Commercial Law

COMMERCIAL LAW
Table of Contents
Introduction to the Case Study    3
Does Wollongong Council owe Peter a duty of care?    3
Did Wollongong Council breach their duty of care by falling to meet the standard of the care?    3
Were Peter's losses caused by Wollongong Council's actions and are those losses not too remote?    4
Can Wollongong Council potentially rely on the defence of contributory negligence?    5
Can Wollongong Council potentially rely on the defence of voluntary assumption of risk?    6
Can Peter sue Wollongong Council in negligence for economic loss?    7
References    8
Introduction to the Case Study
Peter is involved in the construction business and intends to sets up a residential complex in the Wollongong area. For that purpose he buys a large block of land for a huge amount of 2 million dollars in order to maximize his profits. But the project proposal is not accepted by the Wollongong Council as the broad road would decrease the size of the block. The value of the plot was reduced to 1 million dollars. As the condition was not listed in the certificate obtained from the council, Peter wants to sue Wollongong Council for negligence. But actually Peter did not have a look at the certificate before buying the block and is aware that even if the condition would have been listed, he would not have viewed it and bought the land anyway.
Does Wollongong Council owe Peter a duty of care?
Issue
If Peter succeeds to prove that the Wollongong Council owes a duty of care towards hum and that he had suffered a loss of 1 million dollars due to the actions of the Wollongong Council, then Peter can sue the council.
Rule
Duty of Care is considered to be a legal obligation which makes sure that the individuals are safe and protected from any harm. It restricts the occurrence of any injury, risk or loss.
Application
The obligation of Duty of Care is set so that certain standards are set that individuals would abide by in order to ensure that potential damage is not cause to others.
Conclusion
Thus, Wollongong Council does owe Peter a duty of careas the later had purchased a block of land in the Wollongong area (Lawson & Seidman, 2017).
Did Wollongong Council breach their duty of care by falling to meet the standard of the care?
Issue
If Peter succeeds in proving that the Wollongong Council breached their duty of care towards Peter by not providing Peter with the required care standards, then the council and be sued and held accountable for the losses faced by Peter.
Rule
According to law, if the duty of care is breached then the person breaching the law would be sued by the individual facing the loss.
Application
In accordance to the state laws, any council owes a duty of care towards the neighbour (Græger et al, 2019).
Conclusion
So...