Free Samples
CLWM400 Business & Corporations Law
.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}
CLWM400 Business & Corporations Law
0 Download6 Pages / 1,327 Words
Course Code: CLWM4000
University: Kaplan Business School
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: Australia
Questions:
1.Chloe is a naturopath practitioner whose business is steadily picking up. Recently she has been thinking of opening a meditation studio in the leafy suburb of Burnside. She found a perfect place but before signing the 2 year lease with the landlord, she went to the Burnside Council to check if there were any building works scheduled to happen close to her intended premises as she needed a quiet environment for her meditation practice.
She spoke to the person sitting in the front desk attending to general enquiries and told him about her business and that she wanted to check before signing the 2 year lease. The council officer checked on the computer to see if there were any planning approvals close to Chloe’s intended studio.
While doing this he was called away to attend to another matter. Upon returning to his desk, he has a cursory glance at the screen and said “it should be fine”. Chloe signed the 2 year lease. 6 months after opening her business, big heavy machineries arrived at the property next door. When Chloe asked the workmen what was happening, she was told that they were doing a major renovation next door including knocking down a few walls. The noise made it impossible for Chloe to continue her practice. With the on-going noise and the failure of her business Chloe is now suffering a nervous disorder. Had she known there was going to be building work next door she would not have leased the premises.
Chloe has moved out of the premises and stopped paying rent. She wants to get out of her contract with her landlord as she is now no longer able to continue her practice. The landlord is threatening to sue Chloe for breach of contract.
Chloe comes to you for advise. She wants to sue the Burnside Council. Will she be successful?
Answers:
Issue 1
Whether Chloe can be imposed with duty of care against Peter?
Law
The law of negligence is a tort law that imposes duty on the defendant to act so that no damage/loss is incurred to the plaintiff because of his acts (Donoghue v. Stevenson [1932]).
Negligent misstatements
A statement is considered to be negligently made when a statement is made by the defendant in good faith but without adequate care. The defendant is in a superior position than from the plaintiff because he possess with skill/knowledge upon which the plaintiff is relying. The defendant being aware of the fact that the plaintiff is relying on his sense of judgment made a statement carelessly. The plaintiff relied on the statement and suffers injury (Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964].
Duty of care – When any defendant is making statement to the plaintiff, then, he must be assure that the statement that is made does not impact the plaintiff negatively. But, to prove duty there must be presence of two elements;
That the defendant and plaintiff must be in a proximate relationship so that the statement made by the defendant will impact the plaintiff directly (Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (1997). Also, that the plaintiff is resemble foreseeable and is not remotely present (Mutual Life and Citizens Assurance Co Ltd v Evatt (1968).
Application
Chloe is thinking to open a mediation studio. Before signing a 2 year lease she wanted to make sure that there was any structure mechanism scheduled near her intended premises as she wants a silence environment. She thus visited the Burnside Council.
It is submitted that Chloe shares a special relationship with the attendant of the council. The council is aware of the actual position of whether there are chances of any building work or not and Chloe is not aware of the same. Chloe is relying on the information provided by the attendant before entering into any contract.
It is submitted that since the attendants and Chloe are sharing special relationship, thus, the attends owns a duty against Chloe.
Issue 2
Whether the duty is violated?
Law
Breach – It is necessary that the defendant must be aware that the plaintiff is relying on his sense of judgment and on the statements made by him before entering into any contractual relationship and the defendant has acted without adequate care resulting in breach. The duty is violated when the standard/level of precaution/care that is expected from the defendant is not met like a normal prudent man in the similar circumstances (Roads and Traffic Authority of NSW v Refrigerated Roadways Pty Limited [2009]
Application
The duty of care is not met by the attendant as when Chloe shared her concern with the attendant then the attendant checked the computer with superficial glance and submitted that there is no building work scheduled. So, the level of care that is expected from the attendant is not met.
Issue 3
Are there any damages caused because of breach of duty?
