Advice To Manufacturer MacTools Ltd

Advice To Manufacturer MacTools Ltd

Free Samples

Advice To Manufacturer MacTools Ltd

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

Advice To Manufacturer MacTools Ltd

0 Download5 Pages / 1,113 Words

Discuss about the Advice to Manufacturer MacTools Ltd.

The aim is to offer an advice to manufacturer MacTools Ltd about the presence of any liability on the part of MacTools Ltd incurred when their drill machine results in explosion and the following losses are reported.

Aurora losses an eye
Jessie’ glass vase (worth $1000) is shattered

In order to establish tort of negligence, there are three conditions that are required to be fulfilled namely the presence of duty to care, breach of duty and damage being caused due to the breach (Edlin, 2007). For any manufacturer, a duty to care arises towards the customers on account of the latter being the neighbour in accordance with the discussion in the Donoghue vs Stevenson 1932 AC 522 case. The manufacturers on account of selling defective goods or having faults can potentially cause damage to the customers and hence the manufacturers would be expected to exhibit due care to prevent any damage to user or consumer (Davenport & Parker, 2014).
It is imperative for a tort of negligence claim that the manufacturer should breach the duty to care by acting in a manner which is not befitting a reasonable person as highlighted in the verdict of the Bolton v Stone [1951] AC 850. The standard of care tends to depend on a host of circumstances which includes the likelihood of being harmed, nature of the injury, underlying utility of the action which leads to the risk along with the burden on the defendant while observing the precautions (Gibson & Fraser, 2014).
On account of breach of duty, damage need to be suffered by the plaintiff which is recognised in a broad manner. However, a causal link is to be established between the breach of duty and damage for claiming compensation from defendant. This can be done by proving that had the defendant not breached the duty, then the damage could have been prevented. If the damage was not preventable even after observing the duty to care, then the compensation cannot be claimed by the plaintiff. Further, only foreseeable damages are covered within the purview of tort of negligence (Lindgren, 2011). In this regards, the egg shell rule is imperative which limits the liability of the defendant or action doer to initial injury caused as indicated in Nader v Urban Transit Authority of NSW (1985) 2 NSWLR 501 case. Also, when the plaintiff does not act in a manner which includes reasonable measures to ensure safety of self thus leading to harm, then contributory negligence can be used as defence for the defendant to limit the tort liability as indicated in Maureen Townsend v Phillip O’Donnell [2016] NSWCA 288 (Harvey, 2009).
Case facts

Mulan has acquired a new power drill machine from MacTools Ltd.
Mulan has extended the drill machine along with requisite instruction set to his neighbor Aurora.
Aurora did not read the safety instruction and also did not use the protective use.
She used the power drill machine for ten minutes.
When she was using the machine, same time it caused explosion due to which two main incidences occurred.
Aurora losses an eye
Due to this explosion, the electric power supply was also affected and power got off.
At that moment only, the glass worker, Jessie was making a glass vase which had a value of $1000 got shattered.
The manufacturer company – MacTools Ltd was aware about the fact that there is a 1% possibility that when the power drill is used for more than five minutes then it can result in short circuit or explosion.
They did not share this information with the customers because recall of this drill from customers would cause a cost of $500,000 to MacTools Ltd.

