Referencing Styles : Open
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. (15 marks)
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. (10 marks)
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. (10 marks)