Law
Loss – The plaintiff must have suffered some kind of loss because of such reliance. The loss that is sustained by the plaintiff must be because of the misstatements made by the defendant (causation) and the loss so caused must not be remote in nature (remoteness) (Lindeman Ltd V Colvin [1946])
Special relationship – Once the duty is imposed which is breached by the defendant and loss is suffered, it is necessary to prove that both defendant and plaintiff share special relationship, that is: (Hocking 1999, p77)
That the defendant is at a superior position as he is having knowledge and skills;
That the plaintiff is not having the requisite knowledge and skill;
That the plaintiff is relying on the knowledge of the defendant;
That the advice/information that is provided by the defendant is an important matter of concern;
That the defendant is in the knowledge that the plaintiff is seeking his advice;
That the plaintiff has relied on the advice of the defendant.
In Shaddock& Associates Pty Ltd V Parramatta City Council [1981], the plaintiff intends to enter into some kind of property transaction and wants information regarding the road widening plan and thus relied on the advice of the defendant. The agent of the defendant submitted that the property is not covered under the road widening plan and thus he must go ahead with his contract. But, the plaintiff suffers injuries. It is sublimed that the agent and the plaintiff are in special relationship because the agent is aware that the plaintiff is relying on his advice before entering into contract and the advice furnished was made carelessly. Thus, the duty was held to be complying not in adequate manner making the agent negligent in his actions.
Further, San Sebastian Pty Ltd V Minister Adminstering The Enviromental Planning And Assessment Act (1986), when the parties are not sharing special relationship, then the defendant cannot be held liable for making any kind of negligent misstatement.
Application
Based on the advice, a 2 year lease signed is sign by Chloe. But, after 6 months a major construction work started. The noise has caused problem to Chloe to carry out his work. She suffered nervous disorder.
Thus, because of breach of duty of care loss is caused to the Chloe. However, the council is not liable for the nervous disorder of Chloe as the loss is too remote.
Issue 4
Whether Chloe can sue Burnside Council for his nervous disorder?
Law
When any act of negligence is caused then it is necessary that the acts of the defendant must have caused loss to the plaintiff. It is necessary that there is legal duty of care imposed upon the defendant who is not complying with by him resulting in loss to the plaintiff.
However, there are two elements to be proved:
Remoteness – that the loss should be such that is not unpredictable by the defendant. If the loss is such that no reasonable person could have anticipated that because of his acts some loss is cased to the plaintiff, then, the loss is too remote and the defendant cannot be held liable under the law of negligence and is rightly established in the leading case of South Australia Asset Management Corp v York Montague Ltd, [1997].
Causation – Also, it is necessary that the loss must be because of the acts of the defendant. If the loss is caused because of some other means then there is lack of causation and the defendant is not negligent.
Application
Because of the attendant Chloe has suffered losses and thus Chloe has moved out of the premises.
The loss that is caused to Chloe, mental disorder, is though caused by the acts of the council but the loss is too remote for the council to predict. So, there is remoteness in the loss that is caused to Chloe and council cannot be held liable for such losses.
Conclusion
Chloe can sue the council for negligence as the advice was made negligently. But, Chloe cannot sue for the loss of nervous disorder as the same is too remote.
References
Hocking, B. (1999). Liability for negligent words. Sydney: Federation Press.
ALEXANDER, D. (2010). Material Misstatement of What? A Comment on Smieliauskas et Abacus, 46(4). < https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1467-6281.2010.00327.x>.
Case law
Bank Line Ltd v Arthur Capel & Co [1919].
Donoghue v. Stevenson [1932]).
Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (1997) 188 CLR 241 (HCA);
Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465.
Mutual Life and Citizens Assurance Co Ltd v Evatt (1968) 122 CLR 566.
Roads and Traffic Authority of NSW v Refrigerated Roadways Pty Limited [2009]
Shaddock& Associates Pty Ltd V Parramatta City Council [1981] HCA 59.
South Australia Asset Management Corp v York Montague Ltd, [1997] 1 A.C. 191 HL
San Sebastian Pty Ltd V Minister Adminstering The Enviromental Planning And Assessment Act (1986).
Free Membership to World’s Largest Sample Bank
To View this & another 50000+ free samples. Please put
your valid email id.
Yes, alert me for offers and important updates
Submit
Download Sample Now
Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.
UploadUnique Document
DocumentUnder Evaluation
Get Moneyinto Your Wallet
Total 6 pages
PAY 4 USD TO DOWNLOAD
*The content must not be available online or in our existing Database to qualify as
unique.
