Sally bought hand cream from Priceline Pharmacy which cost her $25 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 What would be the likely remedy if she was successful in Court (Remember to find a remedy inside the ACL) How would your answer be different if the label clearly listed shea butter on the list of ingredients, yet Sally bought the hand cream without checking the list Could Priceline escape liability somehow (Defences) Question (1) Step 1 Is Sally a 'Consumer' according to ACL s 3 Explain the section and then give reasons Step 2 Is Priceline a 'Manufacturer' according to ACL s 7 Explain the section and then give reasons Step 3 Did Priceline breach ACL Pt 3 5 Element 1 Was the item sold in Trade and Commerce Explain the legal rule and then give reasons Element 2 According to ACL s 9, was the item unsafe Explain the section and then give reasons Element 3 Did Sally sustain an injury that was caused by the item (Can be personal injury and financial injuries) Refer to the relevant section in the ACL Conclusion Based upon all of the above, there is very good chance that Sally can sue Priceline for her injuries because Priceline clearly breached ACL s 3 5 by supplying an unsafe product Question 2 The most likely remedy would be that Priceline (under ACL s 138) Question 3 If the situation was different and Priceline did in fact label the product correctly, then Priceline could escape liability by arguing that (Competition and Consumer Act 2010 (Cth) s 137A)

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Sally bought hand cream from Priceline Pharmacy which cost her $25. The hand cream contained the pink Priceline logo plus listed the ingredients used in

Sally bought hand cream from Priceline Pharmacy which cost her $25. 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.
What would be the likely remedy if she was successful in Court? (Remember to find a remedy inside the ACL)
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)

Question (1)

Step 1: Is Sally a 'Consumer' according to ACL s 3? Explain the section and then give reasons.

Step 2: Is Priceline a 'Manufacturer' according to ACL s 7? Explain the section and then give reasons.

Step 3: Did Priceline breach ACL Pt 3-5?

Element 1: Was the item sold in Trade and Commerce? Explain the legal rule and then give reasons
Element 2: According to ACL s 9, was the item unsafe? Explain the section and then give reasons
Element 3: Did Sally sustain an injury that was caused by the item? (Can be personal injury and financial injuries). Refer to the relevant section in the ACL.

Conclusion: Based upon all of the above, there is very good chance that Sally can sue Priceline for her injuries because Priceline clearly breached ACL s 3-5 by supplying an unsafe product.

Question 2

The most likely remedy would be that Priceline ______________ (under ACL s 138)

Question 3

If the situation was different and Priceline did in fact label the product correctly, then Priceline could escape liability by arguing that ______________________(Competition and Consumer Act 2010 (Cth) s 137A).