Question
Madeline buys a clothes iron from Moonbeamelectrics, whichhas an automatic cut outswitch, whichturns off the iron after 20 minutes if it is left unattended. Madeline
Madeline buys a clothes iron from Moonbeamelectrics, whichhas an automatic cut outswitch, whichturns off the iron after 20 minutes if it is left unattended.
Madeline forgets to turn off the iron when she goes shopping. She is shopping for about three hours. The iron does not automatically switch off after 2 hours through a manufacturing fault and a firestarts, whichdestroys the kitchen and laundry of her house.
Advise Madeline
a)What provisions of the Australian Consumer law would be best used to recover compensation for the damage to her house?
b)Are there any cases that assist your answer?
c)Why would using the provisions of the Australian Consumer Law be better to use than a common law action in negligence?
d)What evidentiary difficulties might Madeline have in proving her case using the ACL?
e)If Tim the fireman accidentally opens his firehoses when he mistakenly thinks the fire is in the living room and destroys Madeline's very valuable rugs which she bought in Turkey, can she sue Tim or the Fire brigade for their negligence?
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