This assignment contains seven situations; each situation reflects the relevant sound necks on itself. The following part is going to identify and argue all the relevant legal issues, including remedies, arising in those situations.
Situation 1
The issue in this situation is: whether Harbinger Estates Pty Ltd, that provided a brochure on the post, misled Albert and clementine tree in purchasing the property.
In this case, the relevant uprightness is s52 in Trade Practices Act: misleading and deceptive take in; it also can be identified as s53A in Trade Practices Act: False histrionicss concerning land. The brochure stated the property had planning permission to extent, but actually the planning employment had non approved yet.
S52 provides that “A corporation shall not, in barter or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.” S53A prohibits the reservation of certain false representations and other unfair conduct in connection with the sale or grant of an interest in land. Harbinger Estate Pry Ltd should not mislead Albert and clementine in the purchasing: Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd, and should not snitch a false representation with sale of an interest in land: Given v Pryer.
Harbinger Estate Pty Ltd has misled Albert and clementine by keeping silence when they knew the planning occupation not been approved. The brochure that be provided by Harbinger Estate Pty Ltd, it do a false representation concerning the planning permission of the land. This because results in a misleading conduct and false representation on land and the issue of liability arises.
As in Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd, Harbinger Estate Pty Ltd breached s52 and s53A. Silence could be misleading/deceptive as seller knew that planning application not been approved and gave a false impression to the buyer.
Albert and Clementine can sue Harbinger Estate...If you want to get a full essay, order it on our website: Orderessay
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