THIS IS A BLAW (BLAW 2000 COURSE) QUESTION BUT I CHOOSE ECONOMICS SINCE THERE'S NO OPTION FOR BLAW. PLEASE HELP ME OUT.

BLAW 2000 LAW FOR ENGINEERS

See instructions below under Your Tasks.

Romans Classic Workshop manufactures classic automotive engineering equipment and is a leading industry supplier in Australia and New Zealand. The Roman Wolfs Tooth (WT) high performance power steering conversion system is a very popular product that has been sold and supplied throughout the region for several years. The WT is a discreet power steering system suitable for classic cars that were fitted with manual steering when new and has more feel and accuracy than electric power steering systems that are also popular. The WTs popularity is based on its small pump and neat pipe work and fittings. It is also a compact design which makes it suitable for restricted spaces that are common in classic cars.

Rick has been an employed by Romans Classic Workshop as a production line quality controller since February 1999. His duties include the inspection of componentry prior to installation in finished products. One day a pallet with several power steering pumps was delivered to Romansfor inspection and authorisation for production. Rick had a very causal glance at one of the pumps (which appeared satisfactory) and signed off the production approval certificate but did not inspect the other pumps. Had he done so, Rick would have realised that some of the pumps were faulty because an important hydraulic fitting was machined incorrectly and would potentially be hazardous if fitted to a car as hydraulic fluid would leak almost immediately once operating. During early 2020, Romans combined these particular pumps along with other ancillary parts to a manufacture a batch of WTs and sold the complete units through online and face to face sales.

In March 2020, local resident and car enthusiast Cliff purchased a WT to install in his classic and very valuable 1980s Ferrari GTO. He has been busy modifying his car so he can enter it in the upcoming Targa West motorsport event and wanted easier steering that would allow him to be faster in tight sections of the course such as hairpin bends. He read the installation instructions that clearly stated, once installed, pump should be checked for any leakage of hydraulic fluid prior to driving on road or track. Cliff considered himself most proficient and fitted the WT to his car rather than engaging an accredited engineer to perform the installation. Sometime later when he test drove the car, Cliff suffered a power steering failure resulting in a serious collision with a bus shelter. He sustained nonlife-threatening injuries although his car was extensively damaged. The damage to his car was later estimated at $110000 as the Kevlar panels on the left side of his car were damaged and were not able to be repaired. In addition, Cliff has ongoing medical and rehabilitation expenses to pay for. He will also be unable to return to work as a Risk Management analyst in the Mining Sector for a considerable length of time. It was later discovered that Cliffs WT was one of the faulty units supplied by Romans.

Your task:

Question 2:

Using the 4-step process discuss whether there are any common law defences available to Romans Classic Workshop? Assume for the purposes of this question that they have been found liable to Cliff in the Tort of Negligence even if you did not find them responsible (15 marks).

Note: This question should be considered using the common law. There is no need to refer to Occupational Health and Safety legislation for example.