Advise sam whether les is likely to succeed

Assignment Help Business Law and Ethics

Reference no: EM133192044 , Length: 4 page

Tort Law

Thomas, a tramway passenger in New South Wales was injured in a collision with another tram, which occurred after the driver collapsed at the controls. Thomas, as plaintiff, argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as ‘dead man's handle', a system in use on New South Wales' trains. This would have stopped the tram and avoided the accident. The device had been rejected by the tramway authorities because it was felt that it could cause drivers to become tired, irritated and inefficient. There was no evidence of any similar device in use on two-man trams anywhere in the world.

After suffering injury in the collision and receiving outpatient treatment Thomas then went home to rest. While at home, Thomas receives a call from the manager of his shop located in downtown Sydney that two individuals have been injured while in the premises - one individual was a paying customer of the shop while the other individual was merely passing through the premises while enroute to school.

Both individuals are now looking to claim against Thomas' business for injuries suffered in the premises and Thomas' manager would like to understand whether there is any difference in the level of duty of care owed to the individual who was a paying customer versus the other individual who was merely passing through the premises.

Question 1: Will Thomas succeed in his claim against the tramway authority? Explain your reasoning generally and by reference to Mercer v Commissioner for Road Transport & Tramways (NSW) (1936) 56 CLR 580.

Question 2: Having established duty, breach and damage, is the tramway authority liable for all the damage suffered by Thomas? Discuss.

Question 3: Does Thomas' business owe a higher duty of care to the individual who was a paying customer in comparison to the other individual who was merely passing through? If you think that a contractual entrant is owed a higher duty of care, or a non-contractual entrant is owed a lower duty of care, explain why. Please make reference to Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7

Contract Law

Mark is an Australian citizen and a businessman residing in Australia. He offered to purchase Rob's house and gave Rob six weeks for a definite answer. Rob, on the basis of Mark's offer, bought another house. Before the six weeks expired, but after Rob had bought the second house, Mark withdrew his offer.

In the course of running his business operations, Mark had been accustomed to dealing with Maddock, the owner of a shop with which he had a running account. Mark recently sent an order to Maddock's shop for the supply of some goods. The shop had that very day been sold to the foreman, Carey, who supplied the goods. Mark used the goods and, when he learned of the change of ownership, refused to pay for them, claiming that he had intended to deal with Maddock personally as he had a set-off (i.e., he was owed money by Maddock) with him.

Mark has a son named Sam who is a teenager. Sam obtained a loan of money from Les by telling him that he was 19 years old when in fact he was only 16. Sam then defaulted on the repayments, and Les, brought actions in contract and tort against Sam to obtain repayment.

Question 1: Is Mark entitled to withdraw his offer to purchase Rob's house?

Question 2: Is Mark liable for the price of the goods owed to Maddock by reference to Boulton v Jones (1857) 157 ER 232 and other applicable legal authorities?

Question 3: Advise Sam whether Les is likely to succeed in his actions.

Reference no: EM133192044

Questions Cloud

Determine which type of intellectual property law applies : William Writer has developed a great idea for a novel. It will feature a young magician named Henry Pryor who attends a special high school for magicians

Describe one planet, asteroid, or comet : Valencia College - You will need to choose one planet, asteroid, or comet that you found interesting and describe the object, where it is located

Content project-mental health in the limelight : PSYC 1101 Grantham University-This project is about bringing awareness of an issue that all of us face. "There is no health without emotional health"

What do you discern about the interdisciplinary nature : What do you discern about the interdisciplinary nature of crafting mission and vision statements by looking across organizations

Advise sam whether les is likely to succeed : BUL 1240 Yale University - Advise Sam whether Les is likely to succeed in his actions and Having established duty, breach and damage, is the tramway authority

Discuss the following - improved diagnostics : The new research must be from a journal article no more than 3 years old and should discuss one of the following: improved diagnostics

How urban growth can affect sustainability : You learned about how urban growth can affect sustainability and how laws and regulations are often used to limit the environmental damage done by sprawl.

Discussion - crafting mission and vision for an organization : Discussion - Crafting a Mission and Vision for an Organization - you examined the mission and vision statements of various organizations

How theory characterize positive sexual functioning : SOCW 6362 Walden University. Provide two examples of how research and theory characterize positive sexual functioning during each stage.

User Account

All Pages