Commercial Law Case Study

1679 Words4 Pages
bulb-icon

Recommended: Commercial law fundamentals

Introduction of Commercial Law

The main objective of the law is to set and provide rules governing the relationship between two or more than two social bodies and between the government and its citizens to solve the conflict. Commercial law mainly concerned with the laws in relation with ordinary business activities likes contract, sale, bills of exchange, duty of care, bankruptcy, companies and many more.
In this case study, there are some serious matter took place between Ellen and the Council which later on further we will be discussing. In this case we also discuss about duty of care, negligence and psychiatric injury to Ellen under Australian law
Which may be on favors Ellen’s case.

Facts in the case to think about

 When Ellen was doing enquiry, the council officer doesn’t seems to be very attentive.
(Cause he left the conversation in the middle of nowhere.)
 When he came back, he just had a quick look on his computer and gave a quick reply.
(Rather than checking everything properly in that area.)
 Ellen should have confirmed it again to the council officer after his quick reaction. Considering he left the conversation in the middle and only had a quick look of the site.
 Before she signs the lease of the contract with the owner of the premises, she should have to enquiry more about that area.
 A huge possible chance of failure of the business (meditation studio) becauseof the noise from the building. Which is disturbing for the customers who come for meditation and as well as for Ellen.
 At the end, Ellen end up having nervous disorder and threatens her career in alternative medicine.

Issues in the case

 Whether council officer has a duty of caretowards Ellen.
 Whether the council officer has a breach of duty ...

... middle of paper ...

...eighbor against Paddington city council (defendant).
Wyong Shire Council v Shirt10, Shaddock v Parramatta2, Majority of the government authorities found guilty by courts because of negligence and misrepresentation. Paddington council could be found guilty against Ellen. She can claim damages, rewards and compensation in the court. Hedley Byrne v Heller Partners, the tort law case on pure economic loss, resulting from a negligence and misrepresentation. Prior to the decision of the notion that one may owe another a duty of care for statements occurred. Before the judgement Civil Liability Act to be consider as a main act. Considering all the legal cases and applying in the case of Ellen v Paddington city council, it seems to be Paddington city councilwould be held responsible or liable for Ellen economic status and mental injury.

Show More
Related

  • Patient Autonomy Case Study

    1163 Words  | 3 Pages

    On the morning of May 17th, 2005, Nola Walker was involved in a two-car collision. Police and Ambulance were dispatched and arrive on scene at the intersection of Kenny and Fernley Street. Ambulance conducted various assessments on Ms. Walker which revealed no major injuries and normal vital signs. Mrs walker denied further medical investigation and denied hospital treatment. Later on, Queensland police conducted a roadside breath test that returned a positive reading, police then escorted Ms. Walker to the cairns police station. Ms. Walker was found to be unconscious, without a pulse and not breathing. An ambulance was called but attempts to revive her failed (Coroner’s Inquest, Walker 2007). The standard of Legal and ethical obligation appeared by paramedics required for this situation are flawed and require further examination to conclude whether commitments of autonomy, beneficence, non-maleficence and justice were accomplished.

    Read More

  • Case Study : Business Law 201

    2539 Words  | 6 Pages

    This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.

    Read More

  • Summary of Boyle's Friendly Skies

    827 Words  | 2 Pages

    The main conflict is Ellen’s inner conflict and the effect that her repressed feelings have on her life and her attitudes.

    Read More

  • Australian Consumer Law Objective

    1575 Words  | 4 Pages

    Firstly it is important to explore the reason of Consumer Law. Consumer Law is designed to prevent business to engage in unfair practices, gaining an advantage over competition and also to provide protection to those who are weak. Furthermore it is to provide protection to consumer, encourage consumption and help inform consumer and suppliers of their rights. Additionally Consumer Law helps deliver a competitive economy which engages in fair trade actions.

    Read More

  • chapelhow

    1391 Words  | 3 Pages

    The person’s care I have chosen to analyse is that of a 65 year old female, for the purpose of confidentiality she will immediately be known throughout as Mary (NMC 2008). Mary was admitted to the continuing care unit where I was placed. Although Mary had come into the unit as a new admission, she has been known by the trust the unit resides in for over 10 years. Mary has only one known relative, her next of kin whom was married to her deceased brother. Mary was admitted as an informal patient, meaning she had not been sectioned under the Mental Health Act (1983). She was also deemed as having full capacity in regard to the Mental Health Capacity Act (2005).

