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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...

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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.

instruction

You 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.

Answered Same Day Dec 26, 2021

Solution

Robert answered on Dec 26 2021
118 Votes
1

Issue
Mulan had purchased a new power drill machine from Mac-Tools Ltd. After that, his
neighbor whose name was Aurora needed a drill machine and Mulan had given to her for
personal use along with box in which instruction guide was already located. That guide provided
some restrictions for user before its use that goggles were necessary to wear while using the drill
machine. But Aurora did not follow any instructions or precautionary methods and she operated
eyond the set limit of drill machine i.e. more than 5 minutes. The result was literally miserable
for her just because of her own ignorance; she lost her an eye due to the explosion in the drill
machine. Meanwhile, another incident happened in the Mulan‟s Street, that drill fault created
inte
uption in the electric power supply in the vicinity. That inte
uption made a problematic
situation for Jessie who was glass worker. Explosion created power supply cut off in the entire
street in which Jessie also worked and just because of that issue, her glass vase shattered which
was worth 1000 dollar.
Law
Australian Consumer Law (ACL) provides some rights for consumer along with
estricted guidelines for manufacturer against unfair treatment. ACL is divided into many
sections that give detailed information for consumers and manufacturer in terms of business
transactions. Some enlisted provisions of ACL include the following: Consumer Product Safety
Law, Unfair Practices, Consumer Transactions, Safety of Consumer Goods and Product Related
Services, Information Standards, and Liability of Manufacturer for Goods with Safety Defects.
These are the laws that are likely to be applied in this given case study.
Application
2

Mulan cases study was clearly subjected to unfair practice of manufacturer (Mac-Tools
ltd) because producer of the goods was clearly known of the product defect or fault that drill
machines had some serious complications. But for the sake of mutual benefit; manufacturer had
een continuously selling defected products for a long time to its consumers. Without measuring
the outcomes; producer probably was playing with its customer life because electric product
caused serious injuries or damage for the user. In-fact, same thing happened with Aurora and
Jessie because both were victimized through the defected drill machine. However, if Aurora
could follow the producer guidelines, in that condition her eye would completely be protected
without any harm of...
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