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 (a XXXXXXXXXXedition) ¶4-010 to ¶4-220; and ¶7-215. Read: The Australian Consumers Association Ltd (‘CHOICE’) Mass Incident Report to the ACCC: Consumer reports of Thermomix product failure and serious injuries https://www.choice.com.au/~/media/52d973c58c214df985bada83f482f852.ashx?la=en published in May 2016 and also available for download from the Moodle page for this course.Answer all 3 questions Consider only the position of the Thermomix appliance Australian users whose burn injuries were summarised in Appendix One (pages XXXXXXXXXXto the CHOICE Mass Incident Report. 1. For the injured users 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. (15 marks) 2. Why do caps (i.e. limits) on personal injuries damages exist in Australia? By referring to the relevant civil liability statute provisions that apply in your State, explain what role those caps play in limiting the extent of possible tort liability (considered in question 1) that might be owed to the injured users. (10 marks) 3. Do the injured users have possible rights under Part 3-5 of 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.
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