Benson and his family live in Parramatta. In May 2023, a drain in the shower of the bathroom in the house where they live was partially blocked. On 13 June 2023, Benson went to the Woolworths supermarket located in the "Shopping World" complex in Parramatta. While shopping at Woolworths, Benson ran into his old friend, Marcus. Marcus had for over 20 years owned his own hardware store in Parramatta. Benson told Marcus the problem he had with his drain and Marcus directed him to a range of cleaning products on a shelf. In particular, he showed Benson a range that included a product known as "Drano".
Marcus told Benson that Drano had been used to clean drains for as long as he could remember and told him what to do. Marcus told Benson that you pour hot water down the drain hole first and then tip the whole of the contents of the Product down. Based on what Marcus told him, Benson believed that that was the appropriate way of proceeding to use the Product.

Benson, having read the instructions on the label on the container of the Product, decided to buy 500 grams of the Product. He paid $25. Benson took the container home and, sometime later, while in his kitchen, re-read the label. The label failed to state that the use of hot or boiling water with the Product in a confined space such as a drain would rapidly increase the temperature of the water and the water pressure within the drain, to the extent that a stream of a mixture of the Product with water at a high temperature may erupt from the confined space. Benson used the Product according to the instructions however, water rushed out of the pipe and struck him in the face causing him severe burns to his face and eyes.
Benson stated that he relied on what Marcus had told him and on the Drano label which he had read. Further, Benson claims that the label on the container did not state all the dangers and so the product was defective, and the labelling was misleading. The Product Drano is manufactured by an overseas company.


(a) Discuss the effectiveness of the legal system in protecting John's rights and in addressing the manufacturer's liability under the Australian Consumer Law (ACL). In your answer, you should refer to s18 of the ACL (Cth) and Sale of Goods Act (NSW) along with any rights under general consumer law.

 

Report Structure- Make sure write report in two thousands words

Executive Summary- Summarise key points that you are going to discuss about in your report

Introduction- Provide the background and key points

Legal issues

Rules- Refer to sections of the applicable legislation and case law eg s54 of the Australian Consumer Law Commercial Bank of Australia v Amadio - Explain what the legal issue was and the court decision.

Discussion- Discuss (explain the rules you have identified above to answer the question. Provide an argument that considers different views.

Recommendations and conclusion- Provide recommendations including consequences of the breach of the laws if any.