Assessment Information Subject Code: CLWM4000 Subject Name: Business & Corporations...

Question

Assessment Information
     Subject Code:
    CLWM4000
     Subject Name:
    Business & Corporations Law


Case Study
.
You are required to read the following case study and prepare a 1, XXXXXXXXXX%) word assignment following the IRAC structure.
Jack Smith the Real Estate Develope
Jack Smith is a real estate developer. He develops residential townhouses in the Dandenong local area. He purchases a large block of land for $2 million and plans to build 50 townhouses on the block at a considerable profit. But Dandenong Council denies his development application on the basis of a road widening proposal that will substantially reduce the size of the block of land. This road widening proposal reduces the value of the block of Jack Smith’s land to $1 million.
Jack Smith obtained a council certificate from Dandenong Council before he purchased the block of land. He reviews the information in the certificate. If the block of land had been subject to a road widening proposal then it should have been disclosed by Dandenong Council in the certificate. There is no such disclosure in the certificate. As Jack Smith didn’t bother to read the certificate before he purchased the land, he is relieved to find the council has made this
mistake. He secretly knows that if Dandenong Council had been careful and included the road widening disclosure in the certificate, he would not have seen it and gone ahead with the land purchase anyway.
Jack Smith now wants to sue Dandenong Council in negligence for economic loss. Dandenong Council claims that negligence only applies to physical actions, not written words, and is only applicable to physical damage to people or their property, not economic loss.
Advise Jack Smith
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Assessment Information

clwm4000assessment2casestudy-2-nig23hl5.docx

Sourav Kumar · Accepted Answer

Analysis using IRAC method:
Issue
Jack Smith is a real developer. Who develops the residential town houses in the Dandenong local area. He bought a land for amount of $2 million and he plans to build 50 town houses in the land he purchased with good amount of profit. But unfortunately Dandenong Council rejects his development application on the reason of road widening criteria on which Jack smith faces huge loss on behalf of his land value going down to $1 million. Jack Smith got a council certificate from Dandenong council before he purchased the land where nothing is mentioned regarding road widening concept.  If the block of the land subject’s road widening operation, then it should be mentioned earlier in the certificate. There is no such disclosure in the certificate. Anyways in the start Jack Smith did not read the certificate and he started his work and purchased the land. But now he found that council has made this mistake and plans to sue the council blaming negligence regarding the issue. But Dandenong council claims that negligence applies for physical actions, not written, words and is only applicable for the physical loss or the physical damage to the people or their property and it is not applicable for the economic loss.
Rule
· “Negligence is omission in doing something which a person who is reasonable would do, or doing something which is prudent and reasonable person will not do it”. 
· “Negligence is the failure to follow the reasonable care and the talent or the skill”.
The tort of the negligence is, in general the negligence, a person is only responsible or liable for harm that is foreseeable results or the consequences of their actions i.e., failure to the follow up on skill and care.
· Duty of care
· Standard of care
· Remoteness of damage
· Breach of damage
· Self Defense- The defendant in a place for tort can claim the defense in order to defend from the loss they might be facing.
· Economic loss is a financial damage which is being suffered as the result of the negligence act of the party on the other hand which is not going hand in hand by any physical loss or the physical damage to the person or the property. This is under the fatal accidents act 1976. For the negligence misstatements, the classic power for the recovery of the loss economically in the tort.

Assessment Information Subject Code: CLWM4000 Subject Name: Business & Corporations Law Case Study . You are required to read the following case study and prepare a 1, XXXXXXXXXX%) word assignment...

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