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 …
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showed last 75 words of 1616 total
…New Ferry Co v Robertson that based on pat dealings with Buck, it has made the exclusion clause valid. And also under the rules of Parker v South Eastern Railway that the exclusion clause is of reasonable notice which made it valid. If any of the above two rules can be proved and justified then the exclusion clause will be valid and Buck will not be able to claim losses under negligence of Myways Supermarket.