Chapter 3 Case Studies Essay

Submitted By wowitsryu
Words: 1711
Pages: 7
Open Document
Chapter 3 case studies

L Shaddock and Associates Pty Ltd V Parramatta city council
Shaddock was a land developer interested in buying land in Parramatta
Shaddock inquired to the council if there was plans which might affect the property
The council replied in the negative.
The council in fact did affected the property
Shaddock argued that the council owed it a duty to take reasonable care in responding to shaddock’s enquiry.
The council did owe a duty of care to shaddock, they breached its duty and was liable to compensate

Tepko Pty Ltd v Water Board
Tepko owed some rural land which it wished to subdivide
Tepko needed to connect to local water supply, but water board would not supply a estimate on the cost
The water board provided an estimate as Tepko needed it for the bank
The board was not aware that the information was going to be used by the bank nor did they know the bank was threatening with receivership
Tepko sued to board for negligence
Did the board owe a duty of care to Tepko?
The board owed no duty of care to Tepko as the board did not know how the information was going to be used

Esso Petroleum Co Ltd v Mardon mardon taken the lease of a petrol station from Esso.
Esso states that it would sell 200 000 gallons of petrol in three years, but it actually sold a bit less that 70 000
Esso failed to revise its estimate in the light of the altered predictions
Esso used for breach of the lease
Mardon counter-claimed from negligent misrepresentation
Did Esso owe a duty of care to mardon in making pre contractual representation
Mardon succeeded on both claims. The prediction made by Esso was a term of the contract and therefore mardon could sue for breach of contract Esso ha been negligent in giving that advice
Mardon had reasonably relied on it and therefore mardon could sue for damages in tort for negligence

Esanda Finance corporation Ltd v Peat Marwick Hungerford
Peat Marwick was the auditor for a company called Excel Finance Corporation
As auditors, PHM certified the account of excel
There was no suggestion thath the audit had been done specially for esanda
Esanda claimed that the audit had been done negligently
Did PMH owe a duty of care to esanda in auditing Excel’s accounts?
The court found that PMH owed no duty of care to esanda
The fact that auditors were aware their audits would be relied upon was no sufficient to establish a duty of care

R Lowe Lippman Figdor & Franck v AGC (Advances) Ltd
AGC was a finance company and the main creditor of Lyvetta Pty Ltd.
Lowe Lippman were auditors to Lyvetta
The auditors replied to AGC that profits would be lower and they didn’t disclose any other information
Lyvetta went into liquidation
Did lowe Lippman owe a duty of care to AGC in providing the audited accounts
The supreme court decided in favour of the auditor on the basis that
The only representation made by the auditors was the signed account
There was no evidence that the purpose of the auditors in making the representation was to induce AGC to act on the representation
The fact the the auditrs knew or ought to have known AGC was likely to rely on the representation was no sufficient to impute an intention to induce

Bathurst Regional Council v Local Government Financial Service Pty Ltd
Had ABN and/or S&P breached their duty of care/or engaged in misleading negligent conduct?
S&P argued that even if it was negligent, the principle from the Esanda Finance case applied and as a consequence it did not owe a duty to investors
Both ABN and S&P were held to have breached the duty of care they owed to the council. They were also held to have engaged in misleading or deceptive conduct
They were ordered to pay damages

Hedley Byrne & Co Ltd v Heller & Partners Ltd
Hedley Byrne was an advertisement agency. Byrne asked it bank to get a reference form their bank as financial security.
There was a disclaimer when the letter came
Hedley Byrne relied on the reference and lost considerable amount of money when Easipower
Show More

Related Documents: Chapter 3 Case Studies Essay

Chapter 3 Bec Case Study Answers Essay

Assignment #3 – Marked by Quiz 3 Feb. 16, 2005 Reading: Chapter 3 Assigned Questions from Text: BEC Case Study pp 113-117 Answer all of the questions about BEC: Broadway Entertainment Co., Inc. Case Questions 1. The System Service Request (SSR) submitted by Carrie Douglass (BEC Figure 3-2) has not been reviewed by Professor Tann. If you were Professor Tann, would you ask for any changes to the request as submitted? If so, what changes, and if no changes, why? Remember, an…

Words 1490 - Pages 6

Pacing Guide Community Health And Population Focused Nursing V1 Essay

Pacing Guide: Community Health and PopulationFocused Nursing Week 1–3 4 5 Topic Summary of Resources and Activities Preparing for Success 1. Read Introduction 2. Review Learning Resources 3. Review California Student Additional Requirements for this course Epidemiology 1. Read specified pages of chapter 9 and complete the activity “What Would you Do?” 2. Watch “Determinants of Health” 3. Complete Lesson 1, Lesson 4, Lesson 6, Lesson 7, and Lesson 8 in Course Connect 4. Read Morbidity and…

