Task Read: Paul Latimer, Australian Business Law (a 2013-2016 edition) ¶4-010 to ¶4-220; and ¶7-215. Read and listen to the ABC News item ‘Bonsoy toxic soy milk victims on track for share of $25m payout; thought to be record-setting settlement’ available (with link to the related sound file) at: http://www.abc.net.au/news/2014-11-24/bonsoy-iodine-victims-on-track-forshare-of-25m-payout/5913218 Answer all 3 questions 1. In relation to the reformulated Bonsoy soy milk product sold in the period from 2004-2009, explain the basis of any liability in the tort of negligence prior to the settlement that any manufacturer or distributor of Bonsoy might have had to its Australian consumers. Leave aside the question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that would apply in your State. (15 marks) 2. Prior to the settlement did the Australian consumers you considered in question 1 have any rights under Part 3-5 of Australian Consumer Law (ACL) against any manufacturer or distributor? If so on what grounds could they have brought such an ACL action and what defences might a sued manufacturer or distributor put? Again leave aside any question of the amount of damages. (10 marks) Commercial Law Assignment (BULAW5914) Federation Business School CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J (SA) 3. Discuss the role that the relevant caps on personal injuries damages might have played in limiting the extent of any possible tort or ACL liability that you considered in question 1 and in question 2. (10 marks)
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Posted on May 12, 2016Author TutorCategories Question, Questions