Cite This Work
To export a reference to this article please select a referencing stye below:
APA
MLA
Harvard
OSCOLA
Vancouver
My Assignment Help. (2020). CLWM400 Business & Corporations Law. Retrieved from https://myassignmenthelp.com/free-samples/clwm4000-business-corporations-law/duty-of-care-against-Peter.html.
“CLWM400 Business & Corporations Law.” My Assignment Help, 2020, https://myassignmenthelp.com/free-samples/clwm4000-business-corporations-law/duty-of-care-against-Peter.html.
My Assignment Help (2020) CLWM400 Business & Corporations Law [Online]. Available from: https://myassignmenthelp.com/free-samples/clwm4000-business-corporations-law/duty-of-care-against-Peter.html[Accessed 19 December 2021].
My Assignment Help. ‘CLWM400 Business & Corporations Law’ (My Assignment Help, 2020)
My Assignment Help. CLWM400 Business & Corporations Law [Internet]. My Assignment Help. 2020 [cited 19 December 2021]. Available from: https://myassignmenthelp.com/free-samples/clwm4000-business-corporations-law/duty-of-care-against-Peter.html.
×
.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}
×
Thank you for your interest
The respective sample has been mail to your register email id
×
CONGRATS!
$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1
month.
Account created successfully!
We have sent login details on your registered email.
User:
Password:
At MyAssignmenthelp.com, we understand that when students get stuck with tough assignments, they look for affordable services. To assist students with complex assignments, we have built a team of skilled cheap essay writers. MyAssignmenthelp.com has become one stop solution for all students who often look for answers related to their search similar to do my essay at the cheap rate or who can write my essay at affordable prices. Students prefer hiring us as we have the best provisions to render services related to do my essay online at a reasonable rate.
Latest Business Law Samples
div#loaddata .card img {max-width: 100%;
}
BU1112 Business Law
Download :
0 | Pages :
6
Course Code: BU1112
University: James Cook University
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: Australia
Answer:
Part A
Issue:
Whether Stella is considered as an employee of PRX?
Rule:
The main difference between employee and independent contractor is stated below:
Employee entered into contract of service, but contractor entered into contract for services.
Employer exercise control over the employee but no control was exercised by employer on contractor. It is considered as traditional test which was developed in Zuijs v Wirth Bros(Zuijs…
Read
More
Tags:
Australia South Lake Management health finance management University of New South Wales
BSBWHS605 Develop Implement And Maintain WHS Management Systems
Download :
0 | Pages :
15
Course Code: BSBWHS605
University: Swinburne University Of Technology
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: Australia
Answers:
Work Health and Safety Management System (WHSMS) is a collection of plans, tools, activities and processes. List 3 of these plans, tools, activities or processes and explain what they are,
The means, nitty gritty beneath, can be utilized whether the arranging procedure is straightforward or complex. They are:
Evaluating the current word related to wellbeing and security status including the ‘administration framework’ Lussier, R. N…
Read
More
Tags:
Australia Brisbane Management Work Health and Safety Management System (WHSMS University of Brisbane MBA
BUSN331 Business Law
Download :
0 | Pages :
3
Course Code: BUSN331
University: Centennial College
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: Canada
Answers:
Introduction
In Alberta, the Residential Tenancies Act applies to all the people in this jurisdiction, who rent their space out (Alberta Queen’s Printer, 2016). Through this act, the rights and responsibilities of the landlords and tenants are brought forward (Landlord and Tenant, 2015).
Question 1
Before a tenant can move in the rented accommodation, the tenant and the landlord have to reach an agreement, with regards to the…
Read
More
Tags:
Australia Edmonton Humanities Management University of New South Wales Masters in Business Administration
LA1040 Contract Law
Download :
0 | Pages :
11
Course Code: LA1040
University: University Of London
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: United Kingdom
Answer:
Introduction
A contract is an agreement between the parties which is enforceable legally in the courts. There are several provisions of law which governs how the terms related to the contract would operate. A contract consists of a set of provisions which are known as contractual terms. The weightage of such terms are not equal as one term may have a more significant consequence as compared to the other in relation to their brea…
Read
More
Tags:
United Kingdom London Economics Management University of London
TLAW202 Corporations Law
Download :
0 | Pages :
9
Course Code: TLAW202
University: Top Education Institute
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: Australia
Answers:
1.
If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity. (Malbon & Bishop, 2006).
A company is of great significance as it is treated as a …
Read
More
Next