George, an international student, wishes to buy a hoverboard. He searches several stores until he finds one on sale. George asks the shop assistant if the hoverboard will last for at least 3 years. The shop assistant states the hoverboard will remain in good condition for at least 5 years. George buys the hoverboard.

Two year later George leaves the hoverboard plugged in to the electrical socket overnight.In the early morning, the hoverboard catches alight and fire soon spreads to the rest of the house. George wakes up in time to evacuate but he is forced to leave all of his personal possessions behind.

George has no insurance to cover the loss of his home and personal possessions and wants to know if he can take legal action against the manufacturer or retailer of the hoverboard under the tort of negligence in Australia.

a)In your answer explain the meaning ofnegligenceand identify theelementsthat George must establish to demonstrate that the retailer/manufacturer wasnegligent.(5 Marks)

b)Explain manufacturers liability under the Competition and Consumer Law 2010 (Cth) Schedule 2 ACL(5 Marks)

c)Discuss whetherGeorge contributed to his own lossesor whetherGeorge voluntarily assumed the riskby leaving his hoverboard plugged in to the electrical socket overnight.Also discuss whetherGeorgecan claimdamagesagainst the manufacturer or retailer under the relevant Act according to your state jurisdiction (Vic),(NSW), (QLD) or (SA).(5 Marks)