Highlights
Question 1
Peter operates a butcher shop as a sole trader. He decides to invite Richard, a fellow butcher to become his business partner. Peter and Richard would like to form a company although they are open to any other suggestions on how best to structure their business. Compare and contrast the advantages to Peter of operating as a company as opposed to remaining a sole trader or forming a partnership with Lionel.
Question 2
Frank decides to buy land in rural New South Wales. He visits a real estate agent and asks the agent a range of questions about the land. For instance, Frank intends living on the property as a semi-retired person and will agist cattle as a hobby (allow cattle on the property) from any interested neighbours. He is concerned about the number of cattle that the property will support.
He asks the agent, ‘Will the property support five hundred head of dairy or beef cattle?’ The agent replies without concern, ‘Oh, yes, easily’.
A second concern is that there needs to be a permanent water supply for the house. There is a stream on the land and the agent takes him to have a look. Frank asks, ‘Has the creek ever run dry?’ The agent replies, ‘No way, mate. It’s the north coast of New South Wales and no waterway here ever runs dry!’
After completing the purchase of the property, Frank discovers that the property can only support about two (200) hundred cattle.
Also, within one year a drought in the area deepens and the creek runs dry and Frank has to spend considerable amounts to provide water for the house and for the cattle. One of his neighbours informs him that this is a common problem on the property.
1. Explain the legal issues and any breaches of the relevant legislation.
2. Explain what action, if any Frank can take against the real estate agent including the remedies available to him.
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