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Jonas was electrocuted and suffered burns to his face and hands (“the injury”) whilst he was talking on a phone that was, at the same time, being charged with a non-compliant charger.  The charger did not have a safety mark on it.  The sole cause of the injury was an electrical malfunction that originated within the non-compliant charger.
ISSUE ONE
Referring to the above facts, could Jonas seek compensation for his injury under (a) contract law and/or (b) negligence law?  If so, who would Jonas sue?  A friend gave the charger to Jonas as the friend no longer needed it.
ISSUE TWO
Referring to the above facts, if the injury occurred whilst using a con-compliant charger that was supplied by an internet café, could Jonas bring an action against the owner of the café for negligence?  The particular café supplies chargers and allows customers to charge their devices free of charge.  This service is offered as a means of enticing more customers into the shop to use the profitable internet services.
ISSUE THREE
Still referring to the above facts, if the injury occurred whilst using a non-compliant charger that was purchased from an electrical supplies shop, could Jonas bring an action for negligent misrepresentation against the owner of the shop?  Before buying the charger, Jonas asked the sales representative (employee):
    “Is this charger compliant with Australian standards?”
To which the sale representative replied:
    “oh yes, it is definitely compliant and good value.”
The charger was not compliant and there was no basis for the sales representative to say that it was, particularly given the charger did not have a safety mark on it.  Jonas relied on this statement to purchase and use the charger.
 



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