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Business Laws : Solved Assignment PDF

   

Added on  2021-06-15

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Running head: BUSINESS LAWSBusiness LawsName of the studentName of the universityAuthor note
Business Laws : Solved Assignment PDF_1

1BUSINESS LAWSCase introductionGenerally facilities are provided by the solicitors to the clients for the purpose of safe keepingand storing their wills. The decision of the court provided in the case of Hawkins v Clayton -[1988] HCA 15 attracted a considerable amount of attention. In this case it was held by the HighCourt through the ratio of 3:2 that the defendant firm who had the responsibility of safekeepingthe will of one of its clients was liable for the economic losses suffered by executor of theclients’ estate as there was a failure on the part of the firm to locate the executor for 6 years andmake him aware about the existence and content of the will. The decision provided by the courthad serious implications in relation to those solicitors who written the custody of wills providedby the clients. In addition the decision made by the court also was a considerable step withrespect to the development of the law of negligence in this area. The purpose of the paper is toidentify the facts of the case along with the issues and argument raised by the plaintiff and thedefendant and analyse the decision of the court in relation to its appropriateness. Facts of the caseThe defendants in this case what the solicitors who had prepared and retain the will of alongstanding client for safekeeping and execution. According to the will the plaintiff in this casewas the souled beneficiary and executor of the testatrix's estate. The form did not take any stepsin relation to contacting the plaintiff so that he could be informed about testatrix’s death and thefact that he was the main beneficiary and executive of the estate until 1981 march. Meanwhileour house which was the main asset of the estate had remained unoccupied for a significantperiod and had also fallen into despair. A grant of probate has been obtained by the plaintiff in1981 after changing solicitors and the estate had been duly administered. An action has been
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2BUSINESS LAWSbrought by the plaintiff in the year 1982 against the defendant solicitors in the areas of contractlaw and negligence so that he could recover the lost his which had been suffered because of thedelay caused by the defendant in identifying the plaintiff and subsequently taking possession ofthe estate as the executor by the plaintiff. The action had been dismissed by the Supreme Court.The plaintiff brought the action in the Supreme Court based on the fact that the defendant owed aduty of care to the plaintiff in personal capacity and there was a contract between the defendantand the plaintiff. The Supreme Court held that there was no duty of care owed by the defendantfirm to the executor and there was no contract between them as well. The defence provided bythe firm based on Limitations of Actions Act 1969 had not been considered by the court. TheAppeal of the plaintiff to the court of appeal had also been dismissed by the court. In this casethe plaintiff made a claim that the defendant owed him a duty of care in his representativecapacity. In this case it was held by the court that although the plaintiff had a good claim theclaim has been barred by the virtue of section 14 (1) of the LAA. Issues raised by the plaintiff and defendantThe primary issue which has been raised by the executor in this case before the court wasdivided into two segments. The first part of the claim raised an issue that defendant firm had aduty of care towards him not only in personal capacity but also in representative capacity. Thesecond part of the claim raised an issue that that defendant form had a contract with the plaintiffwhich had been breached by them. On the other hand it was argued by the defendant that they did not have any duty of care towardsthe plaintiff either in personal capacity on representative capacity. The defendant firm had alsomade an argument that they did not have any contractual obligation owed to the plaintiff in the
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