Using IRAC methods, discuss if Hari (defendant) owes Anika a duty of care.

Guidance:

1. The neighbor test

2. Reasonable person test

K BUS107 T1 2023 Assessment 2 Case Study Hari is a business manager for a financial services company. The company offers investment advice to its clients and is highly regarded for its expertise in the field. Hari is responsible for providing clients with advice on investment opportunities and helping them make informed decisions about their investments. One of Hari's clients, Anika, is interested in investing in a new technology start-up that has recently gained a lot of attention in the media. Anika approaches Hari for advice on whether this investment opportunity is a good fit for her portfolio. Hari reviews the information available about the start-up and advises Anika that it is a sound investment with strong growth potential. Based on Hani's advice, Anika invests a significant amount of money in the start-up. However, a few months later, the start-up files for bankruptcy, and Anika loses her entire investment. Anika contacts the company to complain and requests compensation for her losses. The company investigates and discovers that the start-up was in fact a high-risk investment that was not suitable for all clients, including Anika. Hari is interviewed and admits that he did not thoroughly research the start-up and that he made the recommendation based on limited information. Anika decides to take legal action against Hari and the company for negligent misstatement. She argues that Hari, as a business manager, owed her a duty of care to provide accurate and reliable information about the investment opportunity, and that his failure to do so has caused her financial loss. Hari, on the other hand, argues that he made the recommendation in good faith based on the information available at the time and that he did not intentionally mislead Anika. Advise Anika what she will need to prove in court if she wishes to successfully sue Hari for negligent misstatement and whether there are any defences Hari may seek to rely upon. Use the IRAC method to structure your answer. Document Classification: Public