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Task Note this background: The Samsung Galaxy Note 7 smartphone was a product produced and marketed by Samsung Electronics and sold in Australia by Samsung Electronics Australia, and local electronics...

Task
Note this background: The Samsung Galaxy Note 7 smartphone was a product produced and marketed by Samsung Electronics and sold in Australia by Samsung Electronics Australia, and local electronics stores. Failures in the manufacturing process and design faults of the smartphone’s battery led to overheating problems.
Answer all 3 questions
1. Explain the basis of any liability in the tort of negligence that any manufacturer or distributor of the Samsung Galaxy Note 7 might have to its Australian consumers. Leave aside any 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 would apply in your State. (15 marks)
2. Do the Australian consumers you considered in question 1 have any rights under Part 3-5 of Australian Consumer Law (ACL) against any manufacturer or distributor? If so, on what grounds could they have brought such an ACL action and what defence might a sued manufacturer or distributor have? Again leave aside any question of the amount of damages. (10 marks)
3. Discuss the role that the relevant caps on personal injuries damages might have played in limiting the extent of any possible tort or ACL liability that you considered in question 1 and in question XXXXXXXXXXmarks)



Oct 07, 2017
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