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7 Norton is considering the purchase of a sports store (known as Allsports) from its owners Sally and Gno. Norton negotiates the arrangement in conversations
7 Norton is considering the purchase of a sports store (known as "Allsports") from its owners Sally and Gno. Norton negotiates the arrangement in conversations over a period of several months. During that period he is told by Sally that the business has been very profitable and that they have been able to afford lengthy holidays during quieter months. Gno informs Norton that gross earnings were $150,000 in 2019 and that despite the downturn during the worst of the Coronavirus they will again reach that amount in 2022. He adds that in 2023 he expects turnover to increase by 50% and profit by the same percentage. He produces accounting information which he says proves this. Norton shows the accounting information to an accountant who says that it appears to be a good investment. Norton who is planning to invest all of his savings in purchasing the business and agrees to pay the whole of the price that Sally and Gno ask for the business. He signs a contract for the business but no mention is made in the contract to the information provided by the sellers in the course of negotiations. When Norton has paid the price for the business and when he has begun trading it becomes clear to him that the store will not achieve anything like gross earnings of $150,000 and that the profit to date if sustained would not justify long holidays in the future. Further to this he becomes aware of the opening nearby of a large new sports store operated by a very successful chain of stores which is able to offer customer inducing terms for purchasers. Gno had known of this opening but had told neither Sally nor Norton of it. Norton sees the value of his investment disappearing. Required Norton approaches you, to ask what action he can take. Can he have the contract set aside and recover his investment? Can he claim breach of contract, mistake, or misrepresentation or misleading conduct. Would the Australian Consumer Law provide any remedy for him. Does he have any right of action against the accountant who gave him advice that it appeared to be a good investment? On what basis might he take action against the accountant and what would he have to prove. You need to provide an answer to each of the above questions. You should give relevant legislative provisions and refer to illustrative cases in your answer to this
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