Analysis of Business Law Issues in Tort and Contract Cases

This assignment delves into significant issues within the realm of business law, focusing on torts and contracts. The first issue explores whether Ellen has any legal claim against a council for breaching the duty of care, referencing seminal cases like Donoghue v Stevenson and Balfour v Attorney General to establish negligence in failing her meditation business. The second issue examines if there's a breach of contract between Ellen and her landlord due to nonpayment of rent amidst disturbances from renovations affecting her business. Key principles of contract law are scrutinized, including the necessity for agreement formation, consideration, and intention, drawing on Australian Woollen Mills Pty Ltd v The Commonwealth case. The third issue investigates contributory negligence where both Ellen and a council worker may share liability for damages incurred due to unfulfilled assurances about property conditions. Cases like Bankstown Foundry Pty Ltd v Braistina and Podrebersek v Australian Iron and Steel are analyzed to discuss shared responsibility in negligence. Overall, the assignment assesses legal avenues available to Ellen for seeking compensation against both council officers and landlords under business law.

Running head: BUSINESS LAW
Business 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
Application..................................................................................................................................4
Conclusion...................................................................................................................................4
Issue 3..............................................................................................................................................4
Issue.............................................................................................................................................4
Rules............................................................................................................................................5
Application..................................................................................................................................5
Conclusion...................................................................................................................................6
Reference.........................................................................................................................................7

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Issue 1
Issue
The issue is whether Ellen has any claim against the council in relation to the advice she
has received from him?
Rules
This is a case of breach of duty of care under the tort law where the defendant has failed
to satisfy the terms of duty of care which breach duty and due to the negligence by him and has
suffered her meditation business. Donoghue v Stevenson [1932] is one of the famous cases of
breach of duty of care. The defendant has found to serve the composed snail in a beer bottle
which made sick to the plaintiff. Therefore the defendant is liable for his breach of duty of care
while he was in his duty.
In another case Balfour v. Attorney General [1991] court has found the failure of the
terms of duty of care which caused breach of duty due to the negligence by the defendant along
with the proximity cause.
Application
According to the fact of the case is that Ellen went to the council officer for having
suggestion about to take the place of that property. However he has breached the duty of care and
suggest to everything about to be fine.
Breach of duty of care only establish when a relation of duty of care has establishes
between the plaintiff and the defendant where the defendant was become liable for the

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negligence to take care of the duty to the plaintiff. Therefore as per the case facts council officer
owned duty to Ellen but he breaches his duty of care.
Conclusion
Therefore it can be concluded that do to the negligence by the council officer Ellen has
suffered several damage in her business. Therefore she can take legal action against him and
claim compensation for the damages.
Issue 2
Issue
According to the fact of the case the issue has been arises whether any breach of contract
has been placed between Ellen and landlord for nonpayment rent or not?
Rules
A Contact has formed between two or more than two parties where they have fulfilled the
terms of contract which included formation of agreement, consideration, capacity, legal intention
and certainty. However the failure of the terms of contact has form dissatisfaction by the parties.
The breach has occurred where the aggrieved party is bound to pay the compensation to the
innocent party. In a famous case of Australian Woollen Mills Pty Ltd v The Commonwealth
High Court of Australia (1954) court has found that the contract between the two parties has
failed to form a valid agreement due to the failure of satisfy the terms of contract. In this case the
contract has been failed to exercise the duty due to the absence of consideration, condition and
legal intention which made the contact completely invalid.

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Application
It is necessary while formation of the contract that it should contain with the terms of
proposal and acceptance, consideration, legal intention, capacity to contract and certainty.
Failure of exercise any of the term main arise issues in the formation of contract and causes the
breach of contract.
As per the fact of the case when Ellen m took the lease from the landlord she informed
about her business of meditation where she was required a place which should be in a silent
environment and comfort the clients. Due to the renovation to the next door it creates disturbance
to her business and cause her mental illnesses and clients are not able to concentrate into their
meditation course. Therefore as per the terms of contact the landlord has failed to satisfy to
create a contract which is the breach of the contract towards Ellen.
Conclusion
Therefore due to the breach of contract Ellen has right to take legal action against her
landlord and claim the compensation for the damages.
Issue 3
Issue
According to the case study the issue has been arises whether there has been a negligence
has been caused which meant by the council worker or not?

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Rules
Under the negligence of tort law the defendant and plaintiff both can be found liable for
the damages which cause to the plaintiff. It is called the contributing negligence which stated the
liability of the negligence applicable for both of the plaintiff and defendant.
In the case of Bankstown Foundry Pty Ltd v Braistina [1986] the court has stated
about the contributed negligence where the damages which has been occur to the plaintiff and
causes due to the negligence of both the plaintiff and defendant. Podrebersek v Australian
Iron and Steel [1985] is another example of contributed negligence case where the damages has
been caused due to the negligence by both plaintiff and defendant.
Application
Under the contributory negligence the defendant has obtain for the defense where the
compensation of the damages has claimed by the plaintiff. Therefore both the plaintiff and
defendant make the legal responsibility for the damages due to the negligence by them.
According to the fact of the case, Ellen went to the council officer for having the
suggestion about to take the lease property for her meditation business. However due to hurry he
has suggested her not to worry about anything but he had not make any assurance about the
condition of the property. Ellen without any consideration or any enquiry she make the contract
with the landlord for her business purpose but there she had suffered several disturbance due to
the inauguration to the next door of his business property. Therefore Ellen is also liable for the
noise and disturbance which causes damage to her along with her business.

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Conclusion
It can be concluded that due the council officer has breached the duty of care towards
Ellen but here both of them are liable for the damages she has suffered. 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
Butler, D., Christensen, S., Willmott, L. and Dixon, B., 2013. Contract Law Case Book.
Donoghue v Stevenson [1932] AC 562
Podrebersek v Australian Iron and Steel [1985] HCA 34