Question
David Dunn operates Magic Moments, a function centre in the hills North-East of Perth. David is well known to provide that something special to make
David Dunn operates "Magic Moments", a function centre in the hills North-East of Perth. David is well known to provide that "something special" to make his guests' bookings a memorable experience. When Taka and Tomoko (both from Tokyo) booked their wedding function at "Magic Moments", David suggested that they should have fireworks at 8pm. The couple thought that this was a fantastic idea, and in consequence David ordered firecrackers from "Sky-High Pty Ltd".
Unfortunately, things went terribly wrong on the night of Tomoko and Taka's wedding. Some of the firecrackers exploded prematurely, causing burns to the upper body of Hideko (one of the bridesmaids) and singeing Tomoko's wedding dress. Hideko was hospitalised for seven weeks, unable to work and to care for her young son. Her medical bills totalled $34,500.
Other crackers exploded late and were still sparking when they landed on the marquee hired by "Magic Moments", and on the freshly painted motorbike parked in the backyard of David's neighbour's property. The burning residue left a 50x50 centimetre hole in the roof of the marquee and it totally destroyed the paintwork of the motorbike.
With reference to the above set of facts, and using the four-steps process, discuss the following:
(a) The liability, if any, of the manufacturer of the firecrackers
(b) Possible defences that the manufacturer may wish to use
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