Originally posted by LaZy_KoReAn
But the cashier sold it, not the "manufacturer"
Originally posted by sugamama
Laz I need clarification on the tort/contract
The full Q is
Chris bought a packet of cereal from a corner shop. SHe opened it and discovered pieces of metal with the cereal. Chris wishes to take legal actuon against the manufacturer of the cereal. What type of law...
The cashier breached the contract with the consumer, entitling the consumer to damages, and the manufacturer breached the contract with the cashier, entitling the cashier to damages. Ultimately, the consumer is compensated from the manufacturer's pocket, but it doesn't happen directly.
It can be distinguished from
Donoghue v Stevenson because, in that case, Mrs Donoghue was not the purchaser of the product and so was not privy to the contract between retailer and consumer, thereby preventing her from suing in contract law.
Originally posted by sugamama
Ok Q9 was
By what means does the Australian legal system attempt to resolve a dispute about collective human rights?
a. By lobby groups organising a peace march
b.By a referendum to change the Aus COnstitution so that Aus becomes a republic
c. By a law reform commission inviting public submissions on the dispute
d.By the courts applying domestic and international law
I originally thought C, but I now think D.
a) Clearly incorrect.
b) Whilst amending the Constitution might have been correct, I don't think becoming a republic has anything to do with it.
c) Inviting public submissions seems to be a nice way to "resolve a dispute" on human rights. But I don't think it's actually part of the legal system - more of an adjunct to it.
d) There are a number of cases which support this approach (e.g. Mabo, Tampa).