1. Sally bought hand cream from Priceline Pharmacy. The hand cream contained the pink Priceline logo plus listed the ingredients used in the cream. After carefully reading the list of ingredients, Sally (who is allergic to shea butter), is satisfied that the product will be safe to use. Later that day, Sally is shocked to discover that she was having all the symptoms of an allergic reaction and she was rushed to hospital. Later investigations revealed that Priceline's labelling contained an error and failed to list shea butter as the major ingredient in its hand cream. As a result of her allergic reaction, Sally remained in hospital for a month and incurred costs of $10,000 in lost wages plus payments for a live-in nanny to care for her children while she was in hospital. Advise Sally whether can sue Priceline for breaching ACL Pt 3-5.
2. What would be the likely remedy if she was successful in Court? (Remember to find a remedy inside the ACL)
3. How would your answer be different if the label clearly listed shea butter on the list of ingredients, yet Sally bought the hand creamwithoutchecking the list? Could Priceline escape liability somehow? (Defences)