The facts of the case are below, the questions relate to the case. Please please help! Thank you in advance! 1. Is Tasha liable to Anita/Most Photogenic Graduate Faces for the loss of profit of $30,000?Also, discuss any relevant defenses. 2. Assuming that Tasha is potentially liable in negligent misstatement, is Rainbow Pages vicariously liable to Anita/Most Photogenic Graduate Faces? 

 

FACTS: Rainbow Pages is an online searchable directory of local businesses, set up by the Inclusion. Business Pty Ltd. Anita runs a graduation portrait photography business called "Most Photogenic Graduate Faces". She relies on a number of avenues for marketing her business online. Her business has been listed on Rainbow Pages for several years. One day the Rainbow Pages team are moving data across to a new system. One team member, Tasha, makes a small error. As a result, Anita's business is accidentally listed as "Most Photogenic Graduate Faeces". Potential graduates and their families become reluctant to contact the business for their graduation portraits. Within a few weeks Anita notices that she has less than usual customers contacting the business. She doesn't think to check her Rainbow Pages listing because it has been operating successfully for so long. It is only three months later, when Anita receives a regular analytics. report from one of her employees who handles marketing, that she sees that online customer traffic coming via Rainbow Pages is down to zero. She checks the listing and discovers the typo. By this time the impact on Most Photogenic Graduate Faces has been significant compared to the same period of time in the previous year, profits have been down by around $30,000.