Words 687 - Pages 3

Dissertation Guide Essay

THE DISSERTATION CHAPTER 1 INTRODUCTION TO THE STUDY Background This section should be approximately 2-5 pages of background narrative, citing literature as appropriate and needed. You have two purposes in this section: (a) grab your readers’ attention and (b) enlighten your readers about the thrust of the study and its importance. Conceptual Underpinnings for the Study Reread your Chapter 2 to see if you can determine a theoretical or “quasi-theoretical” base for the study. The conceptual framework…

Words 2916 - Pages 12

Principles Of Macroeconomics

Course Title | Introduction to MacroeconomicsSpring 2013 | CourseProvider | Faan Louw | TeachingLanguage | English | Level of Students | Grade 1 | Course Duration | 48 hours | Code | UY122 | Credits | 3 | Category | Economics | Objective & Overview of the Course | This course sets the foundation of learners’ understanding of the principles of macroeconomics, and the role that it plays in economic life as a whole. As such, it describes the vital concepts of macroeconomics. Specifically…

Words 1395 - Pages 6

Syllabus: Management and Case Study Essay

Lecture Time Mon Wed 4:05-5:25pm Mon Wed 2:35-3:55pm Important Note: McGill University values academic integrity. Therefore all students must understand the meaning and consequences of cheating, plagiarism and other academic offences under the Code of Student Conduct and Disciplinary Procedures (see www.mcgill.ca/integrity for more information). COURSE RELATED INFORMATION PERFORMANCE EVALUATION 5 Assignments (the best 4 of them will be graded) 1 Case Study Reports Midterm Exam Final Exam 16% (4*4%)…

Words 1871 - Pages 8

Essay about lab 1

and epidemiological study designs. Principles of Epidemiology 211 will meet twice a week. Classes will include lectures, group discussions, and applied activities such as case studies. Active participation is expected of students during class. Assignment types will vary, including individual and group assignments and calculation-based problems. Credit and workload: PH 211 is a 4-credit course. In addition to 2.5 hours of in-class time, you will be spending a minimum of 2-3 hours per week in preparation…

Words 1210 - Pages 5

Essay about Course Outline Fall 2014

factors affecting how individuals cooperate with, conflict with, and influence others in organizations. REQUIRED TEXT McShane, Steven L. & Sandra L. Steen. Canadian Organizational Behaviour, 8th. Ed., McGraw-Hill Ryerson Ltd., 2012. *** Please read Chapter 1 of the text before the first class. *** COURSE ASSESSMENT Course Coverage: Individual Behaviour and Performance Work Motivation Theories and Practices Perception, Emotions, and Attitudes Team Dynamics and Effectiveness Power and Politics in Organizations…

Words 1934 - Pages 8

BMA5420 WK 1310 Copy Copy Essay

leadership behaviour. 3. Understanding the organisational environment – The cultural environment within which the organisation operates also impacts upon the way its leaders behave. Culturally, Asia is very different from Europe or the USA or Middle East. The famous GLOBE studies have clearly shown this to be true and how those differences impact leadership effectiveness not just between Asia and the rest of the world, but also within countries in Asia. We will examine the GLOBE studies in great details…

Words 468 - Pages 2

2014 15 Tm4001 Handbook Essays

Module Handbook 2014-15 Module Code: TM4001 Module Title: Marketing Principles Tutor: Jane Martin Seminar Tutors: Terry Smith Contents: Information about the module ……………………………………… page 3 Module Intentions ………………………………………………………… page 3-4 Module Programme ……………………………………………………… page 4 Module Content ……………………………………………………………. page 4-8 Learning / Teaching Methods ……………………………………….. page 9 Assessment Strategy …………………………………………………….. page 9 Reading List ………………………………………………………………….. page…

Words 1913 - Pages 8

Essay about Investment and Case Study Class

Keith C. Brown CBA 6.256 Voice Mail: 512-471-6520 Course Website: via Canvas Office Hours: MW 11:00 am– 12:30 pm or by appointment E-Mail: keith.brown@mccombs.utexas.edu Teaching Assistant: Adam Winegar (Office: CBA 5.334N ; Office Hours: TTh 2:00-3:00 pm) Objective: To become a successful investor, an individual must command a considerable amount of financial market knowledge as well as a wide variety of qualitative and quantitative skills. This course is designed to provide students with a solid…

Words 5860 - Pages 24