TORT OF NEGLIGENCE

George, an international student, wishes to buy a hoverboard. He searches several stores until he finds one on sale. George asks the shop assistant if the hoverboard will last for at least 3 years. The shop assistant states the hoverboard will remain in good condition for at least 5 years. George buys the hoverboard.

Two year later George leaves the hoverboard plugged in to the electrical socket overnight.In the early morning, the hoverboard catches alight and fire soon spreads to the rest of the house. George wakes up in time to evacuate but is forced to leave all his personal possessions behind.

George has no insurance to cover the loss of his home and personal possessions and wants to know if he can take legal action against the manufacturer or retailer under the tort of negligence in Australia.

a) In your answer explain the meaning of negligence and identify the elements that George must establish to demonstrate that the retailer/manufacturer was negligent. (5 Marks)

b) Explain manufacturers liability under the Competition and Consumer Law 2010 (Cth) Schedule 2 ACL (5 Marks)

c) Discuss whether George contributed to his own losses or whether George voluntarily assumed the risk by leaving his hoverboard plugged in to the electrical socket overnight.Also discuss whether George can claim damages against the manufacturer or retailer under the relevant Act according to your state jurisdiction (Vic),(NSW), (QLD) or (SA). (5 Marks)

Please make sure you use statutory provisions and relevant cases to support your legal arguments.