Based on the above case facts, it is apparent that manufacturer MacTools Ltd has duty to care for their customers/consumer on the account of the purchasing manufactured products.  In this case, the customer Mulan has purchased the product from MacTools Ltd and provided it to Aurora. Hence, the duty to care of the manufacturer has also extended to Aurora. In this regards, it is the core responsibility of the company to tell about the safety measures and the maximum time of drilling to the customers in order to prevent any harmful incident. However, the company does not provide the essential information to customer Mulan and thus, Mulan does not extent any safety information to Aurora. Therefore, it can be concluded that this would result in breach of duty to care on the part of manufacturer and not on the part of Mulan.
Further, Aurora did not use the goggles before using the drill machine which is her negligence as the instructions clearly mentioned the same. Moreover, due to this breach of duty to care and her negligence, Aurora got injured and lost one eye. Further, due to this the power cut is incurred and due to this Jessie’s glass vase got break. It is apparent that this damage is incurred due to the breach of duty to care on the part of MacTools Ltd. The loss of her eye could have been prevented if she used protective goggles and therefore, the compensation amount in the claim made on behalf of Aurora would be reduced by the honorable court after analyzing the portion of contributory negligence by the plaintiff Aurora. Further, Jessie is not liable to make any claim against the manufacturers in the accordance of egg shell test. It is because only the initial injury has been taken into account and hence, the financial injury (loss of vase) would not result in any accountability on the part of MacTools Ltd.
From the above discussion, it can be concluded that MacTools Ltd is liable to pay the compensation to Aurora on the account of loss incurred due to explosion of drill. However, the amount would be decided by analyzing the contributory negligence of Aurora. Also, Jessie is not liable to make claim because loss of vase is not an initial injury under egg shell test.
Davenport, S. & Parker, D. (2014). Business Law in Australia (2nd ed.). Sydney: LexisNexis Publications.
Edlin, D. (2007). Common law theory (4th ed.). Cambridge: University Press Cambridge.
Gibson, A. & Fraser, D. (2014). Business Law (8th ed.).  Sydney: Pearson Publications.
Harvey, C. (2009). Foundations of Australian law (2nd ed.).  Prahran, Vic.: Tilde University Press.
Lindgren, KE. (2011). Vermeesch and Lindgren’s Business Law of Australia (12th ed.). Sydney: LexisNexis Publications.
Case Laws:
Bolton v Stone [1951] AC 850
Donoghue vs Stevenson 1932 AC 522
Maureen Townsend v Phillip O’Donnell [2016] NSWCA 288
Nader v Urban Transit Authority of NSW (1985) 2 NSWLR 501  

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.


Yes, alert me for offers and important updates


Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 5 pages


*The content must not be available online or in our existing Database to qualify as

Cite This Work
To export a reference to this article please select a referencing stye below:


My Assignment Help. (2018). Advice To Manufacturer MacTools Ltd. Retrieved from

“Advice To Manufacturer MacTools Ltd.” My Assignment Help, 2018,

My Assignment Help (2018) Advice To Manufacturer MacTools Ltd [Online]. Available from:[Accessed 19 December 2021].

My Assignment Help. ‘Advice To Manufacturer MacTools Ltd’ (My Assignment Help, 2018) accessed 19 December 2021.

My Assignment Help. Advice To Manufacturer MacTools Ltd [Internet]. My Assignment Help. 2018 [cited 19 December 2021]. Available from:

.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}


Thank you for your interest
The respective sample has been mail to your register email id


$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1

Account created successfully!
We have sent login details on your registered email.


Password: has become one of the leading assignment help provider in New York City and Boston. We provide top class auditing assignment help. Not only auditing, but we also cover more than 100 subjects and our writers deal with all types of assignments with utmost expertise. To make writing process faster and accurate, we have segmented our assignment experts’ teams as per their expertise on writing different types of assignments. We guaranteed that students who buy our assignment online get solutions worth their investment.

Latest Business Law Samples

div#loaddata .card img {max-width: 100%;

BU1112 Business Law
Download :
0 | Pages :

Course Code: BU1112
University: James Cook University is not sponsored or endorsed by this college or university

Country: Australia

Part A
Whether Stella is considered as an employee of PRX?
The main difference between employee and independent contractor is stated below:
Employee entered into contract of service, but contractor entered into contract for services.
Employer exercise control over the employee but no control was exercised by employer on contractor. It is considered as traditional test which was developed in Zuijs v Wirth Bros(Zuijs…
Australia South Lake Management health finance management  University of New South Wales 

BSBWHS605 Develop Implement And Maintain WHS Management Systems
Download :
0 | Pages :

Course Code: BSBWHS605
University: Swinburne University Of Technology is not sponsored or endorsed by this college or university

