola rock soft drinks. bdc decided to

  Peter has been subjected to an unreasonable amount of noise

1. tom was a tall man who operated a successful restaurant that he owned. he believed that tall people commanded more

  Identify the types of data chosen for collection and how

this assignment is the culmination of the research proposal. both parts are reflected in the total word count. include

  Analyze the sexual harassment issues presented in scenario

Analyze each of the elements of this case: the applicable defenses and the basis for the court's ruling. Analyze the possible liability in this case if the sexual harasser(s) were an independent contractor versus an employee.

  One of the department supervisors requests your approval

imagine you are a recently-hired chief operating officer coo in a midsize company preparing for an initial public

  Which contracts falls within the statute of frauds

Which of the following contracts falls within the statute of frauds? Contracts that are required to be in writing by the statute of frauds include

  Assignment- elements of a crime

Assignment: Elements of a Crime, While passing Makoto's house one night, Sarah sees a laptop computer left unattended on Makoto's porch. Sarah takes the computer, carries it home, and tells everyone she owns it

  Newcorp employed sam as a supervisor of electrical

newcorp employed sam as a supervisor of electrical manufacturing for automotive under-dash wiring harnesses. sams

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd