Subject Name: Commercial Law
Assessment Title: Assignment
Assessment Type: Assignment
Choose an item.: 1,200 Words (+/-10%)
Weighting: 40 %
Total Marks: 40
Submission: Via Turnitin
Due Date: Week 10
• There will be a webinar to assist you with preparing this assignment. Watch out for the webinar time and date details to be posted in the Subject Announcements.
• This assignment covers the Law of Torts (Week 5).
• You will need to identify the issues in the question, cite the relevant rules applicable to the issues, explain the application of the rules to the facts/situation in the problem and draw a conclusion as to the best advice for the person/s you are providing advice (IRAC).
Assessment Problem Based Question
Peter is a real estate developer. He develops residential apartment complexes in the Wollongong local area. He purchases a large block of land for $2 million and plans to build a large apartment complex on the block at a considerable profit. But Wollongong Council denies his development application on the basis of a road widening proposal that will substantially reduce the size of the block. This road widening proposal reduces the value of the block of Peter’s land to $1 million.
Peter reads the council certificate he obtained from Wollongong Council. If the block of land had been subject to a road widening proposal then it should have been disclosed by Wollongong Council in the certificate. There is no such disclosure in the certificate. As Peter didn’t bother to read the certificate before he purchased the land, he is relieved to find the council has made this mistake. He secretly knows that if Wollongong Council had been careful and included the road widening disclosure in the certificate, he would not have seen it and gone ahead with the land purchase anyway.
Peter now wants to sue Wollongong Council in negligence for economic loss. Wollongong Council claims that negligence only applies to physical actions, not written words, and is only applicable to physical damage to people or their property, not economic loss.
Page 1 Kaplan Business School Assessment Outline
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Word Limits for Written Assessments
Submissions that exceed the word limit by more than 10% will cease to be marked from the point at which that limit is exceeded.
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Page 2 Kaplan Business School Assessment Outline
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