Question
Hi, I'm writing about Tort Law ILAC assignment. Could you help me with spelling and wording? Application Suzie contacts Bert, one of Bill's recommendation names,
Hi, I'm writing about Tort Law ILAC assignment.
Could you help me with spelling and wording?
Application
Suzie contacts Bert, one of Bill's recommendation names, to get her new investment advice. Bert looks over the documentation and financial accounts that Suzie provides and discussed some possible investment options. Bert introduced Suzie to CBE (Cat Bowtie Emporium Pty Ltd) with mentioning CBE's financials are sound and 'it's ready to explode'. Suzie was interested to invest and instructed Bert to hold a meeting and complete further analysis on the company. In this case, Bert will owe a Suzie a duty of care if it is reasonably foreseeable that his actions could harm Suzie. Even if there is no direct contractual relationship Donoghue v Stevenson [1932]. According to the Donoghue v Stevenson case, the court adjudicated that the manufacturer has a duty of care to the user of the product. Manufacturers are obligated to pay attention to problems that may arise when consumers use the product. Applying this common law to Suzie's situation, Suzie asked Bert for an investment advice and Bert should have been obligated to pay attention to Suzie's request for research at the same time as responding to the advice. Also, the concept of the neighbour principle is can be applied in this case. The neighbour must take reasonable care to avoid acts or omissions which can reasonably foresee that there is a risk. Since Suzie contacted Bert about her investment and Bert recommended few options, Bert can be defined as a neighbour of Suzie, because Bert can directly affect Suzie's decision making. Bert should have recognised that Suzie was relied on his advice, and he has a duty to protect and care about Suzie's interest as a top priority. Therefore, Bert must take reasonable care to avoid or minimise the risks of Suzie's investment and the nature of the relationship that the law will regard Bert is owing Suzie a duty of care.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started