Advise Romeo Constructions whether the local council owes Romeo Constructions a duty of care in the tort
Question:
Advise Romeo Constructions whether the local council owes Romeo Constructions a duty of care in the tort of negligence. Do not discuss other elements of the tort of negligence when answering this question. Please ensure that you use relevant legal principles and authority in support of your answer (ie. Cases and/or legislation). (5 marks)
Romeo Constructions is a property developer. Before acquiring a substantial property in the city for the purposes of redevelopment into new apartments, Romeo Constructions contacts the local council to obtain copies of zoning restrictions. The council provides Romeo Constructions with details of the zoning restrictions for the wrong property by mistake. Romeo Constructions purchases the block, but later discovers that it will not be able to develop the property as planned due to heritage restrictions that prevent the existing building from being demolished. There are also strict requirements that must be met for any changes to the building. Romeo Constructions would not have purchased the block if it had known of the heritage restrictions and the amount that it paid for the property was $900,000 over the property's true value as a result of the council's mistake.