Purpose
This significant task requires forward planning and adequate time for research, reading and reflecting. It comprises 35% of your assessment in this subject.
You should begin researching early to gather information and establish a plan of approach as soon as possible.
The purposes of the assignment are to enable you to:
- Learn how to independently research a particular aspect of the law;
- Reflect on and consider particular legal issues;
- Demonstrate your understanding of relevant laws;
- Develop your knowledge about the subject area of your research;
- Demonstrate the ability to investigate, synthesise and analyse;
- Communicate your findings in a formal piece of work and meet a deadline;
- Enhance your written communication skills; and
- Apply your legal skills.
The total length of your assignment must be no more than 2,500 words. Do not include the references or bibliography in your word count.
Task
Note this background: The Thermomix is the brand name for a type of high-end electrically powered kitchen appliance. The appliances are made in France by a German company Vorwerk & Co. KG, and exclusively imported to Australia by the company Thermomix in Australia Pty Ltd. ("TIA"). TIA sells the appliance in Australia only through natural persons (referred to as "consultants") who have a contractual right from TIA to sell the appliance to retail and trade customers.
Read: Paul Latimer, Australian Business Law (35th edition)
Read: ACC taking Thermomix to Federal Court:
Answer all 3 questions
Consider only the position of the people injured mentioned in the above-mentioned report published by Choice.
1. For those injured, 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.
2. What role do the relevant caps on personal injuries damages play in limiting the extent 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 your State.
3. Do the injured users have possible rights under Part 3-5 of the 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.