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BULAW5914 Commercial Law 2

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Questions:

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

2.What role do the relevant caps on personal injuries damages play in limiting theextent of possible tort of negligence liability that might be owed to the injured users?In your answer, refer to the relevant civil liability statute provisions that apply in yourState.

3.Do the injured users have possible rights under Part 3-5 of the Australian ConsumerLaw (ACL) against any manufacturer or distributor of the Thermomix appliance? Ifso, on what grounds could they bring such an ACL action and what defences mighta sued manufacturer or distributor have? Leave aside any question of the amount ofdamages under the ACL.
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