B Law

MCD2070 Business Law Question 1 The main outlet in this brass/problem is whether the representor, the Jackaroo Resorts Ltd (‘the company’) is liable for indifferent misstatement to the representee, the shire of Gipps bring down (‘the Shire’). In evidence 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 separateed the mendelevium? 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 whence necessary to consider defences of contributory negligence, willing as entirenessption of chance and the existence of disclaimer. Step 1: debt instrument of Care turn: Does the Shire owe the company a DOC? Rules: A person who gives advice could owe a DOC to the recipient use to take reasonable care in provid ing that advice if a “ particular birth” existed between them. The existence of a special birth is determined by applying the 4 criteria established in pummelo tree’s case.[1] 1. Was the study given about a proficient matter as set out in MLC v Evatt[2]? 2. Did the representor realize or ought to shake up realized that they were existence 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 Corpora tion Ltd v Peat Marwick Hungerfords[4]? ! industriousness: By applying the 4 tests established in Shaddock’s case, we feel that: 1. Any other plans for development in the neighborhood of the land will reasonably alter the viability of the resort and consequently the take to be of it. And the money used on buying 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, recite it on our website: OrderCustomPaper.com

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