Task
Read: Paul Latimer, Australian Business Law (a 2012-2015 edition).
Watch the ABC Catalyst segment ‘Energy Drinks' available (with transcript) at: https://www.abc.net.au/catalyst/stories/3826162.htm
Questions
1. In relation to the energy drinks that were described in the segment, explain the basis of any liability in the tort of negligence that the manufacturers of those drinks might have to Australian consumers. Leave aside any question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that apply in your State. You should assume that the energy drinks were manufactured and packaged in Australia.
2. Can the Australian consumers of the energy drinks you considered in question 1 bring any Australian Consumer Law (ACL) cause of action under Part 3-5 against the manufacturers of those drinks? If so on what grounds could they bring such an ACL action and what defences might the manufacturers put? Again leave aside any question of the amount of damages. Also, you should again assume that the energy drinks were manufactured and packaged in Australia.