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Assignment 1
BULAW5914
Commercial Law
Name of student: Pawandeep Kaur
Student ID: 30365734
Topic co-ordinator: Juliana Graham
This assignment is about to discuss, if there are any rights and claims under which the couple Joe
and Kamela are entitled to claim for the sustained injuries under the tort law and view the
circumstances that they can sue the liable party under the Australian Consumer law.
In this assignment, I will discuss the rights and obligations of tort law and Australian Consumer
law. Under what situations the tort law exercises.
I am going to discuss the tort of negligence law with the help of case references and what rewards
for incurred damages Joe and Kamela can claim.
1. Rights of Joe and Kamela to sue under the tort law
1.1 Introduction of Tort of Negligence
Law, what is Law? This is the question arises when we talk about law that what is it. The answer
is law can be defined as rules, principles or policies framed by the parliament of the country. In
other words, law is made by the selected representatives and judges of the country. Law is
maintained to protect the rights and responsibilities of the nation’s public. Law is further
categorized into various categories.
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Tort of negligence is one from those categories, it is
formulated to assure the rights of people. The legal term ‘Tort’ comes from the French word
“wrong” which means civil wrong. Negligence refers to unsuccessful duty of care. This law
conserves the person, property and any economic loss incurred by any other person as a result of
negligence. The person who gets injured by the negligence of other party have the full right to sue
and claim compensation for the loss. The tort law considers various elements while dealing with a
case, such as duty of care owed by every person to another person because of the duty not to cause
1
Latimer, P. (2012). Australian Business Law 2013. 32nd ed. Sydney, N.S.W. CCH Australia Limited.
harm, breach of duty of care that is a standard enforced by law to ensure whether there is a
negligence or not. Finally, the damages which are incurred to a person because of the unsuccessful
duty of care and so on.
2
This assignment outlines the situation and injuries sustained by a newly married couple Joe and
Kamela. According to the given scenario, they bought two room heaters, Hades 5000 and Hades
2000 for $4000 and $2000 respectively. They purchased the heaters from a discount department
store, Paymart. One day, the heater 5000 exploded, and they got injuries as well their house is
damaged intensively. Joe and Kamela can sue the manufacturer or retailer for the incurred
damages, because it is found that there is a fault in the heater not in the installation of heater, as
cite in the case of Donoghue
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.
We must examine the facts and view the whole situation, to be able to clarify that what is the law
applicable under the tort law and who might be held responsible for the whole loss and damages
incurred by the couple. As justify in case of Donoghue
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Joe and Kamela have the right to claim
for the personal as well as property damages and they can held the retailer liable for their loss and
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