Metro Cleaners Ltd (Metro) Law Case Study - Jack, Jill, Metro, Jill’s Law Firm - Law Assignment Help

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Assignment Task

 

Facts:

Metro Cleaners Ltd (Metro) imports mobile clothes vacuum cleaners (MVC) from an overseas manufacturer. MVC are battery powered and used to remove dust and dirt particles by being brushed over a person’s clothes. To promote and sell MVCs, Metro has engaged Pushy Sales Ltd (Pushy) which specializes in selling to consumers as they walk through a shopping mall.

In December 2020, Jack Sprat was walking through a shopping mall when he was approached by a Pushy representative who offered to clean his outer garments using an MVC. Jack was then shown the dirt removed from his clothes and was very impressed. Indeed, Jack, who happens to be passionate about cleanliness, was so impressed that he agreed to purchase an MVC on the spot, paid the price of $150 and took it home.

Immediately upon arriving home Jack took the MVC out of its box and put it to work. However, he did so without first reading the Instructions For Use leaflet, enclosed within the box, which said amongst other things that the MVC should not be used for more than 30 minutes at a time. After using the MVC for 60 minutes it caught fire and because of Jack’s incompetence in responding to the fire, damage was caused to part of the home he shared with Jill and to Jill’s home office and equipment. Jill also suffered smoke inhalation. This required her to be hospitalized for week during which time she was unable to work as a result of which her law firm lost an important client whose work Jill was unable to handle.

It has since been determined that the wiring in the MVC was faulty and this may have resulted in users receiving a non-fatal electrical shock. However, it would not have caused the MVC to catch fire had it been used for no more than 30 minutes at a time.

Note/-Following these events, Metro settled a consumer guarantees claim brought against it arising out of these events. However, other ACL matters remain unresolved. Please advise Jack, Jill, Metro, Jill’s law firm and Pushy of their rights and liabilities (if any) in respect of those matters.

 


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