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Home Page X a801c392c4 x C Acme Powe X C Search Textl X Paraphrasing X G Acme Powe X * Course Her X Course Her X * Course Her X X C A d3cgwrxphzOfqu.cloudfront.net/38/01/a801c392c4df80ff0182ec9f5bee8652afc6694b?response-content-disposition=inline%3Bfilename%3D"4.viii.2020.Law%. G Apps Global Goals YouTube 9 Maps = News Translate Web Store New Tab a801c392c4df80ff0182ec9f5bee8652afc6694b 49 / 50 + Question 4 Mr and Mrs Thomas installed a gas-operated, ducted 'Vulcan' heater in their house. The heater was installed by a licensed plumber. Less than a year after the installation, a fire occurred at the Thomas' house, which caused substantial damage to the home and its contents. No one was at home at the time. The source of the fire was traced to the heater. The heater was automatically activated by a control system, which was set to come on when the temperature fell below a certain level. The heater was also designed to switch off automatically once a certain temperature had been reached. The 'cut-off' switch in the Thomas' heater failed. The heater continued to discharge hot air even though the cut-off temperature had been reached. As a consequence, the ducting ignited, causing the house to burn. (a) Discuss the factors relevant to deciding whether Vulcan was liable for the losses occasioned by the fault in the heater. (Hint: See Thomas v Southcorp Australia Pty Ltd [2004] VSC 34). (b) Would you answer be different if the instructions for operating the heater advised not leaving it running unattended for more than two hours at a time, an instruction Mr and Mrs Thomas did not follow at the time of the fire (which occurred overnight)? + Question 5 Type here to search O Ei 9 W P X 2 1 0 60 ENG 6:16 PM 14/09/2020

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