    Read More

  • Case Law Case Study

    1560 Words  | 4 Pages

    Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for

    Read More

  • The Children Act of 1989

    1057 Words  | 3 Pages

    In this essay I am assuming the role of the social worker. In this case Peter and Jane have a baby son called David, who is about four months old. It says in section 2 (1), that where the child’s parents have been married before the conception of the child, they shall each have parental responsibility for the child, the meaning of parental responsibility is discussed in section 3. In this case, both Peter and Jane were married at David’s birth. Jane bought David in to hospital with a severe head injury. Upon examination by the hospital staff he is found to also have suffered previous injury to some of his ribs. This has caused grave concern and given rise to the hospital notifying the police. They in turn have gone on to notify the local authority, which has appointed me as David’s social worker. Under section 47 I have a duty to investigate the allegations and also a duty to contact all other agencies who might be involved...

    Read More

  • Criminal Law Case Study

    1322 Words  | 3 Pages

    Brenann J in He Kaw The v The Queen (1985) 157 CLR 523 at 569, 570)

    Read More

  • Bus201 Week 1 Business Law Case Study

    609 Words  | 2 Pages

    In this case perhaps McCoy would wish to be a limited partner and be removed from the day to day operations. An option he could choose could be to be a Limited Liability Corporation, may come with additional costs, work and headaches, but even so as we with any business it has its advantages, which includes the flexibility of who manages the business, can be easier to raise capital and add or transfer ownership interests. Owners are no longer liable for business debts, but the

    Read More

  • Case Study Of Unfair Commercial Practice

    786 Words  | 2 Pages

    Dishonest and pressure selling can be considered as problematic issues to consumers, which could cost up to £3.3 billion according to the research of Consumer Focus in UK in 2009 . The misleading and aggressive selling not only undermine the fairness of competition between businesses but primarily also damage consumer’s interests and confidence, importantly, restrain the development of EU internal market. However, the level in consumer protection among EU is fragmented as the great divergence between Member States’ legal systems. Thus, Unfair Commercial Practices Directive (UCPD) adopted in 2005 with the full harmonisation provides a uniform set of rules for Member States to tackle unfair commercial practices in order to enhance consumers’

    Read More

  • Duty of Care: Psychiatric Harm Analysis

    1818 Words  | 4 Pages

    Thank you for your email regarding Miss Eve Edmunds, where you asked for my assistance in establishing whether Miss Edmunds was owed a duty of care by Mr Alistair Agard. From my understanding of the tort of negligence, Miss Edmunds would be classed as a secondary victim of psychiatric harm, and it is my belief that she was indeed owed a duty of care by Mr Agard. Below I will assess whether Miss Edmunds was suffering from a recognised psychiatric injury (RPI), explain the distinguishing features between primary victims (PV) and secondary victims (SV) of psychiatric harm, consider the Alcock quadripartite test, examine the difficulties that may be faced should Miss Edmunds be considered a ‘rescuer’, and then culminate by bringing all

    Read More

  • Business Law Case Study Nell Home

    421 Words  | 1 Pages

    Given the situation, as manager of the office, Sara must talk to Nell and tell her that she can not allow her to stay doing her work because she is not fit to comply with them due to her drunken state. However, you must ask her to leave the office and return the next day when she is already sober to talk about the particular situation.

    Read More

  • Liability for Omissions in Tort Law

    882 Words  | 2 Pages

    Mullender, R & Speirs, A (2000) Negligence, Psychiatric Injury, and the Altruism Principle, Oxford Journal of Legal Studies 20,4, 645

    Read More

  • Consumer Law Essay

    1121 Words  | 3 Pages

    Marketing is a system of business activates designed to plan, price, promote and distribute want-satisfying products, services and ideas to customers in order to achieve business objectives. Consumer law protects consumer’s rights in the marketplace as well as fair trading, competition and accurate information. On the other hand, ethical aspects of marketing are about making marketing decisions that are morally right. However, consumer law and ethical aspects of marketing have a lot of advantages and disadvantages in the marketplace, which impacts business 's sales and growth like it happened to: Harvey Norman, Nurofen, apple, etc.

    Read More

  • Roles And Functions Of Law In Business And Society

    897 Words  | 2 Pages

    These three classifications of law affect both business and society, through not only the guidelines defining what is and is not a crime, but also through protection for both. The examples above talked about a car hitting an individual. If it were taken one step further and the car belonged to a business, there are laws in place safeguarding the culpability of the business from the incident since though it is a company car, the company itself was not driving it.

    Read More

More about Commercial Law Case Study

Open Document