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Commercial law : Sample Assignment

   

Added on  2021-06-17

10 Pages2003 Words23 Views
Commercial Law

ContentsCase..................................................................................................................................................3IRAC 1.............................................................................................................................................3IRAC 2.............................................................................................................................................4IRAC 3.............................................................................................................................................6IRAC 4.............................................................................................................................................7IRAC 5.............................................................................................................................................8IRAC 6.............................................................................................................................................9References......................................................................................................................................10

CasePeter is a real estate developer and develops residential apartment complexes in the Wollongonglocal region. He purchases a large block and plans to build a large apartment complex on theblock at a considerable profit. However, Wollongong Council denies his developmentapplication on the basis of a road widening proposal that will significantly reduce the size of theblock and is supposed to reduce the value of his block as well. Despite reading the councilcertificate obtained from Wollongong Council before the purchase of land, he purchased theland. He is relaxed to find the council has made a mistake to include a disclosure in thecertificate that the block of land had been subject to a road widening proposal. After the purchaseof land, Peter now wants to sue Wollongong Council in negligence for economic loss. The claimof Wollongong Council is that negligence only applies to physical actions, not written words,and is only applicable to physical damage to the people or their property and not for economicloss. IRAC 1IssueDoes Wollongong Council owe Peter a duty of care?RuleAccording to the Law of Torts, the tort of negligence protects the person, property, as well aseconomic interests from damage caused due to the negligence or failure to exercise reasonablecare by another person. In order to establish negligence in actions conducted by an individual,there are three essentials which are required to be fulfilled. In this context, duty of care isconsidered as the duty owed by an individual towards another due to relationship between them

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