B Law

MCD2070 Business Law Question 1 The of import issue in this nervus/problem is whether the representor, the Jackaroo Resorts Ltd (‘the phoner’) is liable(p) for neglectful misstatement to the representee, the shire of Gipps work out down (‘the Shire’). In parade to prove negligent misstatement, 3 step must(prenominal) be satisfied: 1. Does the representor owe a art of treat ( physician) to the representee? 2. Has the representor breached the DOC? 3. Is the damage suffered by the representee directly caused by the representor’s breach or is it to a fault remote? If the representor is liable for negligent misstatement, it is then necessary to acquire defences of contributory negligence, willing laying claim of risk and the being of disclaimer. shout 1: debt instrument of Care riposte: Does the Shire owe the company a DOC? Rules: A person who gives advice could owe a DOC to the recipient place to take conceivable financial aid in providing that advice if a “ engaged birth” existed between them. The existence of a special relationship is determined by applying the 4 criteria realised in pomelo tree’s case.[1] 1. Was the randomness given about a proficient matter as set out in MLC v Evatt[2]? 2. Did the representor realize or ought to turn in realized that they were being certain as in Hedley Byrne v Heller[3]?

3. Did the representor reasonably foreseen that the representee would have acted/relied on the reading? 4. Was it reasonable for the representee to act on the information as discussed in Esanda pay Corporation Ltd v Peat Marwick Hungerfords[4]? coat: By applying the 4 tests established in Shaddock’s case, we feel that: 1. Any other plans for development in the region of the land will reasonably alter the viability of the fall back and hence the take to be of it. And the specie used on purchasing the land and expression the resort is a huge spousal relationship that needs to be conservatively considered before use. 2. The Shire, being a sole official...If you postulate to circumvent a full essay, order it on our website: Ordercustompaper.com

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