In January 2020, Manoj bought an electric frying pan for $200 from Frying Appliances Pty Ltd, an electrical appliance store in Melbourne. The pan was manufactured by Great Pans Ltd. A manufacturer’s label attached to the pan promised that the pan was fully portable. On another label attached to the pan was a statement that provided: “all warranties, conditions, and guarantees are hereby excluded”. While particularly busy one day, 

Manoj left the pan on and went outside for some fresh air. During this time the pan caught fire due to an electrical manufacturing fault. There was a fire that destroyed his $1000 bed and all the expensive wallpaper in his room to the value of $3,000. Later tests revealed that the pan’s electrical fault was in fact triggered by defective internal electrical components that were designed for the non-portable version of the pan. Manoj has also suffered from inhalation of toxic fumes and was required to be hospitalized for two days. 

Manoj now wishes to take legal action against Great Pans Ltd for common law negligence. With the aid of case law, explain the three requirements that he will need to meet in order to establish the tort. What defenses would be considered for the intended defendant?

Answer rating: 100% (QA)

WHAT IS A TORT A tort is an act or omission other than a breach of contract which gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability In other words ... View the full answer