Commercial Law Assignment (BULAW5914) Federation Business School CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J (SA)
| University | Federation University |
Scenario In January 2019, Priya gave birth to a baby boy named Aaru. While she was still in hospital recovering from the birth, Priya’s husband Rahul went to a large retail store called Baby’s R Us and asked a sales assistant there what would be the best baby’s cot for a new born baby. The sales assistant, William, suggested either of two cots would be suitable: the “Lullaby Wonder” or the “Sleep Sound”. He suggested that the Lullaby Wonder is quite solid, and so once assembled, it is best to be kept in that state, whereas the Sleep Sound is more portable and can be easily assembled and disassembled, suitable for using in different places. As Privya and Rahul enjoy travelling in their car, and seeing different parts of Australia, Rahul purchased the Sleep Sound so that it could be taken on their frequent holidays, and would fit easily into their car, a Toyota Corolla. Within two months of Aaru’s birth, the family set out on their first overnight adventure with the Sleep Sound. They stay overnight in an Airbnb. While Aaru sleeps in the Sleep Sound, Priya and Rahul watch television in another room. When Priya later checks on Aaru, she is shocked to see that the Sleep Sound has collapsed, and folded, trapping Aaru inside. Aaru is crying, and they immediately take him to hospital, worried that he may be injured. Priya is also treated at the hospital for shock. Baby’s R Us bought a large one off shipment of the Sleep Sound from Lars Aaberg, an importer who they have lost touch with. Thus, they remain unsure as to who the manufacturer of this particular cot is. Commercial Law Assignment (BULAW5914) Federation Business School CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J (SA) Please answer both questions: 1. Advise Priya and Rahul what rights they may have to sue in the tort of negligence. Please refer to case law principles and statutory provisions in your answer. (15 marks) 2. Advise Privya and Rahul if they can sue under Part 3-5 of the ACL. If so, who would they sue, and on what basis? Please refer to specific statutory provisions of the ACL in your answer. (20 marks) (Total available marks: 35)
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