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Law Project - Assignment

   

Added on  2021-01-02

7 Pages1719 Words98 Views
Law Project

TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1Issue 1: Claim against council regarding advise she received from them..................................1Issue 2 breach of contract between landlord and Ellen for non payment of rent.....................2Issue 3: responsibility of officer of local council.......................................................................3CONCLUSION................................................................................................................................4REFERENCES................................................................................................................................5

INTRODUCTIONBusiness law is considered as body of law which ensures that companies follow regulationseffectively and conduct operations accordingly (Burrows and Burrows, 2016). Present study isbased on case of Ellen who come into lease agreement with the person. He has consulted withcouncil officer regarding the place and disturbance near about it. Council officer ensured herthat she can open a shop there without any issue. Current assignment will discuss Tort ofnegligence and contract law. Furthermore, it will explain whether Ellen has right to claim againstcouncil officer of not. In addition, it will give justification for negligence misstatement bycouncil officer.Issue 1: Claim against council regarding advise she received from themIssue: Ellen a graduate from alternative mediation wanted to start her business ofmeditation studio. For which she need an apartment or house where there is not noise and peacein the vicinity. She found a place and before entering in lease contract went to local council forgetting information about buildings and raised questions about any building work in that area.The officer of council stated that relax everything will be fine. After making herself sure sheentered into lease agreement with landlord and after 2 days found out that renovation workstarted in neighbouring last and will take 6 months for completion.Relevant rule:Civil Law (Wrongs) Act 2002Chapter 4Tort of negligence: This can be defined as negligence on part on a person or an entitycausing a significant harm of damage to another. There are three main elements of tort ofnegligence, they are duty of care, breach and damages (Civil Law (Wrongs) Act 2002, 2018).First duty of care must be owed, a breach of the duty must be done and aggrieved party shallsuffer certain damage, it can be in form of mental or physical harm or results in death.Claim for damages: As per provision of this act a person who is in breach of care of duty canclaim for compensation for damages occurred to aggrieved party. The amount of compensationfor damages suffered are to be decided by the court or tribunal to whomsoever case is referred.The damages can be physical, mental or death of the person.Application: In this case officer of local council owe a duty of care to toward Ellen, asthey are responsible for providing correct information to a citizen. Here, a breach of the1

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