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Business Law Assignment Sample (docs)

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Added on  2021-06-14

Business Law Assignment Sample (docs)

   Added on 2021-06-14

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Business Law Assignment Sample (docs)_1
IssueThe issues in this case is whether Wollongong Council owes a duty of care to Peter andwhether such duty was breached which resulted in causing damages to Peter or are thedamages too remote? Can the defence of contributory negligence or/and voluntaryassumption of risk use by Wollongong Council and whether Peter can sue for economic loss?RuleThe tort of negligence held a person liable for breaching his/her duty of care due to which aperson or organisation suffered a loss. The duty of care is the key part based on which thecourt held a person or organisation liable for negligence and such non-fulfilment of such dutymust result in causing damages to another party as given in Donoghue v Stevenson [1932] AC562 (Barker et al., 2012). The court uses ‘Caparo test’ for evaluating a person’s duty whichwas given in Caparo Industries PLC v Dickman [1990] 2 AC 605 case. The test determinesduty based on three factors: reasonable foreseeability, proximity relationship and reasonablereason to impose the duty. In Lindeman Ltd v Colvin [1946] HCA 35 case, the court providedthat there must be a causal connection between damages suffered by the party and breach ofthe duty of care (Hodgson, 2013). In case the aggrieved party failed to take appropriate steps for avoiding the damages, thedefence of contributory negligence can be implied. In Liftronic Pty Ltd v Unver [2001] HCA24 case, it was held by the court that the contribution must help in causing the damages to theparty based on such contribution the amount of penalty reduced by the court. The defence ofvoluntary assumption of risk provides that a party cannot demand damages if he/she agreed toaccept the risk. There are three elements of this defence: voluntary, agreement and fullknowledge of extent and nature of the risk. In Nettleship v Weston [1971] 3 WLR 370 case,the court held that the agreement to accept the risk could be expressed or implied. In order todemand economic loss occurs due to negligence, it is necessary that elements of Caparo testmust be fulfilled (Greene, 2013).ApplicationPeople make purchasing decisions based on the certificate of Wollongong Council, therefore,it has a duty of care, and it has breached such duty by not disclosing full information in the
Business Law Assignment Sample (docs)_2

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