Question
Adamo graduated from Western Sydney University with a Bachelor of Accounting and now works as an accountant for a firm of accountants, Summerton Accountants Pty
Adamo graduated from Western Sydney University with a Bachelor of Accounting and now works as an accountant for a firm of accountants, Summerton Accountants Pty Ltd. Bianca, who has a successful toy manufacturing business, is in negotiations to possibly buy a competing toy manufacturing business, Play Zone Pty Ltd, that is up for sale, to expand her existing business. She engages Summerton Accountants to assess Play Zone's business assets, liabilities, turnover and profit and loss. Adamo is handed the project and starts by obtaining copies of Play Zone's business accounts and financial statements.
After discussing with the head of the firm, he hires Veronica, a land valuer the firm sometimes uses, to assess the current market value of Play Zone's factory land and buildings. Veronica completes her valuation report valuing the property at $310,000. Adam finalises his financial report. However, due to a typing error, Veronica's report states that the property value is $390,000. After getting 'sign off' from the senior partner, he sends a copy of his report to Bianca with Veronica's report attached.
Bianca later bought Play Zone's business but has now discovered the error in Adamo's report. Bianca is very unhappy.
Answer the following questions.
- Identify the nature of the harm suffered by Bianca in this scenario.
- Who does owe a duty of care to Bianca? Explain your answer by making reference to relevant case law.
- Does the potential defendantbreach the duty of care? Explain your answer with reference to relevant case law and statutory provisions.
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