2. ASSIGNMENT QUESTION
It all began at a small bridal shower at Margaret River when Max brought some wine from Woodstown Wines Pty Ltd. Had he known the wine he purchased had plastic corks, he would not have bought that brand! Usually, after removing the wire cage, a firm twist is all that is needed to start easing the stopper out. That day was different. Max twisted, pushed up with his thumbs, twisted with all his strength and the stopper did not budge. There were no instructions or warnings on the bottle. Anna, the chief bridesmaid advised that usually all local manufacturers provide instructions on the bottle for the consumers who are unfamiliar with the type of wine and the removal of its cap. Max spent almost ten minutes giving it his best shot. Being unfamiliar with the plastic stopper, he turned the bottle up to see why the stopper did not come out. All of a sudden, the stopper discharged from the bottle into his eye and injured him.
What does Max need to establish in order to succeed in an action of negligence against Woodstown Wines Pty Ltd? Your response should consider and apply all the essential elements in proving a case in negligence, the remedies applicable if successful, and any defences that might be available to the defendant. You should consider the relevant legal rules, principles, tests, guidelines and propositions applicable under the common law and do not consider any matters beyond the law of negligence. Give full reasons for your answer and cite relevant case authorities wherever possible.