Question
Wesley is a fashion designer.He wants a new computer system so he can design clothes and display his designs to the Department Stores. Wesley reads
Wesley is a fashion designer.He wants a new computer system so he can design clothes and display his designs to the Department Stores. Wesley reads a specialist magazine, owned and published by LBP Pty Ltd, called 'Clothing Design Software Monthly'.The latest issue has a detailed review of the "AutoFab" computer system written by an expert employed by LBP.The review states that the system will 'satisfy fashion designers' requirements perfectly'.Wesley relies on this review and buys the system.
When Wesley presents his designs to a large number of fashion buyers from 10 different department stores, the system crashes,andthedesignsare permanently erased.As a result, Wesley will need to start the design process again, which will take many months.He loses the opportunity to sell any of his designs for Spring and suffers lost sales of $550,000.When he does some research, he realises that the AutoFab system is more suitable for house designs.LBP Pty Ltd's expert reviewer could have discovered this by checking with the manufacturer or by more thorough testing of thesystem.
What rights and remedies, if any, does Wesley have against LBP Pty Ltd under tort law?
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