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Sam purchased high-heeled shoes from Snazzy Heels - VCE - SSCE Legal Studies - Question 7 - 2017 - Paper 1
Question 7
Sam purchased high-heeled shoes from Snazzy Heels. She was walking home from work and the heel on the left shoe broke. Sam fell backwards and suffered significant sp... show full transcript
Worked Solution & Example Answer:Sam purchased high-heeled shoes from Snazzy Heels - VCE - SSCE Legal Studies - Question 7 - 2017 - Paper 1
Step 1
Will there be a committal hearing in this case? Why or why not?
Answer
There will not be a committal hearing in this case because it is a civil matter, not a criminal one. Committal hearings are specifically for criminal cases where a magistrate determines if there is sufficient evidence for a trial.
Step 2
Step 3
What remedy is Sam seeking? Discuss its benefits and limitations in her case.
Answer
Sam is seeking damages, specifically over $1 million for past and future medical expenses, pain and suffering, and loss of income. The benefits of this remedy include financial compensation for her injuries, which can aid in her recovery and cover her expenses. However, limitations exist, such as the possibility that she may not be completely compensated for all her losses or that the awarded amount may not cover future losses.
Step 4
Which forum (a court or VCAT) should hear Sam’s case? Justify your answer.
Answer
Sam's case should be heard in a court rather than VCAT. Courts provide a more formal setting with the possibility of a jury trial and have the authority to award higher damages. Additionally, courts also offer more comprehensive legal precedents and protections for the involved parties.