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Question 2 Buck Spumante might have claims against the Australian manufacturers of the Waist Waster and Myways supermarkets in this matter under these possible actions A Possible claims against Australian manufacturers of the Waist Waster 1 Negligence To identify whether Australian manufacturers of the Waist Waster is liable for the tort of negligence we have to establish the following a Duty of care To prove that the duty of care exist following tests need to be established to prove that a duty of care is owed base on cases such as Gonoghue v Stevenson 1932 AC 562 1Reasonable Foreseeability A reasonable person in the position of Australian manufacturers of the Waist Waster would have foreseen that overuse of such an electric device could cause an explosion If yes then the damage that Buck suffers is reasonably foreseeable 2NeighbourhoodProximity Neighbour is the person who is so closely and directly affect by the act of another person An individual must take reasonable care to avoid acts or omissions which can be reasonably foreseen to injure their neighbour In this case the possibility that causal proximity exists where harm and damage would be sustained resulting from the fact that Australian manufacturers of the Waist Waster didnt warn Buck properly about the possibility of explosion upon overuse of the product or actually provide the goods thats safe even if its overused auto-termination alarm and etc b Labeling Using the rule in Norton Australia Pty Ltd v Street Ice Cream Pty Ltd 1969 120 CLR 635 it is necessary to take reasonable steps to bring dangers that they ought to have known to the attention of the likely users The fact is that the good has no any particular warning about explosion upon overusing or any warning relate to its safety issues The question here is whether the manufacturer known the possible danger of overuse and
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