Reference no: EM133577567
Fundamentals of Business Law
CASE STUDY ANALYSIS
Olivia purchased a set of silk pillowcases from a local retail store. The retailer has purchased the pillowcases directly from the manufacturer. These pillowcases were manufactured by Satin Dreamz Ltd. Unfortunately, the manufacturer (Satin Dreamz Ltd) failed to remove a known allergenic substance from the silk fabric. After using the pillowcases, Olivia developed respiratory issues and later diagnosed with a severe allergic reaction. Satin Dreamz presented evidence that they had manufactured over one million pillowcases without any prior complaints. Olivia sued the manufacturer, Satin Dreamz and the local retail store.
Analyse the information for the case study given above and write a report addressing the following questions.
Questions
Can Olivia bring a lawsuit under tort of negligence against the manufacturing company, Satin Dreamz Ltd? In your answer you are required to examine following aspects.
1. Does Satin Dreamz Ltd owes a ‘duty of care' to their ultimate consumers?
2. Discuss whether Satin Dreamz was negligent in manufacturing their products? ( apply section 5B of the Civil Liability Act 2002 (NSW)).
3. Whether there are any defences that the manufacturing company raise under tort of negligence in relation to Olivia's claim?
4. Did Olivia have a contract with the local retail store, when he purchased the pillowcases? What is the nature of such contracts? Note: consider the impact of the Australian Consumer Law and evaluate the application of the consumer guarantees under the Australian Consumer Law in this case.
5. Can Olivia initiate a lawsuit against the manufacturing company under the Australian Consumer Law (ACL)?
You should refer the following two cases, when answering the above questions.
Donoghue v Stevenson case [1932] UKHL 100, [1932] AC 562
Grant v. Australian Knitting Mills Ltd case [1936] AC 85
Your case study report must be structured as follows:
Executive Summary
Introduction
Findings
Discussion
Conclusion
|
Write a brief short story of a time in their childhood
: After the class session where frames of references (FoR) are discussed and learned, students are to write a brief short story of a time in their childhood.
|
|
What are the evidence based strategies for advancing human
: According to bill hr 8542 what are the evidence based strategies for advancing human rights and evidence based strategies for infuencing others on the act
|
|
Are public defenders known to do a good job of representing
: Should taxpayers, have to pay the attorney's fees of someone accused of a crime? Does it matter if they are convicted or found not guilty?
|
|
What options dorothy williams can be advised of
: Explain what the officer should do, and what options Dorothy Williams can be advised of, given her concerns, for Mr. Williams. Could you please explain it
|
|
Discuss whether satin dreamz was negligent in manufacturing
: LAWS101 Fundamentals of Business Law, Canterbury Institute of Management - Discuss whether Satin Dreamz was negligent in manufacturing their products
|
|
What are the prospects of success for applying for a student
: What are the prospects of success for applying for a Student (Temporary) Class TU Subclass 500 visa in Australia and why? You are required to identify any issue
|
|
Provide rationale and insight into your overall strategy
: Provide rationale and insight into your overall strategy and why you chose the two creative approaches or directions, and how it will reach the target audience.
|
|
How it has been interpreted today
: Look at the 2nd Amendment. It has been very controversial in recent years. why was it included in the Constitution, its wording and meaning, and how it has been
|
|
How did the case get to the florida court of appeals
: Who are the parties in the case? What is the procedural history of the case? (i.e., how did the case get to the Florida Court of Appeals?)
|