QUESTIONS

1.Tim bought a heater from Bunnings. The heater came in a box displaying the Bunnings logo and cost him $19.00. After using the heater every day for 2 weeks (running the heater on full power for 16 hours per day), the heater started emitting smoke and caught on fire... burning a massive hole in his lounge room wall. Tim comes to you and ask whether you think the heater had a "safety defect". (In your answer you must refer to ACL s 9, as well as any cases you wish to include)

2.Explain the case of Glendale Chemicals v ACCC

3.If the heater caught on fire and caused Tim's house to burn down, which 3 things would Tim need to prove if he decided to sue Bunnings under ACL Pt 3-5?

4.If you were Bunnings, (a) would you prefer to be sued under ACL Pt 3-5 or in common law negligence? (b) Why?

If it was later discovered that the heater overheated due to a compulsory warning label (required by Australian law) which was placed on the side of the heater. Could Bunnings escape liability somehow? (Defences)