SHORT ANSWER QUESTIONS:

T plc are a UK manufacturer of kitchen electrical equipment. Vernon recently bought a toaster, manufactured by T plc from a local retail outlet, X Ltd.

Vernon unpacked the item and toasted two pieces of bread. He left the kitchen briefly to pick up his post from the doormat. When he returned he was horrified to find that the toaster was on fire. In putting out the flames, Vernon suffered superficial burns. Some of his kitchen units were damaged and the toaster was destroyed.

Upon expert investigation it was discovered that the fire had been caused by a faulty internal component in the toaster.

(a)Identify the legal claim that Vernon might have against the retailer, X Ltd, in relation to the faulty toaster, and explain what Vernon would need to prove in order succeed in this claim.

(3 marks)

(b)Apply the elements of the claim you identified in part (a) to the facts of the scenario in order to predict whether Vernon's claim is likely to succeed.

(3 marks)

(c)Now assume that the retailer, X Ltd, has recently gone into liquidation, making a claim against it unlikely to succeed. Explain what Vernon would need to prove in order to succeed in bringing a claim against T plc, the manufacturer of the toaster, in the tort of negligence.

(3 marks)

(d)Apply the elements of Vernon's claim in negligence against T plc to the facts of the scenario in order to predict whether Vernon's claim is likely to succeed.

(4 marks)

(e)Identify the alternative statutory claim Vernon may have against T plc and explain why this claim will be easier for him to establish than an action in the tort of negligence.

(2 marks)