Law advise (1 Viewer)

[googy_1985]

Hi,
I was wondering if you sell a product that is unsafe for consumption, what laws are you breaking. One I can find is the Trade Practices ACT.


Does anyone know whether it is against a 'health act' of some sort?


thanks

 

[Ragerunner]

1st degree murder

 

[timmii]

well Donoghue v Stephenson [1932] means that they would be liable for negligence since they should reasonably have the consumers in their contemplation when they decided to act in producing unsafe products...non? So yeah...that would be common law rather than legislation.

But yeah as said, statute-wise, federally there is the Trade Practices act, and in NSW there is the fair trading act.

 

[timmii]

Lol! Thought you may enjoy it!

I love collins v Wilcock...the least touching of another is trespass...but we must allow for the exigencies of everday life... and then something about being able to jostle in supermarkets and tap someone on the shoulder to get attention!

 

[timmii]

ohhhh

I like trespass! We've only just started negligence. But there are a lot more cases that get my upset/angry than in trespass. Malette v Shulman is my pet hate! Great case, but i'm ready to fly to canada and slap the plaintiff!

 

[timmii]

Probably true. There was considerable emphasis on the purposes/history and development of tort law...i.e understanding what interests its meant to protect and how.

 

[Lazarus]

I think you picked the wrong classes, Asq.

 

[kini mini]

Originally posted by Asquithian
ya h...we didnt do much of that ...if any at all...one lesson i think

Hmmmmm...as someone who was in your class all last session I have to disagree - we did quite a bit on history, trespass and case etc!

Of course, Melb is the torts champ with its 1 year undergrad torts component .

 

[timmii]

So did u guys do trespass then...and asq just missed it? (sitting at the back, talking i spose? )