Product Liability fbiserver产品责任联邦调查局服务器.pptVIP

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (c) J. Thomson 2006, 2009, 2011 * Recall of goods If goods have been banned, do not comply with existing product standard or A-G considers them dangerous. Supplier may be subject to pecuniary penalties. (c) J. Thomson 2006, 2009, 2011 * SUMMING UP (IMPORTANT!) (USEFUL!!) (c) J. Thomson 2006, 2009, 2011 * Summing Up Must use Sale of Goods Act where goods cost $40,000 AND not of a type normally bought for personal, domestic or household use or consumption. Use state enforcement of Australian Consumer Law where goods cost $40,000 or if $40,000, goods are of a type normally bought etc, especially if supplier is not a corporation or a natural individual in interstate/ overseas trade or commerce. (c) J. Thomson 2006, 2009, 2011 * Summing Up Use Commonwealth ACL where goods cost $40,000 or if $40,000, goods are of a type normally bought etc AND in either case supplier IS a corporation in trade or commerce or natural individuals in interstate or overseas trade commerce and those making misleading and deceptive marketing statements over internet, phones, post, TV, radio). (c) J. Thomson 2006, 2009, 2011 * Summing Up When using ACL consider using Pt 3-2 for consumer to sue retailer (usually FIRST BEST choice) Part 5-4 Div 2 if consumer/ person deriving title through consumer is harmed and need to sue manufacturer (eg because retailer is bankrupt) Pt 3-5 if any person (e.g. innocent bystander) is harmed and need to sue manufacturer (because no contract between innocent bystander and Seller). (c) J. Thomson 2006, 2009, 2011 * * * * * * * * * * * * * * * * * * * * * * * * * * * (c) J. Thomson 2006, 2009, 2011 * Basic Common Law Test for Negligence – Wyong Shire Council v Shirt Would a reasonable person in the Defendant’s position have foreseen that his conduct involved a risk of injury to the plaintiff / class of persons including the plaintiff? If so, did the defendant do what a reasonable perso