Question

Jane and Jia are two influential bloggers who are passionate about makeup. They saw an opportunity to make some money by selling beauty products. They decided to create their own line of lipstick – Rouge - and take full advantage of the online world to market Rouge on social media. Jane and Jia used their own monies and a loan Jane obtained from her friend, Mahit, to place an order for a small batch of lipstick with a famous cosmetics manufacturer ‘Neon Lipstick’. Mahit had no interest in makeup, but he was happy to help his friend, Jane, with her start-up business. Jane and Jia planned to recoup the monies they spent from the profits and then pay the balance to Mahit.

Clarissa, one of the customers who purchased Rouge, has developed an allergy. Her lips became severely swollen as a result of using the lipstick sold by Jane and Jia’s business. Clarissa visited her dermatologist on the same day, and the dermatologist advised her, upon inspecting the label of the lipstick, that one of the ingredients was a prohibited chemical in Australia and no other makeup brand uses it. 2) Discuss who of the business partners are liable for the damages suffered by Clarissa? Please make sure that you only assess the legal risks under tort of negligence. Also support your answer by citing relevant cases.

Answer 1

answer-

the partners who are responsible for the Clarissa's damage are Jane and Jia because they were the owner of the brand rouge and sold the lipstick to Clarissa. Under negligence tort, they were being negligent because they did not do proper research about the content of the lipstick purchased from Neon lipstick which cause damage to Clarissa which was not intentionally but damage was done under negligence tort.

Under this both partners have duty of care towards their customers to sell products which are legal and has not dangerous contents in them. They broke the duty of care and Clarissa suffer the damage.