commercial law assignment in relation to the reformulated bonsoy soy milk product

In relation to the reformulated Bonsoy soy milk product sold in the period from
2004-2009, explain the basis of any liability in the tort of negligence prior to the
settlement that any manufacturer or distributor of Bonsoy might have had to its
Australian consumers. Leave aside the 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 would apply in your State. (15 marks)
2. Prior to the settlement did the Australian consumers you considered in question 1
have any rights under Part 3-5 of Australian Consumer Law (ACL) against any
manufacturer or distributor? If so on what grounds could they have brought such an
ACL action and what defences might a sued manufacturer or distributor put? Again
leave aside any question of the amount of damages. (10 marks

3. Discuss the role that the relevant caps on personal injuries damages might have
played in limiting the extent of any possible tort or ACL liability that you considered
in question 1 and in question 2. (10 marks)

Read less