Question
Jenna owns a bakery which specialises in making decadent wedding cakes. Luke approaches Jenna to make a wedding cake for him.The cake costs $2,500.When Luke
Jenna owns a bakery which specialises in making decadent wedding cakes.
Luke approaches Jenna to make a wedding cake for him.The cake costs $2,500.When Luke picks up the cake, it is pink, covered in little pictures of cute kittens and says "HAPPY BIRTHDAY LUKE" on the top.Luke tastes the cream covering the cake and is disgusted.The cream has gone off and he notices a cockroach buried in the cream.
When Luke sees the cake, he becomes very agitated. Jenna is annoyed as she thinks Luke is overreacting.She says to Luke, "If I wasn't so tired, I would slap you right now." She instead picks up a spatula which was lying nearby and throws it at Luke striking him in the head.
Part A
Has Jenna violated any consumer guarantees in the Australian Consumer Law?
Part B:
Has Jenna committed any torts?
WHEN ANSWERING THIS QUESTION INCLUDE REFERENCES TO CASE LAW AND LEGISLATION. "YES/NO" ANSWERS WILL NOT BE AWARDED ANY GRADES.
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