Advise xyz bank whether it can succeed in suing harry

Assignment Help Business Law and Ethics

Reference no: EM131846722 , Length: word count:1500

Question 1

Katie was driving her new car along busy George Street in Parramatta during peak hours when she knocked into Max, a pedestrian. Max was walking along George Street when he stopped at the corner of George and Smith Street and crossed the road without waiting for the traffic light to change. Neither Katie nor Max took any evasive action. Max could easily see Katie approaching but decided to cross the road anyway. Katie had taken her eyes off the road for a few seconds to text her friend whilst driving and she could not step on her brakes in time to

avoid knocking down Max. Max has a fractured leg and has a gash on his head. Max is suing Katie for the injuries he has suffered as a result of the accident. Rita who was at the traffic lights when the accident happened witnessed the accident. Rita has had a nervous breakdown and now has a phobia about crossing the street which severely limits her social life. Rita is suing Katie for damages.

Advise Katie, Max and Rita of any rights they may have in this situation and if Katie will be liable under the Tort of Negligence ONLY, giving full legal authority for your answers.

Question 2

Robbie required some additional capital for his business. He applied for a $250,000 term loan from XYZ Bank which was to be a secured by a charge on his vacant land. To obtain this loan amount, Robbie asked his friend Harry, the sole proprietor of a licensed land appraisal and valuation firm, ABC Appraisals, to value his land at $850,000 instead of the real value of
$200,000. Harry prepared a valuation report stating the value of the land as $850,000 and gave it to Robbie. XYZ Bank did not make any site visit because Robbie's land was about 300 kilometres away. Although ABC Appraisals was not on XYZ Bank's panel of valuers, XYZ Bank relied on the said report because ABC Appraisals was a reputable firm. The bank advanced $250,000 loan to Robbie. Robbie suffered some financial losses in the first year and defaulted in repayment of the loan. XYZ Bank sued him for the repayment of the loan. A court order for the sale of the land to recover the loan was granted in XYZ Bank's favour. Robbie's land was eventually auctioned off at $180,000.

Advise XYZ Bank whether it can succeed in suing Harry from ABC Appraisal for damages allegedly caused by the land valuation. What would XYZ Bank need to prove in order to succeed? Consider all relevant common law and statute law applicable in relation to the Tort of Negligence in your answer.

Referencing: Harvard

Reference no: EM131846722

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Reviews

len1846722

2/3/2018 3:00:10 AM

High distinction (85%+) The student’s performance, in addition to satisfying all of the basic learning requirements, demonstrates distinctive insight and ability in analysing and applying relevant skills and concepts, and shows exceptional ability to synthesise, integrate and evaluate the law. The student’s performance could be described as outstanding. I have attached the assignment file, Can you guys please follow Business Law by Andy Gibson 10th edition basically the assignment on Tort of Negligence . please get back on this that you guys can do it or not how much that would be.

len1846722

2/3/2018 2:59:57 AM

Fail (0-49%) The student’s performance fails to satisfy the learning requirements specified. For example, poor knowledge or application of the law, irrelevant discussion, poor standard of presentation and inaccurate referencing. Pass (50- 64%) The student’s performance satisfies all of the basic learning requirements specified and provides a sound basis for proceeding to higher-level studies in the subject area. The student’s performance could be described as satisfactory. Credit (65- 74%) The student’s performance, in addition to satisfying all of the basic learning requirements specified, demonstrates insight and ability in analysing and applying relevant skills and concepts. The student’s performance could be described as better than competent. Distinction (75-84%) The student’s performance, in addition to satisfying all of the basic learning requirements, demonstrates distinctive insight and ability in analysing and applying relevant skills and concepts, and shows a well- developed ability to synthesise, integrate and evaluate knowledge. The student’s performance could be described as distinguished.

len1846722

2/3/2018 2:59:49 AM

Word length A word limit of 1500 words has been set, which excludes footnotes, titles and headings. The word limit will be strictly enforced. There will be a 1- mark penalty for every 100 words in excess of the word limit – or part thereof. For example, an essay that is 1,851 words long will be deducted 4 marks. Please remember that this essay has been structured so that a well- considered and scholarly written essay may be achieved within the prescribed word limit. Format There are strict formatting requirements with which students are required to comply. The unit coordinator reserves the right to refuse to mark essays that are not submitted in accordance with formatting requirements: ? Do not manipulate the margins of the page. ? Use Arial 12-point font. ? Essays must be one and a half spaced or double spaced. ? Ensure your full name and student number appears on the footer of each page. ? Number all pages consecutively. ? Provide a reference list or a bibliography.

len1846722

2/3/2018 2:59:43 AM

2. Apply common law and statute law to tortious, contractual, consumer and agency relationships to resolve legal issues. 3. Examine the various business entities and their ongoing legal responsibilities to solve practical legal problems. Presentation & style: ? organises a clear and coherent essay; ? writes clearly, accurately and is grammatically correct; ? punctuates appropriately; ? reference all sources according to the Australian Guide to Legal Citation (see ‘Referencing’ below) or in accordance with the referencing style adopted by the school that provides the course.

len1846722

2/3/2018 2:59:37 AM

? Make sure you submit a final version of your essay, as there will be no resubmissions after the due date without a penalty applying. ? Do not submit the essay by e-mail under any circumstances. ? Students MUST KEEP A HARD COPY of the essay identical to the one submitted to Turnitin. Return of assessment material No hard copies of the Essay will be returned in class. Essays can be viewed on vUWS as soon as they are marked. Criteria and general assessment requirements Essay questions are fact based legal problems. The following Learning Outcomes will be assessed in the Essay:

len1846722

2/3/2018 2:59:32 AM

The essay must be completed by each student individually. There will be two problem questions, which will be made available on vUWS. An announcement will be posted on vUWS in Week 5, when the essay questions have been uploaded into the Assessment folder. Students must answer both questions. This assessment task has a maximum of 1500 words. More specific information will be available on vUWS. All students are required to learn how to use Turnitin well in advance of the due date for the essay. Difficulty using Turnitin at the last minute will not be accepted as an excuse for missing the deadline (except in the event of a verifiable problem with our systems at the relevant time). You may resubmit your papers to Turnitin as many times as you wish before final delivery. However, bear in mind that it can take up to 24 hours for a fresh Turnitin report to be generated – so plan ahead to allow yourself time to work on your paper again after the first Turnitin report and still have time to resubmit for another report (or to do this as many times as you wish).

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