QUESTION TWO

Cameron is 20 years old and has just arrived in Australia from France. He speaks little English and has a limited understanding of the Australian employment requirements. He has moved to Australia in the hope of becoming a zoo-keeper. Cameron is obsessed with Australian wildlife and hopes one day to work at the Australian Zoo.

One evening, Mia, a salesperson working for Smart Phones Australia, visits Cameron and asks if she could talk to Cameron about some special mobile phone offers. After chatting for some time, Mia successfully convinces Cameron that he needs a new smart phone. To encourage Cameron to buy the new smart phone, she repeatedly tells him that his current smart phone would not work in Australia. This is incorrect information as the phone will in fact work in Australia; Cameron only needed a new sim card to use the phone and a different charger.

During the discussion, Cameron tells Mia that he wants a reliable smart phone which can be used in the country. Cameron explains to Mia that he will be travelling to the country a lot to check out the Australian wildlife. Mia assures Cameron verbally, "well, we sell the number one smart phone on the market, and the phone has coverage all over the world".

Cameron is very excited and subsequently signs a contract to buy the new smart phone from Smart Phones Australia for $5,000. However, Cameron does so without reading the contract and without consulting anyone.

The smart phone is delivered to Cameron the next day. One week later, Cameron tries to turn on the smart phone; he presses the power button and the whole phone catches on fire. The kitchen bench that the smart phone was sitting on is partly damaged from the fire. Cameron suffers severe injuries, including third-degree burns to his hands as a result of the fire.

An independent enquiry found that the smart phone was not the number one phone in Australia and it did not have coverage all over the world. The smart phone was built and manufactured in Korea and had not passed any safety tests. The price that Cameron had to pay was also two times higher than normal market standards.

REQUIRED:

Advise Cameron as to his rights against Smart Phones Australia under common law.

(20 marks)

QUESTION THREE

"Judges don't make law, they only apply it".

REQUIRED:

Discuss this statement using case examples