Question 1

Inigo went to visit Dr Faust, the local dentist nearby. For years he has not seen a dentist and he was in severe pain. After the examination, Dr Faust said Inigo had four cavities (holes) in his teeth that needed fillings. The dentist recommended the very latest material for the fillings known as Titanium XY (manufactured by Hard Rock Pty Ltd).

When Inigo expressed his concerns about the procedure, Dr Faust replied:

"You do really need these fillings. They will last at least 20 years, probably longer. They are perfectly safe - I guarantee it!!'

Inigo made further attempts to clarify his concerns to Dr. Faust, but the dentist simply ignored him and assured him that:

"Everything will be okay! These dentures are like practically indestructible! Nothing can destroy it!"

Satisfied, Inigo then booked for an appointment for treatment the following day. The procedure cost Inigo $10,000.

Three days later, Inigo started to suffer terrible pain in his mouth near the filled teeth. He was diagnosed with severe blood poisoning (septicaemia) and an infection. It was later found Dr. Faust did not properly install the Titanium XY. The fillings will have to be done again (cost $1,000), Inigo had to be hospitalised for 10 days at a cost of $5,000 and he missed his flight back to Spain (worth $6,000).

Advise Inigo (the plaintiff)

1. Of any express terms (under common law)that were breached by Dr Faust (the defendant);

1. Of the ACL consumer guaranteesthat were breached by Dr Faust (assume the contract is covered under the ACL) and;

1. Whether he can claim damagesfor the following losses:

• The cost of having the fillings done again ($1,000)
• The cost of hospitalisation ($5,000)
• The cost of the flight to Spain ($6,000)

please write in IRAC structure