17. The High Court can make the following orders In a Judicial Review case a. mandamus, certlorari b. Habeus corpus, Injunction c. Prohibition, rectification d. None of the above 18. Where the High Court determines that a person or organisation has a legal duty to perform a certain act, It can make an order of J. Prohibition b. Certlorarl c. Mandamus d. None of the above 19. Where the High Court determines that a person or organisation has exceeded their legal duties, it can make an order of a. Prohibition b. Certlorari C. Mandamus d. None of the above 20. A High Court order of Habeas Corpus means *. That a person has been Illegally detained and will be released b. That a person must be brought before the court and their detention explained C. That a person will be arrested and detained when brought before the court d. None of the above 21. List 3 benefits of bringing your case to the Commercial Court versus the High Court 22. You can bring your case to the Commercial Court where a. Claim for $2,000,000 damages due to medical negligence b. Claim for Moodle Help This course Question 1 Adam runs an outdoor rock-climbing business. Bernice while climbing on one of Adam's excursions in a State National Park falls and acquires a serious brain injury. This occurred because a safety harnesses Adam allocated for her use failed. The harness had been damaged recently and not checked by Adam. Bernice is 28, had an active life and had just commenced her career as a psychiatrist with expected annual earnings of over $500,000. She is now confined to home with poor balance, dizziness, blurred vision and limited ability to concentrate. These are expected to be her lifelong conditions. Explain how the Australian law of negligence (comprising both common law and statute) applies to these facts. Question 2 Toby imports electrical heaters manufactured abroad - although he is unsure of the exact identity of the manufacturer. The heaters have a defect which means that after about two hours of use at high temperature an internal plastic part melts and toxic fumes are emitted. Max gave his teenage daughter Bella one of the heaters as a gift. Her boyfriend Victor (a brilliant medical student) became seriously ill after inhaling the toxic fumes and suffered permanent brain injury. What rights, if any. does Victor have against Toby under the Australian Consumer Law? Do any damages caps apply to any compensation he might be awarded?Chapter 3 Short Answer Questions (end of chapter - p 105): 1, 2, 3, 4 and 5 1. a) What are the elements of the tort of negligence? - The existence of a legal duty to exercise reasonable care - A failure to exercise reasonable care - Cause in fact of physical harm by the negligent conduct; - Physical harm in the form of actual damages; - And proximate cause. a showing that the harm is within the scope of liability. b) What different types of conduct may give rise to a claim in negligence? 2. To whom is a duty of care owed? What specic relationships may give rise to a duty of care? 3. How may a breach of duty of care occur? Give two examples of conduct that may indicate a breach of duty of care 4. What is foreseeable harm? What test is applied to determine whether the harm is foreseeable? 5. How has s 18 of the ACL widened the scope of professional liability as compared to the position at common law