Civil Liability Act 2002, Based on the provision of section

Civil Liability Act 2002

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Reference no: EM133854014

Brown purchased a pair of woolen pants from Jones Meyer Stores (JMS), a retail outlet in Adelaide. JMS purchased the pants from the manufacturer, U Pants Pty Ltd, a company based in Melbourne. Browncontracted dermatitis as a result of wearing the pants without first washing them. Because the pants contained bisulphite of soda that was left in the pants during the manufacturing process. The pants had been packaged in a clear cellophane wrap, but the bisulphite of soda could not be seen on a reasonable inspection by either the retailer or the buyer. Analyze the information for the case study given above and write a report addressing the followingquestions. Your case study must be structured as follows:

? Executive summary ? Introduction ? Findings ? Discussion ? Conclusion

Questions

1. Does U Pants Pty Ltd owe a 'duty of care' to Brown?

2. Based on the provision of section 5B of the Civil Liability Act 2002 (NSW), discuss whether U Pants Ltd was negligent in manufacturing the woolen pants.

3. Has Brown any remedy or remedies available to him against the retailer, JMS, under the AustralianConsumer Law?

4. Explain what Brown must establish to succeed in an action against the retailer (JMS), and whether,in your opinion, he would be successful. You should refer to the relevant provisions of the law and cases when answering the above questions.

Reference no: EM133854014

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