Marcus buys a Superhero cape for his son Henry. Henry is six and has been pestering Marcus for one of these capes because all his school friends have one. The capes are extremely popular with young children and are heavily advertised on television during the prime viewing time for children of that age. The advertisement shows a young boy wearing the cape and flying through the air against a stylised background of skyscrapers. Henry puts the cape on and jumps off a low garden wall. He thinks he will be able to fly, based on what he has seen in the television advertisement. Afterwards, Henry complains to Marcus that the cape doesnt work and Marcus discovers what has happened. Fortunately, Henry hasn't been injured on this occasion, but Marcus is very concerned as Henry could have jumped off a high balcony on the second storey of their house instead of the garden wall.

Marcus is very active in the Parent's Association of the primary school Henry attends. He has spoken to other parents to warn them about the cape, and it turns out that several of the other parents who have bought the cape have had similar problems with children jumping from high places around their homes. Luckily none of the children have been injured. Marcus shows a video of the advertisement at the next meeting of the Parent's Association, but when they see the advertisement none of the other parents think it suggests you could actually fly with the cape on. It turns out that the children have been talking about the cape at their school and daring each other to try to fly with it on. Marcus wants to take some action in relation to the advertisement, as he is really concerned that a child might get hurt.

a. Could Marcus succeed in an action for misleading or deceptive conduct over this advertisement? What types of remedies should he seek for this particular problem? Explain your answer. (10 marks)

b. Does the Superheros cape have a safety defect? Why or why not? (5 marks)