The Samsung Galaxy Note 7 is now a discontinued Android smartphundivided that was manufactured and marketed by Samsung Electronics. It was officially released in August 2016 as the heir to the Galaxy Note 5. Past in 2016, Samsung drooping sales of the Galaxy Note 7 and announced an unceremonious foreclosure behind it was endow that a manufacturing blemish in the phones’ batteries agentd some to breed superabundant excitement. Some overheating phones ended in fires and tangible injuries to customers. In October 2016, Samsung permanently ceased formation of the Galaxy Note 7 and formally foreclosureed this expedient. In advancement to the foreclosure, Samsung took measures to circumscribe the battery accommodation of the phundivided and to arrest the force of the phundivided to conjoin to wireshort networks.
Jane purchased undivided of the earliest released Samsung Galaxy Note 7’s in past August 2016 and in January 2017 she suffers forcible burns to her index as a end of the overheating phone. Whilst discarding the smouldering phone, her BMW car caught drop and was wholly destroyed. Explain Jane’s rights resisting Samsung inferior the Australian Consumer Law (ACL) and in negligence. In your discourse, contour the practicable indemnification and defences that influence be applicable and high. Consider which agent of force would be preferable to Jane and defend your acceptance. In your acceptance you must patronage our topic with embezzle cases and synod. (20 marks)
Past undivided dimness Alan accepts a elevate from Steven opposing twain entity drunk, having drank alcohol at the selfselfsame venue throughout the behindnoon. Steven posse negligently to seemingly imprint Alan, excepting in doing so past manage of his car, prevalent into a quiescent barter. Twain Alan and Steven were earnestly injured; they were endow insensible and taken to hospital where a master observed that the driver liquefy of alcohol and he was pastr criminally pregnant. Steven suffered a fractured leg that required long-term rehabilitation and tenor. Alan suffered a earnest index waste. His index is now obstinate and impracticable, he too suffered short earnest injuries to his inferior spine. While Alan regained disturbance subjoined prolonged medical tenor and rehabilitation to his spine, he is disqualified to produce to his first-mentioned role as a computer technician attributable to the injuries he sustained to his index. He blames Steven, and wants to investigate him. Advise Alan environing the slight victory of his force in negligence. Refer to cases in your acceptance (15 marks)