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Mickey Pearson has long been interested in developing a chain of boutique ebike sales and repair outlets in Perth's coastal suburbs. as he feels the
Mickey Pearson has long been interested in developing a chain of boutique ebike sales and repair outlets in Perth's coastal suburbs. as he feels the location offered a business opportunity and the lifestyle he was accustomed to. He had previously owned a small bike saleslrepair store in Swanbourne which had appealed to local people in particular due to the quiet ambience and small size rather than larger, busier and formulaic bike retailersfrepairers. Although often challenging, Mickey enjoyed the experience of owning a business and interacting with customers. In particular. he enjoyed helping protect the environment which riding ebikes promotes. After contacting several prominent local real estate companies. Mickey has decided to engage prominent estate agent, Fletcher, who has built up a long standing and solid reputation and is a multiple industry award recipient. He enquired of Fletcher whether he knew of any suitable building sites listed for sale where Mickey's preferred developments could take place. Mickey required each site to be at least 150 square metres in size for construction purposes and he also needed to ensure that there would not be any significant zoning or approval restrictions on the sites which would add expense and time delays to the process. Mickey was condent that Fletcher is the right agent to streamline the purchasing process and sent him an email outlining his requirements. The following day. Fletcher emailed Mickey and said that once he located the right sites. the construction would be little more than a formality as he was an expert in the local area zoning and other council requirements and there would not be delays or added costs. He sent a follow up email the next morning with 3 recommended sites in Mickey's preferred areas. As the purchase cost of the land holdings would be significant, Mickey advised his accountant, Raymond Smith, to proceed and buy the sites Fletcher had recommended in Cottesloe, Fremantle and Floreat which were all ideally sized at between 15D and EDD square metres. Within nine months however, Mickey was caught up in financial distress due to a series of expensive legal actions against the local area council in each of the three suburbs due to administrative obstacles particularly zoning complications. As a result, Mickey is now at risk of bankruptcy due to the resulting delays and legal expenses that have occurred. Question: Using the at step process, advise Mickey on whether he can sue Fietcher for negiigent misstatement for his comments about the sites and whether you think he can succeed. Note: Consider this question using the common law. There is no need to examine statutory law such as the Austraiian Consumer Law
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