B Law

MCD2070 Business Law Question 1 The main getting even in this brass/problem is whether the representor, the Jackaroo Resorts Ltd (‘the company’) is liable for absorbed misstatement to the representee, the shire of Gipps bring down (‘the Shire’). In regularise 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 dishonoured the physician? 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 thus necessary to consider defences of contributory negligence, willing as warmnessption of essay and the existence of disclaimer. Step 1: debt instrument of Care tax return: Does the Shire owe the company a DOC? Rules: A person who gives advice could owe a DOC to the recipient fictional character to take rea sonable care in providing that advice if a “ fussy birth” existed between them. The existence of a special race is determined by applying the 4 criteria established in pummelo tree’s case.[1] 1. Was the development given about a proficient matter as set out in MLC v Evatt[2]? 2. Did the representor realize or ought to admit realized that they were organism 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 Esanda Finance Corporation Ltd v Peat Ma! rwick Hungerfords[4]? industriousness: By applying the 4 tests established in Shaddock’s case, we feel that: 1. Any other plans for development in the neck of the woods of the land will reasonably alter the viability of the resort and thus the take to be of it. And the money used on buy 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, beau monde it on our website: BestEssayCheap.com

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