Kleen Goods plc are a UK manufacturer of electrical appliances. Jack recently bought a washing machine, manufactured
Question:
Kleen Goods plc are a UK manufacturer of electrical appliances. Jack recently bought a washing machine, manufactured by Kleen Goods plc from a local retail outlet, Discount Appliances Ltd.
Jack started the washing machine and left the kitchen briefly to answer his phone. Hearing his smoke alarm, he returned to heavy smoke in the kitchen and flames coming from the back of the washing machine . In putting out the flames, Jack suffered superficial burns. Some of his kitchen units were damaged and the washing machine itself was destroyed.
Upon expert investigation it was discovered that the fire had been caused by a faulty internal component in the washing machine.
1. Does Jack have a legal claim against the retailer, Discount Appliances Ltd, in relation to the faulty washing machine? If so, what would he need to prove in order succeed in this claim?
2. Apply the elements of the claim you identified above to the facts of the scenario in order to predict whether Jack's claim is likely to succeed.
3. If the retailer, Discount Appliances Ltd, goes into liquidation, a claim against it would be highly unlikely to succeed. What does Jack need to prove in order to succeed in bringing a claim against Kleen Goods plc, the manufacturer of the washing machine, in the tort of negligence?
4. Apply the elements of Jacks's claim in negligence against Kleen Goods plc to the facts of the given scenario in order to predict whether his claim is likely to succeed.
5. Identify the alternative statutory claim Jack may have against Kleen Goods plc and explain why this claim will be easier for him to establish than an action in the tort of negligence.