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...

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

Legal systems: Duty of Care and Negligence

1406 words - 6 pages the basis of the aforementioned legal obligation. Legal provisions for negligence under tort law hold duty of care as the first and critical element that evidences negligence. Although there are two other elements in that regard, duty of care forms the primary basis of pursuing negligence cases. In this respect, the concept of duty of care is critical to the activities and operations of any court that deals with negligence cases. Notably, this

Breach of contract and specific performance: the law in India and England

5960 words - 24 pages which is discussed whenever third party rights are called into question as a consequence of breach of contract. In this case, A promised B (in return for a consideration) to pay an annuity to B and B's widow after B's death. The House of Lords allowed enforcement of the promise against A by B's personal representative, the widow herself. The fact that damages were purely nominal did not affect the judgment.Enforcement of a decree of specific

Euthanasia: The cases for and against

1348 words - 5 pages something to prevent death--that is, allowing someone to die;Active or positive euthanasia involves taking deliberate action to cause a death.Euthanasia has been accepted both legally and morally in various forms in many societies. In ancient Greece and Rome it was permissible in some situations to help others die. Both Socrates and Plato sanctioned forms of euthanasia in certain cases. Voluntary euthanasia for the elderly was an approved custom

The effects of breach of contract

1615 words - 6 pages justify the innocent party in terminating the contract. Thus, there is no connection between the factual consequences of the breach and the legal consequences. The resulting decisions in such cases can sometimes appear to be severe, in the case of Arcos Ltd v EA Ronaasen & Sons, there was a contract for the sale of barrel staves half an inch thick. The staves delivered were nine- sixteenths of an inch thick. Despite the fact that the variation made

The effects of breach of contract

1615 words - 6 pages justify the innocent party in terminating the contract. Thus, there is no connection between the factual consequences of the breach and the legal consequences. The resulting decisions in such cases can sometimes appear to be severe, in the case of Arcos Ltd v EA Ronaasen & Sons, there was a contract for the sale of barrel staves half an inch thick. The staves delivered were nine- sixteenths of an inch thick. Despite the fact that the variation made

An in depth report of the history of Tesco supermarkets and possible future business strategies they could use

1417 words - 6 pages Introduction.The purpose of this report is to review the growth of Tesco over the last 80 years. The history of Tesco will be briefly explored. Then, this will be related to the Tesco of today. The possible future strategic action the business could take to maintain its success and achieve growth will be outlined and conclusions will be drawn.The History of Tesco.Tesco supermarkets have been a complete success. When the first Tesco opened in

Arguments for and against an australian bill of rights

646 words - 3 pages There is an ever increasing need for enactment of a bill of rights in Australia. The recent judicial activism by the high court in favourably applying international human rights treaties against both common and statute law, to the anger of the cth government demonstrates a need to expressly state what rights the law is willing to bestow upon Australians.Kirby argues that the Dietrich v R, Mabo (No 2) and ACT v Cth all show an intention of the

Commercial Transactions and the elements of a legal binding contract

1114 words - 4 pages . The company also explained that the Harrier jet commercial was "fanciful", as well as a witty and engaging ad. Pepsi apologized for the confusion and included free Pepsi product coupons for Mr. Leonard.Mr. Leonard filed a law suit against Pepsi for misleading advertising, deceit, misleading and unjust trade practices, and breach of contract. Kimba M. Wood, the District Judge upheld Pepsi's case, stating that a realistic, sensible individual

Medicine and the Law of Negligence

1717 words - 7 pages discussed in order to bring the balance of litigation away from the defendant and should give the citizens of society more of a chance to claim for their damages caused by professionals. These changes reflect the current needs of society and would have legal backing far and wide all around Australia if they went ahead.

Australian Federation discuss Arguments Used For and Against the Idea of Federation in the Late Nineteenth Century

862 words - 3 pages Reasons for Australian FederationIn 1901, the six colonies of Australia federated as a nation. It was, however, a long process, as there were arguments against this idea including the self-interests of different colonies and the size of a new nation if it occurred. Several reasons for federation were considered, such as the need for a united defence force, the development of a uniform rail system, free trade between colonies and the growth of

Advntages and disadvantages of big supermarkets

597 words - 2 pages your receipt and you are given a new one or your money back.Not to forget about sales and special offers such as \\\\"buy one get one free\\\\" or \\\\"two for the price of one\\\\" are always found there.One the other hand shopping in supermarkets can be annoying because there is a wide choice which can cause confusion.People often buy unnecessary things because they seem to have good price and you buy things that you did not plan

Similar Essays

The Approach The Zimbabwean Courts Take Towards The Question Of Damages In Breach Of Contract Cases

1795 words - 7 pages INTRODUCTIONA contract (according to Gibson 1997) is a lawful agreement made between two or more persons within the limits of their contractual capacity, with the serious intention of creating a legal obligation, communicating such intention, without vagueness, each to the other and being of the same mind as to the subject matter, to perform positive or negative acts which are possible of performance.Contracting parties through agreement, breach

Advise John And Sylvia Whether They Have Any Legal Claim Against Peter

1638 words - 7 pages IntroductionIn order to determine whether John and Sylvia have any legal claim against Peter, we have to determine whether there was a valid contract between the parties and whether Peter was in breach of the contract. To constitute an effective contract, there must be an agreement with consideration and legal intention.Was there an offer made & who was the offeree?Yes, indeed, Peter had made an offer to John by writing to him(1). As in the

Aspects Of Contract And Negligence For Business

2074 words - 8 pages negligence in each case where there is duty of care, breach or damage. An assumption of risk is a type of the defense and helps for improvement the working environment and the relationship between the occupiers and visitors. LO 4.1, 4.2 Ellements of the Tort of Negligence and Defences. Ellements of Vicarious Liability. Statement B: Roger can bring a claim in vicarious liability against Neil for Colin’s actions. Vicarious

Remedies For Breach Of Contract Essay

867 words - 3 pages Remedies for breach of contract Contrary to what most people might think, the solution for breach of contract is not designed to punish the guilty party, instead it is to protect and preserve the rights and reasonable expectations of the party seeking reimbursement. The purpose of the contract law is that in the event of one party not fulfilling their obligation towards the other party, the party harmed will be compensated for its losses. In