Country: Australia

Work Health and Safety Management System (WHSMS) is a collection of plans, tools, activities and processes. List 3 of these plans, tools, activities or processes and explain what they are,
The means, nitty gritty beneath, can be utilized whether the arranging procedure is straightforward or complex. They are:
Evaluating the current word related to wellbeing and security status including the ‘administration framework’ Lussier, R. N…
Australia Brisbane Management Work Health and Safety Management System (WHSMS University of Brisbane MBA 

BUSN331 Business Law
Download :
0 | Pages :

Course Code: BUSN331
University: Centennial College is not sponsored or endorsed by this college or university

Country: Canada

In Alberta, the Residential Tenancies Act applies to all the people in this jurisdiction, who rent their space out (Alberta Queen’s Printer, 2016). Through this act, the rights and responsibilities of the landlords and tenants are brought forward (Landlord and Tenant, 2015).
Question 1
Before a tenant can move in the rented accommodation, the tenant and the landlord have to reach an agreement, with regards to the…
Australia Edmonton Humanities Management University of New South Wales Masters in Business Administration 

LA1040 Contract Law
Download :
0 | Pages :

Course Code: LA1040
University: University Of London is not sponsored or endorsed by this college or university

Country: United Kingdom

A contract is an agreement between the parties which is enforceable legally in the courts. There are several provisions of law which governs how the terms related to the contract would operate. A contract consists of a set of provisions which are known as contractual terms. The weightage of such terms are not equal as one term may have a more significant consequence as compared to the other in relation to their brea…
United Kingdom London Economics Management University of London 

TLAW202 Corporations Law
Download :
0 | Pages :

Course Code: TLAW202
University: Top Education Institute is not sponsored or endorsed by this college or university

Country: Australia

If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity.  (Malbon & Bishop, 2006).
A company is of great significance as it is treated as a …


Our Essay Writing Service Features

Qualified Writers
Looming deadline? Get your paper done in 6 hours or less. Message via chat and we'll get onto it.
We care about the privacy of our clients and will never share your personal information with any third parties or persons.
Free Turnitin Report
A plagiarism report from Turnitin can be attached to your order to ensure your paper's originality.
Safe Payments
The further the deadline or the more pages you order, the lower the price! Affordability is in our DNA.
No Hidden Charges
We offer the lowest prices per page in the industry, with an average of $7 per page
24/7/365 Support
You can contact us any time of day and night with any questions; we'll always be happy to help you out.
$15.99 Plagiarism report
$15.99 Plagiarism report
$15.99 Plagiarism report
$15.99 Plagiarism report
$3.99 Outline
$21.99 Unlimited Revisions
Get all these features for $65.77 FREE
Do My Paper

Frequently Asked Questions About Our Essay Writing Service

Academic Paper Writing Service

Our essay writers will gladly help you with:

Business Plan
Presentation or Speech
Admission Essay
Case Study
Reflective Writing
Annotated Bibliography
Creative Writing
Term Paper
Article Review
Critical Thinking / Review
Research Paper
Thesis / Dissertation
Book / Movie Review
Book Reviews
Literature Review
Research Proposal
Editing and proofreading
Find Your Writer

Latest Feedback From Our Customers

Customer ID:  # 678224
Research Paper
Highly knowledgeable expert, reasonable price. Great at explaining hard concerts!
Writer: Raymond B.
Customer ID: # 619634
Essay (any type)
Helped me with bear and bull markets right before my exam! Fast teacher. Would work with Grace again.
Writer: Lilian G.
Customer ID: # 519731
Research Paper
If you are scanning reviews trying to find a great tutoring service, then scan no more. This service elite!
Writer: Grace P.
Customer ID: #499222
Essay (any type)
This writer is great, finished very fast and the essay was perfect. Writer goes out of her way to meet your assignment needs!
Writer: Amanda B.
Place an Order

Calculate the price of your order

You will get a personal manager and a discount.
We'll send you the first draft for approval by at
Total price:

Powered by

× WhatsApp Us