Question
Mr and Mrs Smith purchased a Vulcan ducted gas heater for their home. The high-temperature cut-out switch failed to work properly and a house fire
Mr and Mrs Smith purchased a Vulcan ducted gas heater for their home. The high-temperature cut-out switch failed to work properly and a house fire resulted. They want to sue the manufacturer under Part 3-5 of the ACL for the following types of damages: (1) damage to the structure of their home; (2) damage to the contents of their home; (3) damage to Mr. Smith's work equipment which he kept stored in one of the rooms of the home while between jobs. Advice Mr & Mrs Smith.
The German drug company CG developed and sold Thalidomide that was used to alleviate morning sickness in pregnant women. Shortly after the drug was sold, between 5,000 and 7,000 infants were born with malformation of the limbs. What would the company have to prove in order to take advantage of the state-of-the art defence in s 142?
Joanna purchased a laptop from a Singaporean online company for $800. She signed an online contract with the company. Among others, the contract included the following terms and conditions: 2. The contract shall be governed by Singaporean law. 6. The Australian Consumer Law does not apply to this contract. 15. The parties explicitly agree that ACL does not apply to this contract. 18. Only the Singaporean company has the right to terminate the contract within 3 days. After a day, the Singaporean company terminates the contract. Assume that Singaporean law does not have consumer law protection provisions and it validates contracts which grants rights to only one party. Advise Joanna on whether she can challenge the ability of the Singaporean company to terminate the contract after one day.
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