Answer: To check what right the victim of the case, Ann has under Tort Law as well as under Australian Consumer Law. Rules Tort Law Negligence is an important aspect of Tort. This is a situation where one person who owes a duty of care in respect to other, breaches the same and the other person suffers from a loss of such breach of care. It was held in the case of Donoghue v Stevenson  AC 562 House of Lords that ...Read More >>
Answer: Material Facts Samsung launched the Galaxy Note 7 smartphone in August 2016, and it was discontinued by the company in October 2016. The reason for discontinuing the smartphone was the battery issue in the phone which caused some phones to generate excessive heat. Due to excessive heat, many smartphones caught fire, and they caused physical injuries to the customers. The company recalled its smartphones and also took measures to reduc...Read More >>
Answer: Part A Issue The main issue of this case is related to the possibility of claims of negligence being made by P against the player, local council which owned the football ground, football club, and/or coach. Rule Negligence is denoted as the breach of the duty of care resulting in injury or harm being caused to the party to which this duty of care had been owed (Bailey, 2016). In such instances where an individual is deemed a...Read More >>
Answer: Issue: Four issues have been identified in this chosen case study. They are: Does Ann or Carol have the right to bring proceedings against Bruce according to the provisions stated in the common law? Did Hank’s distributor and Mower owed a duty of care to An, Bruce or Carol under negligence in common law Does Bruce, Ann or Carol have any right against Mowers Ltd or Hank’s Distributor Ltd? Do Hank’s Distributors ...Read More >>
Answer: Part A Tort law is considered as civil wrong done by one person towards another person, and the most common form of tort law is negligence. Negligence is considered as an action or failure to act by one person who owns duty of care towards another person, and such act or failure to act cause injury or damage to person. In the present case, P is a lifelong fan of ABC Club and at the time of watching a game, p was hit by a stray ...Read More >>
Answer: Answer 1: As per the law of negligence, when a person is said to be obligated to carry out the duty of care towards another individual and is responsible for undertaking the reasonable measures to ignore the risks that are likely to occur from any kind of omission of the individual and result in causing injury to the aggrieved individual. Therefore, the injury caused to the injured party should be reasonably foreseeable and must have ...Read More >>
Answer: Introduction: Thermomix in Australia Pty Ltd is a company which is situated in Australia. The main task of Thermomix in Australia Pty Ltd is that it imports the Electrical appliances of high end from a German company, Vorwerk & Co. KG. The appliances are produced by the German company in France. In Australia, Thermomix in Australia Pty Ltd sells the appliances with the help of consultants by establishing a contractual relationship...Read More >>
Answer: Introduction: The intention of the search and seizure law is to prevent illegal search and seizure of personal properties by the enforcement. According to Kerr (2005) the law was meant to protect the citizens by upholding their right to privacy and reasonableness from the government agencies but not from private individuals. Any agency which intends to perform a search and seizure must do so under a warrant and only seizes the listed ...Read More >>
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