Business Law Case Study: Council Negligence and Contract Breach

This case study examines the legal issues faced by Ellen, who opened a meditation studio after receiving incorrect advice from a council worker. The study explores three main issues: the possibility of suing the council for negligent advice, a potential breach of contract with the landlord due to non-payment of rent, and the council worker's negligence. The analysis applies relevant legal principles, including legislation regarding council liability, Australian contract law, and the Civil Liability Act 2002 concerning negligence. The conclusion suggests that Ellen has grounds to sue the council for the incorrect advice, faces potential legal action from the landlord, and is likely to win her case against the council worker due to negligence. The case study references several books and journals to support its legal arguments.

Business law

Table of Contents
INTRODUCTION...........................................................................................................................1
ISSUES............................................................................................................................................1
RULES.............................................................................................................................................1
APPLICATION...............................................................................................................................1
CONCLUSION................................................................................................................................2
REFERENCES................................................................................................................................3

INTRODUCTION
This case study is about Ellen. She has completed her graduation from The College of
Alternative Medicine. She decided to open a meditation studio and she went to council office for
checking suitability of location. Council officer did not pay much attention to her question and
advise her that selected location is fine. A six months construction work started within 2 weeks
of opening of meditation studio. It created disturbance and developed nervous disorder in Ellen.
ISSUES
There are three issues in this case which are as follows:
 Can Ellen sue council for the wrong advice which council worker gave her?
 Is there a case between Ellen and landlord regarding non- payment of rent?
 Whether council worker can be sued for negligence?
RULES
Rule for first issue - There are legislations which provide rights to public for filing case
against council if they have given them wrong information or committed any other mistake
(Barker and et.al., 2012). Although many people think that winning case against council is very
difficult because legislations always try to save them.
Rule for second issue – Australian contact law is the legislation which will be taken into
account in this case. This law is based on English contract law but some modifications are made
in it because of decisions given by judges. Formation of agreement, express and implied terms,
illegality and terminations are some important part of this legislation (Stychin, 2012).
Rule for third issue – The rules relating to tort of negligence differ in every state of
Australia. In New South Wales, earlier common law, which was introduced by British
government was prevailing but now, it is covered under Civil Liability Act 2002 under the
section of ''duty of care''.
APPLICATION
 Application on first issue - Ellen can sue council worker for providing wrong information
to her but she has to prove it in court (Bismark and et.al., 2012). There were no written
and authenticated approval from the side of council employee so this can be an issue for
her.
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 Application on second issue – Ellen has breached the contract and she may have to face
legal consequences in court for non-payment of rent (Davis, 2011). She cannot blame this
on council member.
 Application on third issue – According to Civil Liability Act 2002, if Ellen proves that
there is a case of negligence and council member is responsible for misstatement then
council have to pay money to Ellen. This amount will include claim for both, rent and
nervous disorder (Stickley, 2016).
CONCLUSION
 Ellen can claim against council as she can win this case. She received wrong advice and
she has right to file case against that as it is given by employee of a council worker.
 Ellen has not paid her rent from months and landlord can sue her for this. According to
law of contract, she breached agreement.
 There is no doubt that council worker gave wrong advice because of negligence to Ellen
and she will win this case.
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REFERENCES
Books and Journals:
Barker, K. and et.al., 2012. The law of torts in Australia. Oxford University Press.
Bismark, M.M. and et.al., 2012. Legal disputes over informed consent for cosmetic procedures: a
descriptive study of negligence claims and complaints in Australia. Journal of Plastic,
Reconstructive & Aesthetic Surgery. 65(11). pp.1506-1512.
Davis, J.L.R., 2011. The (Common) law of man over (Civilian) vehicles unmanned.
Stickley, A.P., 2016. Australian Torts Law. LexisNexis Butterworths.
Stychin, C.F., 2012. The vulnerable subject of negligence law. International Journal of Law in
Context. 8(3). pp.337-353.
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