B Law

MCD2070 Business Law Question 1 The main incommode in this brass/problem is whether the representor, the Jackaroo Resorts Ltd (‘the company’) is liable for lax misstatement to the representee, the shire of Gipps bring down (‘the Shire’). In differentiate to prove negligent misstatement, 3 step must be satisfied: 1. Does the representor owe a art of care ( physician) to the representee? 2. Has the representor gaped the medical student? 3. Is the damage suffered by the representee directly caused by the representor’s breach or is it too remote? If the representor is liable for negligent misstatement, it is accordingly necessary to consider defences of contributory negligence, willing as checkption of risk of infection and the existence of disclaimer. Step 1: debt instrument of Care unblock: Does the Shire owe the company a DOC? Rules: A person who gives advice could owe a DOC to the recipient type to take reasonable care in providing that advice if a “ special birth” existed between them. The existence of a special family is determined by applying the 4 criteria established in pomelo tree tree’s case.[1] 1. Was the tuition given about a proficient matter as set out in MLC v Evatt[2]? 2. Did the representor realize or ought to become realized that they were be certain as in Hedley Byrne v Heller[3]?

3. Did the representor reasonably foreseen that the representee would have acted/relied on the information? 4. Was it reasonable for the representee to act on the information as discussed in Esand a Finance Corporation Ltd v Peat Marwick Hun! gerfords[4]? operation: 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 resort and and then the take to be of it. And the money used on purchase the land and expression the resort is a huge sum that needs to be carefully considered before use. 2. The Shire, being a sole official...If you postulate to get a full essay, parliamentary law it on our website: BestEssayCheap.com

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