Can norris sue estate agent for his negligent misstatements
Course:- Business Law and Ethics
Reference No.:- EM13832097

Assignment Help
Expertsmind Rated 4.9 / 5 based on 47215 reviews.
Review Site
Assignment Help >> Business Law and Ethics

Introduction to Business Law

Word limit: 1500 words

Purpose: To apply and assess legal problem solving skills.


1. This assignment is to be completed in a group of two to four students - no exceptions.

2. The group is self-managing and you are to form your own group.

3. You may form a group with students enrolled in the unit - need not be in the same tutorial group.

4. All three questions are compulsory

5. Maximum number of words: 1,500 total (excluding references).

7. Submit only one per group - it is the students' responsibility to have their names and student numbers listed on the assignment to be awarded a mark.

8. 10% of the maximum available marks (i.e. 30 marks) will be deducted per day of late submission.

9. Essay format: legal problem solving format.

10. Referencing format: Australian Legal Citation.

Question 1-

D, a manufacturer of widgets, runs a promotional competition. Part of the "fine print" on the entry form reads: "It is a condition of this competition that nothing herein shall give rise to any legal relationship, rights, duties or consequences whatsoever or be legally enforceable, but shall be binding in honour only."

When P learns in the media that D has lost a number of the entries, P wishes to sue D for negligence. Can P sue D? Analyse on the contractual point only. Ignore all other areas of law.

Question 2-

Retail Pty Ltd sells domestic and commercial hardware to both trade and retail customers. At the time of sale, Retail proposes to hand to all customers an invoice on which is printed in legible, but very small, print one of the following:

1. "All implied conditions and warranties are excluded to the extent, if any, permitted by law."

2. "No returns and no refunds."

3. "The liability of Retail Pty Ltd is limited to the cost of repairing defective products." What is the legal effect of each of these under the ACL? Ignore all other areas of law.

Question 3-

Norris had decided for some time that he wanted to purchase a motel. After looking at several different areas, he settled on Port Stephens in New South Wales as offering both the potential for a business and the lifestyle he was seeking. He rang a number of real estate agents, inquiring whether they had any motels listed for sale. He finally found a motel and general business listed with an estate agent called Evatt. Evatt told Norris that once he got going in this business it would be a gold mine. Norris sought an accountant's advice and then proceeded to buy the business. Within six months of buying the motel and general business Norris was broke because there were neither the tourist numbers nor the local population to sustain the business. Can Norris sue the estate agent for his negligent misstatements about the business? Will he succeed? Ignore all other areas of law.


Verified Expert

Preview Container content


While analyzing the case we can able to understand that, P understand that, D has lost a number of the entries which reduced the chance of P get to prizes from the competition conducted by the company. We know the fact that, D implemented promotional competition for attracting the customers for buying the product, it is the duty of the manufacturer to conduct the competition in a productive manner.

In this case, we can able to understand that P wishes to sue D for negligence in which it will affect the operations of the manufacturer. The major issues is related with entries considered as a part of contract.

Rules :

While analyzing the case we can able to understand that rules related with the consideration is applicable in this case. As per the contract law, consideration can be called as something in return. In this case, both parties related based on the condition explained in the agreement.

In order for creating a binding contract there exists a contractual as well as legal relationship with the parties. The statement

Put your comment

Ask Question & Get Answers from Experts
Browse some more (Business Law and Ethics) Materials
What patterns might influence the direction of your research? What are the possible policy implications of your research? Provide some examples of policies that might result f
Outline of the specific mental health and crisis response for a critical incident discussing the various types of possible critical incidents that this plan would apply to
Illiana is a traveling sales agent. Illiana not only solicits orders but also delivers the goods and collects payments from her customers. Illiana places all payments in her p
What are the six steps and why are they essential? How do these steps assist us when evaluating criminal justice data? How do these steps contribute to successfully interpreti
What are the pros and cons of limited partnerships? Review the Menendez v. O'Niell excerpt. Answer the following: Did releasing Fraioli from liability also release Triumvi
What are the advantages and disadvantages of an investigative task force? Who, or what entities, should be involved in the decision to create an investigative task force? Assu
Write a 750-1000 word essay on constructing and administrating a questionaire and its practical application in descriptive research. Include your opinion, backed by scholarl
The Institute of Management Accountants (IMA) has developed ethical standards for management accountants. What four categories has the IMA classified these standards into?