Question
Jack Smiththe Real Estate Developer Jack Smithis a real estate developer. He develops residentialtownhousesin theDandenonglocal area. He purchases a large block of land for $2
Jack Smiththe Real Estate Developer
Jack Smithis a real estate developer. He develops residentialtownhousesin theDandenonglocal area. He purchases a large block of land for $2 million and plans to build50 townhouseson the block at a considerable profit. ButDandenongCouncil denies his developmentapplication on the basis of a road widening proposal that will substantially reduce the size of theblockof land. This road widening proposal reduces the value of the block ofJack Smith's land to $1 million.
Jack Smithobtained acouncil certificatefromDandenongCouncil before he purchased theblock of land.He reviews the information in the certificate.If the block of land had been subject to a road wideningproposalthen it should havebeen disclosed byDandenongCouncil in the certificate. There is no such disclosure in thecertificate. AsJack Smithdidn't bother to read the certificate before he purchased the land, he is relievedto find the council has made this
mistake. He secretly knows that ifDandenongCouncil had beencareful and included the road widening disclosure in the certificate, he would not have seen it andgone ahead with the land purchase anyway.
Jack Smithnow wants to sueDandenongCouncil in negligence for economic loss.DandenongCouncilclaims that negligence only applies to physical actions, not written words, and is only applicable tophysical damage to people or their property, not economic loss.
AdviseJack Smith according to IRAC method
Step by Step Solution
There are 3 Steps involved in it
Step: 1
![blur-text-image](https://dsd5zvtm8ll6.cloudfront.net/includes/images/document_product_info/blur-text-image.webp)
Get Instant Access with AI-Powered Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
![blur-text-image](https://dsd5zvtm8ll6.cloudfront.net/includes/images/document_product_info/blur-subtext-image.webp)
Step: 3
![blur-text-image](https://dsd5zvtm8ll6.cloudfront.net/includes/images/document_product_info/blur-subtext-image.webp)
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started