Commercial transactions essay

Topics: Tort, Tort law, Negligence Pages: 4 (1272 words) Published: June 9, 2014
ISSUES

Parties: Frank and Belinda; Marie; Douglas Pty Ltd; Black; Brown & Co Issue 1: Does any of those parties mentioned above have a duty of care to Frank and Belinda? If so, are they liable for a negligent misstatement for the loss of Frank and Belinda? Sub Issue 1.1: Does Marie have a duty of care to Frank and Belinda? Sub Issue 1.2: Does Douglas Pty Ltd have a duty of care to Frank and Belinda? Sub Issue 1.3: Does Black have a duty of care to Frank and Belinda? Sub Issue 1.4: Does Brown & Co have a duty of care to Frank and Belinda? Issue 2: Is there any possible action by Frank and Belinda against those parties? If so, can Frank and Belinda recover any part or all of their loss from any one of them? Sub Issue 2.1: Can Frank and Belinda have an action against Marie? If so, how much can they recover their loss from her? Sub Issue 2.2: Can Frank and Belinda have an action against Douglas Pty Ltd? If so, how much can they recover from them? Sub Issue 2.3: Are there an action by Frank and Belinda against Black? If so, how much can they recover from him? Sub Issue 2.4: Are there an action by Frank and Belinda against Brown & Co? If so, how much can they recover from them? RULES

Areas of Law: Negligence; Agency
Rules:
1. First, if Frank and Belinda want to get remedies from those parties mentioned above, they must establish the tort of negligence. The elements of negligence are: a duty of care, a breach of duty of care, and damage suffered by the plaintiff. Regarding duty of care, the common law rules still apply when trying to determining whether there is a duty of care or not. As for breach of the duty of care, the fault element and the civil liability legislation must be considered. As for damage, the plaintiff has to establish on the balance of probabilities any fact relevant to the issues of factual causation and remoteness. 2. The whole matter of pure economic loss cause through careless misstatements was reconsidered by the House of Lords in...

References: L Shaddock & Associates Pty Ltd v Parramatta City Council (No 1) (1981) 150 CLR 225
Australia and New Zealand Bank Ltd v Ateliers de Constructions Electriques de Chaleroi [1967] 1 AC 86
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