Ali Case Study - A Licensed Conveyancer - Law Assignment Help

Assignment Task:

1. Ali (a licensed conveyancer) built up a successful conveyancing business ‘Conveyancing-is-us’ in Melbourne and was then able to open a second office in Geelong. Ali employed Brendan (also a licensed conveyancer) to manage the day to day operations of the Geelong office.

Carol was in negotiations to purchase a second property in Geelong and entered into a contract with ‘Conveyancing-is-us’ Geelong office to act on her behalf. During an appointment with Brendan to discuss the details of the purchase Carol asked Brendan about the tax implications of buying a second property. Brendan advised Carol that for tax purposes Carol should put the property in her husband’s name only. Ali was unaware that Brendan had offered Carol this advice.

Carol went ahead with the purchase and followed Brendan’s advice to put the property in her husband’s name only. Two years later Carol and her husband divorced and as part of the property settlement the courts awarded Carol’s husband sole ownership of the Geelong property.

By that time Brendan had left the conveyancing profession and was working as a casino croupier on a cruise ship in the Caribbean. Carol commenced proceedings against Ali for the loss of the property claiming Ali was vicariously liable for Brendan’s negligent actions in providing advice he was not qualified to give.

In relation to the case study, explain vicarious liability. (120-150 words)

2. What is a tort and how are they created? Provide 3 examples of torts and give a short description of each one. (120-150 words)

3. Discuss the difference between negligent misrepresentation and negligent misstatement. (150 words)

4. There are 2 important parts to a judicial decision. Explain the ratio decidendi and the obiter dicta. (120-150 words)

5. Explain the impact of s 18 of the Australian Consumer Law on the law of negligence. (150 words)

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