CASE STUDY – TOPIC AUSTRALIAN CONSUMER PROTECTION LAW
While touring Australia on a motorbike, James Adams buys a ‘Get you to garage’ emergency tyre repair kit from a shop run by a sole proprietor in Victoria. The kit, which was imported from Taiwan by Lifeline Pty Ltd, includes a prominent warning: ‘The manufacturer, importer and retailer of this product are not liable for any loss or damage’.
One month later, James uses the kit to repair a puncture. As he is riding to the nearest garage, the repaired tyre blows out. He crashes and suffers severe injuries, including losing his right arm. James, who doesn’t have any insurance, now knows the kit was not suitable for motorbikes. What rights does he have under the ACL and the CCA? (Do not consider James’s rights under negligence law)
In this scenario you should address these questions in order to provide advice to James
Provide brief answers to the following questions
Question 1 Is there manufacturer’s liability? (500 words)
Question 2 Explain James’s rights in the event of the retailer’s failure to comply with Consumer Guarantee in Australia? (500 words)
Question 3 Explain what compensation James might be entitled to? (500 words)
Note: please ensure that you address the relevant Case Studies (precedents) and Statutory Provisions of the Competition and Consumer Act 2010 (Cth).
REQUIREMENTS (REPORT FORMAT)
Your report should be in the following format:
- Typed on A4 paper using Arial 11 point font and 1.5 spacing;
- Sequential page numbering;
- Title page with Student Name/Student Number and Subject Code/Subject Name;
- Accurate spelling, grammar, punctuation, paragraph construction and proofreading;
- Effective use of headings;
- Consistent and accurate acknowledgment of textbooks, legislation and case studies using APA reference style;
Criteria used to grade this task
See Separate Marking Guide for detailed marking criteria and allocation
Submissions must be online via the TURNITIN LINK on the LMS
Feedback and Return of Work
Feedback and marks will be provided via the LMS within two weeks of submission
Note: You can neither submit this presentation nor the report as an induvial without prior consultation from the Lecturer. Any disputes among the group should be brought to the lecturer notice immediately though mail not a week before submission.
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