BUS107 Commercial Law T1 2018: Analyzing Council's Duty of Care

This case study examines a dispute between Peter, a real estate developer, and Wollongong Council concerning a road widening proposal that significantly reduced the value of Peter's land. The core legal issues revolve around whether the Council owed Peter a duty of care, whether they breached that duty through negligence by failing to disclose the road widening proposal in a council certificate, and whether Peter suffered economic loss as a result. The analysis also considers potential defenses for the Council, such as contributory negligence on Peter's part for not reading the certificate carefully, and whether the Council can rely on the defense of voluntary assumption of risk. Ultimately, the study concludes that Peter can sue the Council for damages related to his economic loss, subject to limitations based on any contributory negligence on his part.