Brian received a bicycle as a gift from his partner Clara. The bicycle was made by Penny Farthings Pty Ltd, an Australian manufacturer based in Victoria, and is sold by various retail outlets throughout Australia. Clara bought this bicycle from ParraCycles in Parramatta. The bicycle does not comply with the relevant product safety standards, which require lights on the front and back of the bicycle and reflectors on the wheels. Neither Brian nor Clara know much about bicycles so they do not realise that this is a problem. Several weeks later, Brian was knocked off the bicycle by a car when riding home from work in the early evening. Brian has a broken leg and has been unable to work for several weeks. Clara, who is a freelance writer, has had to decline several jobs in order to care for Brian during his recovery. 

 

a. What should ParraCycles do if Clara complains to them about Brian's injuries? 

b. What steps could the government take to prevent others from being injured by this particular make of bicycle? 

c. Does the bicycle have a 'safety defect'? Explain your answer. 

d. Is Penny Farthings or ParraCycles liable for the injuries to Brian? Why or why not?