Principles of Tort Law-Free-Samples for Students-Myassignement

Question: Advise Tom whether he has a cause of action in negligence against Stephen. Would your advice be different if Stephen had provided the advice in his office, at a scheduled appointment? Answer: Ownership of a property under strata is usually shared through owners corporation while properties adjoining are bought under a limited strata title since they share common areas like land, roof, driveways, lifts and gardens. In this case, Stephen, an experienced conveyance and a golfer gave advice to Tom who later incurred additional costs in relation to the strata[1]. Strata properties require the owners to contribute a levy that covers expenses of maintaining the property. The costs involved should also be in full disclosure. When Tom tries to sell his unit but the purchasers want a price reduction to compensate for additional levies. Tom can take legal action against Stephen for negligence. Firstly, there was no full disclosure or maximum disclosure of information including, levies and insurance coverage[2]. Tom incurred losses after relying on professional advice from Stephen. In English law, professional negligence is a general rule subset. The usual rule relies on establishing a duty of care which is owed to the person seeking the professional advice. Stephen is in breach of that duty[3]. Tom has incurred a loss after buying the strata property. He can sue Stephen because Stephen comes to the golf club to meet people and discuss business since he is in conveyance. Stephen cannot defend himself that the golf course is an unofficial setting. It is his sole purpose to give professional advice for people to buy the strata properties without withholding any information. Even if Stephen was in his office, h e will also be sued since he is expected to be professional and to give professional advice at all times[4]. 1 Albert L Cohn and Barry A Knopf,Professional Negligence(New Jersey Institute for Continuing Legal Education, 2001). 2 Gert Bru?ggemeier,Common Principles Of Tort Law (British Institute of International and Comparative Law, 2006) 3 Mark Geistfeld,Tort Law (Wolters Kluwer Law Business, 2008). References Bru?ggemeier, Gert,Common Principles Of Tort Law (British Institute of International and Comparative Law, 2006) Cohn, Albert L and Barry A Knopf,Professional Negligence(New Jersey Institute for Continuing Legal Education, 2001) Geistfeld, Mark,Tort Law(Wolters Kluwer Law Business, 2008)