Company Law Case Study Analysis

This assignment delves into a case study involving Ellen, who suffered damages due to advice from a council officer and issues with her landlord. It analyzes potential claims under company law, specifically focusing on breaches of duty of care, contract, and contributory negligence. The analysis applies relevant legal principles and case precedents to assess Ellen's legal standing against both parties.

Running head: COMPANY LAW
Company Law
Name of the Student
Name of the University
Author Note

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Table of Contents
Issue 1..............................................................................................................................................2
Issue.............................................................................................................................................2
Rules............................................................................................................................................2
Application..................................................................................................................................2
Conclusion...................................................................................................................................3
Issue 2..............................................................................................................................................3
Issue.............................................................................................................................................3
Rules............................................................................................................................................3
Conclusion...................................................................................................................................4
Issue 3..............................................................................................................................................4
Issue.............................................................................................................................................4
Rules............................................................................................................................................5
Application..................................................................................................................................5
Conclusion...................................................................................................................................6
Reference.........................................................................................................................................7

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Issue 1
Issue
As per the case study the issue has been arises whether Ellen has any claim against the
council in relation to the advice she has received from him?
Rules
According to the facts of the case it is a case of breach of duty of care under the law of
tort. A breach of duty cause when it has been found that the defendant has found to be failure to
exercise the duty of care towards the defendant. Due to the negligence towards the duty of care
which causes by the defendant causes damages to the plaintiff.
Balfour v. Attorney General [1991] is one of the famous case of Australia where a
damage has been caused to the plaintiff by the defendant due to the failure of duty of care of
proximity causes. Under the law of tort it is a case of breach of duty of care.
Donoghue v Stevenson [1932] is a case where plaintiff has found damages of heath
issues due to the negligence which has been caused by the defendant while he served a beer
bottle with a decomposed snail in it.
Application
As per the fact of the case Ellen went to the office of the council officer for the assurance
of him if it will be fine to take the property for her meditation business. However he told that
everything will be finned but it causes damages to her and her business. As a council office it
was his duty to provides every information to the clients which is the duty of him. The council
officer has owned the duty of care towards Ellen but he failed to exercise the duty of care which

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causes the breach of duty of care towards Ellen. Therefore he is liable for the damages which she
suffered.
Conclusion
It can be concluded that the negligence which causes by Council Officer causes damages
to her and she has right to sue him for her damages and claim the compensation from him.
Issue 2
Issue
As per the case acts the issue has been found that whether any breach of contract has
been placed between Ellen and landlord for nonpayment rent or not?
Rules
According to the contract law, a contract has been formed between two or more that two
parties. When a contract formed it follows various elements which include offer and acceptance,
capacity of contract, consideration, legal intention and certainty between the parties. When the
parties failed to meet the elements of the contract it had been breached legal binding of the
contract.
Australian Woollen Mills Pty Ltd v The Commonwealth High Court of Australia
(1954) is one of example of breach of the contract. In this case the court has stated that the
parties of the contract have failed to form a legally binding contract due to the failure of exercise
the terms of consideration, condition and legal intention. Therefore the formation of the contract
has become invalid for the breach of the terms of the contracts.
Application

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The parties are bound to follow the five elements when they are forming a legally valid
contract. One party will make the offer and other one will accept it. The consideration will set
the contract where it will consider the exchange of values. The sound mind people only form the
contract. The legal intention is necessary along with the certainty.
According to the facts when Ellen took the property for her meditation business she has
informed the landlord about her requirement of having a clam environment for running the
business. However due to the renovation work to the next door it creates nuisance and
disturbance to her business. The disturbances cause several damages to her. The clients are not
able to concentrate of the meditation and she suffered mental illness.
Therefore according to the terms of the contract the land lord has failed to form a contract
which consists of all consideration, legal intention and certainty. A breach of contract has been
occurring by the landlord who causes damages to her.
Conclusion
It is concluded that Ellen can take legal action against the landlord for the breach of the
contract which causes damages to her and the business.
Issue 3
Issue
As per the case facts the issue has been found that whether there has been a negligence
has been caused which meant by the council worker or not?

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Rules
The contributory negligence is one of the part of the negligence under the tort law where
defendant can use it as defense where the liability of the damages has caused by him to the
plaintiff. According to the terms of the contributory negligence defendant can share the liability
of damages with the plaintiff where plaintiff has suffered the damages. The liabilities of the
damages are applicable for both of them.
Podrebersek v Australian Iron and Steel [1985] is a case of contributory negligence
where court has found the liabilities of damages by both of the plaintiff and defendant due to the
negligence. In the case of Bankstown Foundry Pty Ltd v Braistina [1986] court found that the
plaintiff has suffered several damages by the defendant due to acts of negligence but the
liabilities of damages lied upon to both of plaintiff and defendant.
Application
As per the facts of the case the council officer has owned a duty of care towards his
clients. When Ellen asked for his suggestions about the lease property before she make the
agreement he has stated not to worry about without any enquiries. However Ellen is equally
liable in this case because without the appropriate consideration and determination from the
landlord she made the lease agreement. It causes several damages to her and the meditation
business. Due to the renovation process to the next door of her business property created
disturbances to the clients where they are not able to concentrate on the meditation process.
It is an act of contributory negligence by both Ellen and the council officer. In this case
Ellen is the ultimate sufferer who faced the damages which causes mental illness and disturbance
to the clients. Though she changes the shift timing it still made the noise of construction.

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Conclusion
Due to the liability of Ellen and Council officer it can be concluded that if she claimed
compensation from him then partly she will also face the burden of liabilities.

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Reference
Australian Woollen Mills Pty Ltd v The Commonwealth High Court of Australia (1954) 92
CLR 424
Balfour v. Attorney General [1991] 519
Bankstown Foundry Pty Ltd v Braistina [1986] HCA 20
Donoghue v Stevenson [1932] AC 562
Podrebersek v Australian Iron and Steel [1985] HCA 34