Case Study: Australian Consumer Law, Negligence, and Product Liability

This case study examines a scenario involving a defective heater and its consequences under Australian Consumer Law. It explores the tort of negligence, analyzing the elements of duty of care, breach, damages, and causation. The case considers the responsibilities of the manufacturer, retailer, and installer, assessing their potential liability for the harm caused to consumers Joe and Kamala. The analysis references key legal precedents, including Donoghue v Stevenson, and relevant sections of the Australian Consumer Law, particularly concerning product liability and acceptable quality. The study concludes that both the manufacturer and retailer breached their duty of care, while the installer is exonerated. The application of the 'eggshell rule' is also implied, suggesting that the full extent of the damages are considered, irrespective of the foreseeability of the extent of harm.