PROPERTY LAW AUSTRALIA

Aladdin wanted to buy a second retail business which included the purchase of the property from which the business operated. Aladdin therefore sought the advice of Jasmine, an accountant and business adviser employed by Jafar Consulting. Jasmine advised Aladdin to take advantage of the public's huge interest in home improvement and purchase the Old Lamp Hardware Shop. Jasmine told Aladdin that the business was very financially successful and had been for 20 years. Jasmine also told Aladdin that the land upon which the business was operating could easily be subdivided so that Aladdin could build and lease out further retail premises. Aladdin, relying on Jasmine's advice, purchased the land and business for $1.8million.

Sadly for Aladdin, after 6 months, the Old Lamp Hardware Shop is losing money. Aladdin has lost the purchase price and has had to mortgage the land to keep trading. An enormous new Bunnings Hardware store opened across the road 2 months after Aladdin had bought the Old Lamp Hardware Store. Aladdin had discovered that this, together with two years of poor financial performance is why the previous owners were selling. Aladdin has also discovered this was common knowledge in the hardware and retail industry and that Jasmine should have known this. Aladdin has also discovered that subdivision of the land is not permitted under current planning laws.

Aladdin contacted Jasmine and demanded a meeting. Jasmine went to meet Aladdin at the Old Lamp Hardware Shop but on entering she slipped over on a scattering of loose nails which had fallen from their display 4 hours earlier. Unfortunately, whilst another person may simply have been bruised, Jasmine has suffered fractures to both ankles and hips and one of her wrists because of a pre-existing bone condition of which Aladdin was unaware. Aladdin does not think he should be held liable for Jasmine's injuries.

In the circumstances, what insurance would have been commercially and legally useful to Aladdin, Jafar Consulting and Jasmine? Give reasons for your answer.