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Commercial law - Sample Assignment

   

Added on  2021-05-31

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Commercial Law
Commercial law - Sample Assignment_1
P a g e | 11.IssueDid Wollongong Council have a duty of care against Peter?RuleIn order to protect people, property and monetary interest, the tort of negligence held theparty responsible for breaching its duty of case by not taking reasonable care. It is necessarythat the breaching party must have a duty of care. Negligence is established in case of breachof such duty which causes physical or financial loss to another party. A person gets sick afterdrinking from a bottle in which remains of a snail were present in Donoghue v Stevenson(1932) AC 562. The court provided in its judgement that businesses have a duty to care toensure the safety of customers hence the defendant is liable for negligence. This caseestablished the ‘neighbour test’ which provides that a duty exists if a relationship ofproximity and reasonable risk of harm exist (Stephenson, 2012). ApplicationBefore making purchasing decisions, people read the certificate of Wollongong Council toknow about future projects, therefore, Wollongong Council has a duty of care for ensuringthat it provides complete information to parties. A relationship of proximity exit betweenpeople and Wollongong Council and its negligence could cause harm to such parties.ConclusionThus, Wollongong Council owes a duty of care to Peter.
Commercial law - Sample Assignment_2
P a g e | 22.IssueWas the duty breached by Wollongong Council due to non-fulfilment of the standard of care?RuleThe parties that owe a duty of care have to ensure that standards of care are taken by them toavoid any injury to third parties. The court uses an objective test for determining a breach ofduty as given in Vaughan v Menlove (1837) 3 Bing. N.C. 467. The court provided thatcomplete reliance on best judgement is not enough and the breach should be judged by thestandard of a reasonable person (Keating, 2016).ApplicationIt is reasonable to think that people could face serious financial injuries if WollongongCouncil did not provide full information or misstate any fact in its certificate. From theperspective of a reasonable person, the council should have included the information aboutthe major future project in the certificate.ConclusionThus, the duty was breached by Wollongong Council due to not taking reasonable care.
Commercial law - Sample Assignment_3

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