Conveyancing-is-us Analysis Assignment Sample

• Subject Name : Law

Vicarious Liability

Ali (a licensed conveyancer) built up a successful conveyancing business ‘Conveyancing-is-us’ in Melbourne and was then able to open a second office in Geelong. Ali employed Brendan (also a licensed conveyancer) to manage the day to day operations of the Geelong office.

Carol was in negotiations to purchase a second property in Geelong and entered into a contract with ‘Conveyancing-is-us’ Geelong office to act on her behalf. During an appointment with Brendan to discuss the details of the purchase Carol asked Brendan about the tax implications of buying a second property. Brendan advised Carol that for tax purposes Carol should put the property in her husband’s name only. Ali was unaware that Brendan had offered Carol this advice.

Carol went ahead with the purchase and followed Brendan's advice to put the property in her husband's name only. Two years later Carol and her husband divorced and as part of the property settlement, the courts awarded Carol's husband sole ownership of the Geelong property.

By that time Brendan had left the conveyancing profession and was working as a casino croupier on a cruise ship in the Caribbean. Carol commenced proceedings against Ali for the loss of the property claiming Ali was vicariously liable for Brendan’s negligent actions in providing advice he was not qualified to give.

1. Concerning the case study, explain vicarious liability. (120-150 words)

Answer:

Vicarious liability is a kind of liability which is made or if fulfilled by the owner of the particular company, contract or an organization. It is a secondary commitment that develops under the custom-based doctrine, respondent unmatched, an obligation of the common for the exhibits of their subordinate or from a broader perspective. Vicarious liability is a legitimate statute that gives out commitment for a physical issue to a person who didn't cause the injury anyway who has a particular legal relationship to the person who didn't act carelessly. It is in like manner considered to as credited Negligence Launchbury v. Morgans[1].

In the current case, Ali is subject for the procedures started against Ali via Carol. According to the previously mentioned meaning of Vicarious obligation will be pertinent to Ali. Ali was the business and Brendan was only a subordinate worker who worked for Ali. Predominant is liable for the activities of the subordinates.

2. What is a tort and how are they created? Provide 3 examples of torts and give a short description of each one. (120-150 words)

Answer:

The word tort has been derived from the Latin expression 'torture', which signifies 'to bend'. In this manner, misdeed implies a lead which isn't straight or legal, however, then again wound slanted or unlawful. An act of tort essentially implies a civil wrong which isn't only a breach of agreement, it is a wrong for which the cure is a custom-based law activity, for unliquidated harms and damages Donoghue v. Stevenson[2].

Three examples of torts:

• Intentional Torts: the causing of an act with the intention or with the purpose for example, deliberately conning other people out of his cash.
• Negligent Torts: the causing of any act through some careless activities, for example, causing an auto crash by running a traffic light.
• Strict Liability Torts: the consequence of mischief caused because of the activities of other people, with no finding of the deficiency by the respondent.

3. Discuss the difference between negligent misrepresentation and negligent misstatement. (150 words)

Answer:

The term negligent misrepresentation and negligent misstatement are often confused. Mainly it is an activity for any type of misrepresentation in between contracting parties, though an activity for careless error, it might be summoned whether a legally binding relationship exists. Misstatement done negligently is utilized in Tort. It is utilized when there is no real agreement, only a duty of care. In the case of Bisset v. Wilkinson[3], asserting negligent misrepresentation may regularly be brought close by or in the option in contrast to a case for negligent misstatement. It is consequently valuable to comprehend the key thought concerning the two sorts of guarantee. 

A negligent misstatement activity is brought at precedent-based law in a misdeed and might be brought given an announcement is made indiscreetly and the connection between the gatherings is to such an extent that it offers ascend to an obligation of care concerning the represented Shaddocks & Associates Pty ltd v. Parramatta City Council[4]

4. There are 2 important parts of a judicial decision. Explain the ratio decidendi and the obiter dicta. (120-150 words)

Answer:

Ratio decidendi of a case is the standard of law on which a decision is based. Generally, when a delegated authority provides judgment for a matter, he/she states the real factors which he/she finds have been shown on the verification. The named authority may continue to figure about what his decision would or may have been in real factors of the case had been phenomenal this is known as ratio decidendi. The collection of some legitimate decision is the ratio decidendi Donoghue v. Stevenson[5]. An obiter dictum isn't legitimate in later cases since it was not cautiously relevant to the issue in issue in the primary case. In any matter, an obiter dictum may be of compelling experts in later cases.

5. Explain the impact of s 18 of the Australian Consumer Law on the law of negligence. (150 words)

Answer:

Section 18 of Australian Consumer Law gives that an individual must not, in return or exchange, partake in the lead that is misleading or bewildering or is likely going to hoodwink or deceive. The objective of section 18 is to go about as a catchall course of action that can apply to ghastly immediate ACCC v. TPG Internet Pty Ltd[6]. The game plan has been deciphered extensively in innumerable cases including differing credible conditions. Section 18 limits direct that truly hoodwinks or deceives just as lead that is presumably going to mislead or misdirect. Models are given by the Australian Competition and Consumer Commission of cases that may mislead or delude join cases relating to:

• the quality, style, model or history of a thing or organization
• whether items that are discounted are new
• the sponsorship, execution characteristics, ornamentation, points of interest or use of things and organizations
• the prerequisite for the items or organizations
• any shirking on the product or organizations

References for Conveyancing-is-us Analysis

ACCC v. TPG Internet Pty Ltd [2013] HCA

Donoghue v. Stevenson (1932)

Shaddocks & Associates Pty ltd v. Parramatta City Council [1981] HCA 59; 150 CLR 225

Launchbury v. Morgans 1972

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