Page 1 XXXXXXXXXXKaplan Business School Assessment Outline Assessment 2...

Question

Page 1 XXXXXXXXXXKaplan Business School Assessment Outline

Assessment 2 Information
Subject Code: BUS107
Subject Name: Commercial Law
Assessment Title: Assignment
Assessment Type: Assignment
Choose an item.: 1,200 Words (+/-10%)
Weighting: 40 %
Total Marks: 40
Submission: Via Turnitin
Due Date: Week 10
.
Assessment Description

• There will be a webinar to assist you with preparing this assignment. Watch out for the
webinar time and date details to be posted in the Subject Announcements.
• This assignment covers the Law of Torts (Week 5).

• You will need to identify the issues in the question, cite the relevant rules applicable to the issues,
explain the application of the rules to the facts/situation in the problem and draw a conclusion as to
the best advice for the person/s you are providing advice (IRAC).
Assessment Problem Based Question

Peter is a real estate developer. He develops residential apartment complexes in the Wollongong local
area. He purchases a large block of land for $2 million and plans to build a large apartment complex on
the block at a considerable profit. But Wollongong Council denies his development application on the
asis of a road widening proposal that will substantially reduce the size of the block. This road widening
proposal reduces the value of the block of Peter’s land to $1 million.
Peter reads the council certificate he obtained from Wollongong Council. If the block of land had been
subject to a road widening proposal then it should have been disclosed by Wollongong Council in the
certificate. There is no such disclosure in the certificate. As Peter didn’t bother to read the certificate
efore he purchased the land, he is relieved to find the council has made this mistake. He secretly knows
that if Wollongong 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.
Peter now wants to sue Wollongong Council in negligence for economic loss. Wollongong 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 Peter.
Page 2 XXXXXXXXXXKaplan Business School Assessment Outline

Important Study Information

Academic Integrity Policy

KBS values academic integrity. All students must understand the meaning and consequences
of cheating, plagiarism and other academic offences under the Academic Integrity and Conduct
Policy.

What is academic integrity and misconduct?
What are the penalties for academic misconduct?
What are the late penalties?
How can I appeal my grade?

Click here for answers to these questions:
http:
www.kbs.edu.au/cu
ent-students/student-policies/.

Word Limits for Written Assessments

Submissions that exceed the word limit by more than 10% will cease to be marked from the point
at which that limit is exceeded.

Study Assistance

Students may seek study assistance from their local Academic Learning Advisor or refer to the
esources on the MyKBS Academic Success Centre page. Click here for this information.
http:
www.kbs.edu.au/cu
ent-students/student-policies
https:
elearning.kbs.edu.au/course/view.php?id=1481

bus107t22019assessment2outline-lfod2svo.pdf

Moumita · Accepted Answer

COMMERCIAL LAW
Table of Contents
Introduction of the case study	3
1. Does the council of Wollongong have a concern with Peter a duty of care?	3
2. Did the council of Wollongong break their duty of care by failing to mitigate the standard of care	4
3. Were Peter witnessed of huge loss due to the action of Wollongong and are those of losses not too remote?	4
4. Can the council of Wollongong potentially belief on the defence of contributory negligence?	5
5. Can the council of Wollongong potentially faith on the defence of voluntary assumption of risk?	6
6. Can the council of Wollongong accuse by Peter for his financial loss due to its negligence?	7
Conclusion	7
References	9
Introduction of the case study 
Peter is associated with the business of building construction and going to start up a residential complex in the Wollongong. For this purpose, he invested about 2 million dollars and buy a huge plot of land within a large area that he can obtain a maximum level of profit. However, the council of Wollongong did not consider his business proposal as the broad road could be the cause of decreasing block size. Similarly, it can reduce the cast value of plot by 1 million. In this context, Peter desired to sue the council of Wollongong, as they do not mention these terms and conditions in the certificate. However, Peter did not observe the certificate with attention before he purchased the land and he not pays any awareness about the condition that listed in the certificate. Anyhow, he has missed the point and he purchases the land.
1. Does the council of Wollongong have a concern with Peter a duty of care?
Issue
Peter purchased plot of land at the Wollongong to construct residential complex. However, he has to suffer 1 million dollar loss due to action of the council of Wollongong.
Rule
As opined by Cassel (2016), the duty of care is nothing but a legal obligation that ensures the individual safety. It protects the individual from any harm, injuries or risk factors.
Application 
 In the context of this case study, Peter considered as the neighbour of Wollongong council. As stated by Fulbrook (2017), however, it is the fundamental duty of the council to concern with Peter about the duty of care according to the commercial law. 
Conclusion 
Thus, council of Wollongong tried to ensure the wellbeing of its neighbour and concern with Peter about the duty of care.  
2. Did the council of Wollongong break their duty of care by failing to mitigate the standard of care
Issue
After observing the case study, the fact found that the council has cancelled the business proposal of Peter and that causes the value reduction of 1 million dollars for the land that he bought by 2 million dollars to construct the residential complex in the area.

Page 1 XXXXXXXXXXKaplan Business School Assessment Outline Assessment 2 Information Subject Code: BUS107 Subject Name: Commercial Law Assessment Title: Assignment Assessment Type: Assignment Choose an...

Solution

Answer To This Question Is Available To Download

Related Questions & Answers

Submit New Assignment