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This is a TORT case study, and I need help outlining the legal issues within the case along with the appropriate Civil Liability Act 2003

This is a TORT case study, and I need help outlining the legal issues within the case along with the appropriate Civil Liability Act 2003 (Qld) and the supporting common law

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EVPO'I'HEHCAL ILAC QUESTION: Plaintiff Victoria 8: AnniIa V Bob Surething Victoria Jennings was severely injured in a car accident in 2015. As a result of her injuries Issue Victoria will become more disabled as she ages, and her health and mobility will deteriorate over time. Given her injuries Victoria has a residual earning capacity of $500 a week and a 1- working life which will end at 50 years in December of 2041. At the hearing of Victoria's personal injuries claim she was awarded damages of $2.75 million, the bulk ofwhich related '3'" to present and future medical and associated expenses of 1.7 million. Lacking any investment expertise or experience, on receiving her damages award, Victoria engaged a m financial planner, Bob Surething to advise her on how to manage her present and future finances to ensure that she is p_ pay her current and future medical expenses. Bob operated his nancial advisory uslness through a company called Worthwhile Investments Pty Ltd (Worthwhile Investments]. 2. _[_J_n_t_h_e_l_)_ajs_o_f Bob's advice, Victoria invested S2million in a share portfolio. The remaining SFSUJJUU was spent in paying off the mortgage on Victoria's house and making home modications to accommodate Victoria's injuries. . Common Law . Initially the share portfolio grew in value with Bob valuing Victoria's portfolio at 2.4 million in 2013. Victoria's mother, Anita, was very interested in the value ofVictoria's share portfolio. Anita would regularly ask Victoria what shares Bob had recommended Victoria invest in. Anita would then buy the same shares in her name. Victoria requested on a fa_i_r_ly_r_egu_la_r_ basis that Bob provide funds to her from her share portfolio so that Victoria could fund her own start up businesses. Unfortunately, none of the start- ups were successful partly because of limitations caused by Victoria's injuries. By the end of 2020 Bob told Victoria the value of her share portfolio had dropped to $1.5 million, in part because of Victoria's borrowings from her share portfolio to fund her failed startups and in part because of the continued decline in the value of shares held in Tourism and Accommodation companies in Victoria's portfolio. In 2021 the value of the portfolio continued to decline. Victoria ended Bob's appointment as her financial advisor in November 2021. In 2022, Victoria commenced proceedings against Worthwhile Investments, claiming that Bob Surething is liable in negligence. Victoria claims that Bob has breached his duty to her on two counts. Firstly, by not warning her against borrowing money from her share portfolio and investing in a__nu_r_n_bl_e_r__qf failed start-up businesses. Secondly by retaining shares in Tourism and Accommodation companies when Australia and the World was experiencing a COVID Pandemic, preventing domestic and international travel to a large extent. Victoria's mother Anita has joined Victoria in claiming that Bob Surething is liable in negligence as Anita relied upon his advice in purchasing Tourism and Accommodation company shares and has suffered financial losses by doing so. Worthwhile Investments argue there is no duty owed by Bob to Victoria to oversee her spending and no duty owed by Bob to Anita as Bob was unaware that Victoria was sharing her personal investment plan with Anita. Victoria and Anita come to you for advice on whether each has a claim in negligence against Bob Soreiing. Please restrict your answer to discussion of the Civil Liobil'ityAct 2003 [Old] and the supporting common law that was discussed in the [Torts Law Parts 1 and 2) lectures and associated workshops. " END OF HYPOTHE'I'ICAI. FACTS "

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