Question $1(15$ marks$)$

Frank is a handyman who was asked to install a combined electric ceiling fan and

light in the bathroom of a rental property in Armidale, NSW$.$ Frank is not a

qualified builder or electrician and has little experience in electrical work.

Frank visited his local Super Hardware store $($Super$)$ to purchase the equipment

and materials needed for the job.

At Super, Frank saw a DIY $($Do It Yourself$)$ instruction booklet produced by Super

which stated that ceiling fans need to be installed by an electrician.

Frank approached Jack, an employee of Super, who wore a badge that said

$$Super Expert Advisor$$ to ask his opinion about the need for an electrician to install

the ceiling fan$/$light$.$

Jack replied: "Well, this kind of thing is not difficult to install. Do you have any

experience with electrics? Its just a matter of connecting the wiring to an existing

light fitting with an extra wire to the new switch. Other customers have told me it is

not complicated to do$.$ Some have done it themselves.$$

Frank went ahead and installed the ceiling$/$fan light in the rental premises.

When the tenants returned to the premises, they turned on the ceiling fan$/$light$.$

After a few minutes, the electrics shorted out and caused a fire which spread

rapidly through the ceiling of the premises.

The entire property was damaged, including furniture. The quoted cost to repair

and paint the premises and to replace furniture was $$60,000.$

ANSWER the following questions:

a$)$ Does Frank have a case against Jack and$/$or Super Hardware in negligence? If

so$,$ explain why. If not, explain why not.

b$)$ Who bears the costs $($i$.$e$.$ who can be sued$)?$ Is anyone entitled to claim

damages? If yes, how much are they entitled to claim, and state why? If not, state

why.

c$)$ What difference would it have made if Jack had said instead: $$Look$,$ I am a

retired school teacher. It is possible to fit a ceiling fan$/$light if you know what you

are doing. But, if it was me$,$ I would get advice from a qualified electrician before

you attempt to do it yourself.$$