Is The Tort Means A Public Wrong - 1977 Words

Tort means a public wrong. If a person harms a public interest it is call tort. In this particular scenario, Theo-Paul can sue Barack for tort. Although this does seem like a matter of contract act too yet studying here, it is to be considered under Consumer Law 2010. Barack purchased a tool that is known to be risky if it is not fit for use. He should have purchased it from a reliable source with warranty to ensure that the ladder is of good quality and holds a warranty in case of anything goes wrong. But Joe was not a reliable source; in fact Barack had never met him before. It was the first time that Barack saw him passing by an purchased the ladders from him without even taking into consideration there quality of the ladders and taking†¦show more content†¦Only if Barack would have taken precautionary measures, he could have avoided half of this penalty, plus he could sue the party he had purchased the ladders from and recovered his losses. His negligence was not only a disaster for Theo-Paul but also for himself. Barack is liable for paying damages to Theo-Paul under the clauses of breach of duty (as he did not perform his duty of getting his stock from a reliable source) and duty of care (as he did not examine the ladders and determine if they were fit to use or not). The sections/clauses applicable in this case are 86AA, 87U, 87V, 87Y, 87Z, 87ZA and 87ZC. Answer 2: Case study with respect to ACL part 3-5: The ACL states the statutory regulations for dealing with claims for economic loss, damage, or loss due to supply of unsafe goods. A liability action can be brought against a manufacturer where: †¢ loss or damage was suffered as a result of injuries sustained because of defective goods; †¢ loss or damage was suffered as a result of another individual sustaining injury because of defective goods; †¢ loss or damage was suffered as a result of another good being destroyed or damaged because of defective goods; and/or †¢ Loss or damage was suffered as a result of land, a building or a fixture being destroyed or damaged because of defective goods. For the purposes of bringing a liability action