Business Law Questions and Answers 2022

Running head- BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note
1.

Business Law1
Answer to 1
Issues
The main issue identified from the scenario is:
Whether Kathy will be successful in claiming the damages from Peter for the loss
she suffered in her business due to the advice of Peter?
Law
The following legislations that shall be applicable in the following scenario are as
follows:
 Section 20 of the Civil Liability Act, 2003
 Section 22 of the Civil Liability Act, 2003
 Shaddock and Associated Pty Ltd v. Parramatta City Council(1981)
 Mutual Life and Citizens' Assurance Co Ltd v Evatt (1968)
Application
It is stated that Kathy shall be eligible to claim for the damages and the losses that
she suffered in the business due to the wrong advice and the wrong statement of
Peter. As per the facts, the business of Kathy was successful in the Queensland
region, and she does not have any idea of her business of activewear to be
operative in another state. For that reason, she hired Peter to understand the risks
and the benefits of expanding the business. According to Sec- 20, the provision
states the term “professional”. According to the Section, a professional is a person
who is responsible for a particular profession or possess the expertise regarding a
specific profession for which he is considered as a professional of that profession.
So it was the duty of Peter to provide her with a proper service so that her business
does not undergo any kind of loss. According to the Sec-22, it states that the
standard of care and the duty that shall be possessed by a professional. It ensures
that the act by the professional is not against the guidelines as per mentioned under
the law, and he has acted following the provisions and the guidelines mentioned. By
applying this in the case, it is clear that the conduct of Peter was not following the
duty that he was ought to do. In the case of Shaddock and Associate, it was held
that the defendant was made liable to pay for the damages that the plaintiff suffered