Answer To: Assessment Task – Tutorial Questions Unit Code: HI6027 Unit Name: Business and Corporate Law...
Preeti answered on Jun 21 2021
Discussion Questions
Week 6
a) According to the Occupiers Liability Act 1957, whenever any customer enters in a shop or store, store manager owes duty of care ensuring that store is reasonably safe and secure (Robbennolt & Hans, 2016). The same principle applies on Egeeay supermarket and other stores which owe a duty of care towards their customers, and, failing in recognising it, results to serious accidents and happenings. If store managers or occupiers fail in their duty of care and consumer has suffered any kind of loss on account of it, then, it makes consumer entitled for seeking recovery of losses and compensation for their injuries (Cartwright, 2012).
In a case law, ‘Argo Managing Agency Ltd v LAL Kammessy [2018] NSWCA 176’, it is found that liquid spread on the floor caused injury to customers, supermarket is under the duty of cleaning the floor in frequent time intervals. Later on, court findings and evidences showed that injury didn’t cause due to liquid on the floor, there are no evidences that liquid was on the floor (DiMatteo, Zhou, Saintier & Rowley, 2013). The evidence showed that there is proper inspection system in place, but inspection didn’t find and notice any liquid on the floor that caused injury. There was no negligence on the part of defendant as he has placed proper and adequate system in place for detecting spillages evidencing company has exercised a reasonable level of care.
b) Yes, Egeeay supermarket has breached the duty of care and violation of norm indicating store policy of conducting checks in every 15 minutes of the floor in the fruit section. Beside violation of the norm, store manager is found as guilty of negligence as he is not adequately informed and updated as how long grapes had been there, how it reached there and other aspects. No idea and information on the part of store manager proves his negligence on the part of fulfilling duty of care. The plaintiff has seriously injured in his attempt of purchasing and procuring products from aisles of supermarkets (Williams, 2017). The plaintiff’s filing of liability lawsuit against the store claiming the fact that Egeeay store manager is highly negligent in providing safe and secure shopping area to the plaintiff. In support of plaintiff’s claim, there are several evidences cited as Egeeay supermarket failed in fulfilling and complying with standard operating procedures which requires store to adhere with cleaning protocols and safety norms. A supermarket has an ‘affirmative duty’ to provide every customer with cleaned floor and reasonably focussing on store’s cleanliness, safety and hygiene. All these evidences led plaintiff in succeeding claim against the supermarket and recovering personal injury compensation award and reimbursement for the financial losses incurred to him (Clarke, 2013).
c) If Barbara slipped on some grapes in the fruit section of the store, she is entitled for claiming damages from supermarket. When entering and making purchases from store, it is the responsibility of store manager ensuring that every section and department of the store is clean, safe and free from any kind of spillage. The store manager is under the duty of conducting safety checks in frequent intervals as a proactive step for customers’ and passengers’ safety. No matter whether Barbara has made shopping in pet section or fruit section, it falls in prime responsibility of store manager of keeping store free from any risks and defects (ACCC: Consumers' rights & obligations, 2018).
Week 7
According to Australian Consumer Law, manufacturer’s, suppliers and distributors of consumer products are liable for any losses and injuries caused to consumer by purchasing or consuming such products. ACL is a single legislation that deals and addresses consumer issues related with misleading or deceptive products, unfair contract terms, statutory consumer guarantees, and any unfair practices regarding product safety and manufacturer liability (Fairweather, O'Shea & Grantham, 2016). ACL sets out clear obligations on the part of manufacturer for damage or loss incurred to consumer from breach of consumer guarantees. According to ACL, companies and manufacturers are under mandatory obligations of becoming aware that a consumer good that...