torts/commercial/ law (1 Viewer)

[mr EaZy]

hi

i gotz a role play question and i thought i should post this one up, (im just curious)

okay so i buy furniture from a store. It was made overseas.
the warning label: (tighten bolts securely) is in a foreign language.
the instructions were also in a foreign language (indonesian)

so i assemble the bed but didnt read the warning sign coz i didnt understand and then my kids jump on the bed.

the bed breaks

my kids are injured

i get a mental breakdown.


What action should i take?

im assuming there's negligence involvedd somewhere.
the guy who ran the shop or the wholesaler should have given an english label warning.
damages of stress and injury

some clause from the sales of goods act and trade practices perhaps?
is that it?

am i on the right track? (i havent covered torts yet so ill need to do some research- i havent even confirmed that this is what i wanna do.... i can coose))

 

[Newbie]

i think you can sue both
its a normal torts case + mental harm category?

 

[MoonlightSonata]

You could just try and sue the store owner for negligence. Normally you would also go after the manufacturer under the TPA, however since they are overseas that would prove difficult... international transaction law principles may apply there.

 

[Frigid]

you have three causes of action (i think?)...

first is TPA - since the manufacturer is overseas, the importer is deemed liable. can't remember which section... maybe merchantable quality?

second is negligence. since i haven't done torts and i have forgotten most of Blethics, i will allow my learned friends to answer that issue.

third is breach of contract (?) - Mr MS can answer that question better than me but basically i think it should be about implied condition of safety?

 

[MoonlightSonata]

first is TPA - since the manufacturer is overseas, the importer is deemed liable. can't remember which section... maybe merchantable quality?

Ah really? That's interesting

third is breach of contract (?) - Mr MS can answer that question better than me but basically i think it should be about implied condition of safety?

That one aint gonna happen

 

[scut]

Yup, TPA Division 2A section 74A(4):

"If:
a) goods are imported into Australia by a corporation that was not the manufacturer of the goods; and
b) at the time of the importation the manufacturer of the goods does not have a place of business in Australia;
- the corporation shall be deemed, for the purposes of this Division, to have manufactured the goods"

(-I had the TPA legislation on hand as I was doing a H/W problem on TPA).