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Assessment item 2Problem questionValue: 10%Due date: 21-Aug-2017Return date: 11-Sep-2017Length: 1000 wordsSubmission method optionsAlternative submission methodTaskYou must write an answer to the...

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Assessment item 2Problem questionValue: 10%Due date: 21-Aug-2017Return date: 11-Sep-2017Length: 1000 wordsSubmission method optionsAlternative submission methodTaskYou must write an answer to the problem-type question below, using the ILAC (Issues, Law, Application, Conclusion) format, a worked example of which is in the Resources folder.
**In this subject, assignments are marked on-line, using an adapted MS Word programme. You therefore MUST submit your assignment in Word format, NOT as a PDF document. If you submit in PDF it will not be able to be marked.**
##If you think you may need and extension for this assignment, please read the rules relating to extensions in the Subject Outline before applying for an extension. ##
Question
Mulan has just bought a new power drill made by MacTools Ltd. Mulan lends the power drill to his neighbour, Aurora. He gives her the box containing the drill, along with the instructions. The instructions include a safety warning saying that users of the drill should wear protective goggles. Aurora does not read the instructions.
After Aurora had used the drill for ten minutes it catches fire and explodes. As a result of the explosion, Aurora loses an eye. MacTools Ltd was aware of the fact that there was a 1% chance that a short-circuit might occur if the drill was used for longer than 5 minutes, but that it decided not to do anything, because a recall of the drills would have cost the company $ XXXXXXXXXXThe fault in the drill also led to an interruption on the electric power supply in the street where Mulan and Aurora live, just at the moment when Jessie, who is a glass worker, was making a glass vase. The vase, which is worth $ 1 000, is shattered when the power goes off.Advise MacTools Ltd as to its legal position, citing relevant legal authority, using the ILAC format.RationaleThis assessment item will allow you to demonstrate your ability toengage in legal research;identify the legal issues arising out of novel factual situations, to analyse the applicable law and to differentiate between which rules are applicable and which are not and then apply the law to the problem;explain and summarise the applicable law in such a way as to create a report for a client which states what liabilities arise from novel factual situationsAnd more specificallyyour knowledge of the law of torts andyour ability to undertake an assessment task relevant to the workplace and professional practice.
Marking criteriaCRITERIA HD DI CR P FLStudents are required to answer a problem type question in order to demonstrate: To meet this level you will achieve a cumulative mark of 85-100%. A mark in this range indicates that a student: To meet this level you will achieve a cumulative mark of 75-84%. A mark in this range indicates that a student: To meet this level you will achieve a cumulative mark of 65-74%. A mark in this range indicates that a student: To meet this level you will achieve a cumulative mark of 50-64%. A mark in this range indicates that a student: At this level you will obtain a mark of 0-49%. A mark in this range indicates that a student:Identification of relevant legal issues Correctly identifies all legal issues and formulates them clearly with consideration of all links to relevant law with no errors. Correctly identifies all legal issues and formulates them with consideration of links to relevant law, with only minor errors. Identifies and correctly formulates most major legal issues, taking into consideration most links to relevant law. Identifies some legal issues, with some errors in formulation. Considers some links to relevant law. Identifies no relevant issues or only a few of them. Some may be unclearly formulated. Considers few links to relevant law.Explanation of law, citing relevant legal authority Provides a complete explanation of the law with no errors. Explains all relevant legal authority. Provides an explanation of almost all points of the law wi
Answered Same Day Dec 26, 2021

Solution

David answered on Dec 26 2021
112 Votes
Issue:
Mulan has just bought a new power drill made by Mactools Ltd. Mulan lends the power drill to
his neighbor, Aurora. He gives her the box containing the drill, along with the instructions. The
instructions include a safety warning saying that users of the drill should wear protective
goggles. Aurora does not read the instructions. After Aurora had used the drill for ten minutes it
catches fire and explodes. As a result of the explosion, Aurora loses an eye. Mactools Ltd was
aware of the fact that there was a 1% chance that a short-circuit might occur if the drill was used
for longer than 5 minutes, but that it decided not to do anything, because a recall of the drills
would have cost the company $ 500 000.The fault in the drill also led to an inte
uption on the
electric power supply in the street where Mulan and Aurora live, just at the moment when Jessie,
who is a glass worker, was making a glass vase. The vase, which is worth $ 1 000, is shattered
when the power goes off.
Law:
The tort of negligence and intentional damage can be levied on Mactools which knowing that
there was a 1% chance that a short-circuit might occur if the drill was used for longer than 5
minutes, but that it decided not to do anything about it fearing a product recall which would cost
very heavily. This means that Mactools knowing that certain caution needed to be exercised
while using the Drill did not give sufficient warning of the same in its product description
leading to the series of accidents which happened. Negligence can be defined as the failure to
exercise ordinary care, either through an act or a commission. This negligence occurs when
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