(Pdf) Commercial law Assignment Sample

Commercial Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
1. Explaining the basis of liability in the tort of negligence that manufacturer or distributor of
Thermomix appliance might have...............................................................................................3
2. Stating the role of relevant caps on personal injuries damages...............................................4
3. Presenting the level to which injured users have possible rights as per Australian Consumer
law................................................................................................................................................5
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Commercial law deals with the several legal aspects related to corporation, securities &
derivatives, banking, taxation, trade and consumer law. On the basis of cited case situation,
Thermomix in Australia Pty Ltd (TIA) offers high-end electrically powered kitchen appliances to
the customers. Such appliances are manufactured by German company namely Vorwerk & Co
KG. Thermomix imported such appliances and sell the same in Australia. In this, report will
provide deeper insight about accountability pertaining to the tort of negligence. Further, it will
shed light on the relevant caps associated with the case of Thermomix. It also depicts rights
which customer’s posses on the basis of ACL.
1. Explaining the basis of liability in the tort of negligence that manufacturer or distributor of
Thermomix appliance might have
Given case scenario presents that TIA misled customers through false representations.
Moreover, it denied in relation to having knowledge about safety issues. Due to the defect in
appliance such as TM31 people being scalded or burned. Further, Choice presented 87 incidents
occurred due to the use of Thermomix appliances. Out of 87, 18 incidents required special care
and treatment from nurses. In this, issue is to ascertain the liability of Thermomix’s manufacturer
and distributor in against to the injured person and product.
In accordance with the laws and legislation, manufacturers, distributors, suppliers, retailer
and other authorities who provide customers with the products are held accountable for the
injuries associated with the same. Consumer Protection Act (CPA) or the common law of
negligence presents that manufacture may be held liable for defective products or any of its
components offered (Product liability for negligence, 2018). Thus, irrespective of any
contractual limitations pertaining to liability manufactures or suppliers owe responsibility
towards the customers.
From assessment, it has identified that product liability claim occurs when aspects in
relation to warnings failure, manufacturing and designs defect are identified. An Australian
product liability laws include both common laws and legislation. Laws entail that person can
demand for the compensation or damages on the basis of following aspects: