BUSL250 take home exam (1 Viewer)

[ReaveR]

lol I never even heard of profitability report.
We have alot of statements that could show profit and whatnot.
Nothing that predicts the future though. Wouldn't that be nice?

 

[boinkBOINK]

skittled seems so knowledgeable
lol

so ud say a duty of care existed
that there WAS(?) a breach of care?
but then there was no causation?

 

[Orange Juice]

can someone explain 1.5 to me... dont understand what i have to do... the contrast actions part...

i think im going to disagree with skitz for q3... i agree that there was a duty of care, but it wasnt breached... but then again i tend to fail... in life

 

[boinkBOINK]

im sorta seeing with OJ
they did have a duty of care but then i dotn think it was breached cause
they gave everything they were asked of.
and they werent liable to give information on the obvious risks as per the civil liability act.

 

[Orange Juice]

im not sure what cases there are to back it though... boink, help with 1.5 please?

cuz i mean from what i think i should do is say... johnny is a moron and he cant sue them as they only give him numbers.. they didnt say to expand... cuz everyone knows expanding is a risk... which johnny should have known

 

[boinkBOINK]

lol im with you OJ
like i can end the advise in a paragraph even
cause everything i see is against john =\

i havent really done 1.5 oj
im drifting here and there doin bits and parts of each question
i found question 1 pretty hard =\
wasnt clear what each question was asking

 

[Skittled]

i think im going to disagree with skitz for q3... i agree that there was a duty of care, but it wasnt breached... but then again i tend to fail... in life

they did have a duty of care but then i dotn think it was breached...
and they werent liable to give information on the obvious risks as per the civil liability act.

Sorry guys, let me explain; I was tired and not writing properly... just attempted to finish off my Q3 but you just reminded me of obvious risks, Boink! Ta!

I'd say he's got duty. I'd say he's got breach, but I'd not say there's causation, and thus he fails on damages

I meand B owes a duty to J, and there has been no Breach.. however there's problems with causation/damage which make the action fail. That a bit clearer?

can someone explain 1.5 to me... dont understand what i have to do... the contrast actions part...

"Contrast actions" IMO means effectively "explain the differences"... So...
<a href=http://dictionary.reference.com/search?q=contrast target=_new>Dictionary.com: "contrast"</a>
To set in opposition in order to show or emphasize differences: an essay that contrasts city and country life; contrasted this computer with inferior models.

Thus, you're looking to show the difference between 3 things: passing off, infringement of trademarks, and breach of s.52.

 

[boinkBOINK]

steve
if there's been no breach
doesnt that mean the action will fail there also?

 

[Skittled]

Woah. Talk about not with it last night. Beautiful example of priming (Social Psychology concept), there: my thoughts were all skewed by what someone suggested... Everyone just ignore that last message, yeah?

I'm dragging my essay out because if you read into the question, little bits pop up that Ms Blazey has put in, which give strong arguments toward the end. Ie Economic loss can't be speculated. No damages have occurred, caused by competition, and this is too remote from B's statements... As such I'm reluctant to end the argument too early.

Let me start from scratch, Dave. The way I'm setting it up is B has duty to J. Reasoning: Foreseeability and Proximity.

I personally believe that an accountant shouldn't have to be a fortuneteller. However, in my understanding, by the definition of the Law (rather than my judgement), there IS a breach: it wasn't farfetched or fanciful (foreseeability) that the risk of harm existed because B didn't warn J. Sure, J got himself into trouble with investing in businesses (and the nature of business is risky... anyone done economics?) and should have known about the effects of competition, but imagine he didn't.

From there, the four points... don't remember them off the top of my head.. probability, amount of damage, ease of avoiding damage, and social utility... I went through them... Must remember that the breach isn't regarding specifically warning against the shop owners opening up competition, but a general conception of competition and the effect it'd have on profitability.

 

[boinkBOINK]

whoa slow down steve
do come again
so what just happened? lol
u gotta spell it out for me
its all goin over my head

but since its the nature of business for competition
wouldnt that be an"obvious risk" to John?

EDIT
do we need to prove forseeability?
im just reading on page 138 and it says "prerequisites to recovery for negligent mistatements"
and all there needs to be is proximity between the parties?

 

[ReaveR]

Hey, do we need to double space the lines?

 

[Orange Juice]

q2, alternate methods, is there a limit the claim can be? i recall it being around 10k or 5k depending on state? am i right?

 

[boinkBOINK]

you mean the limits under the alternative methods?

 

[Orange Juice]

yep.... there are limits right?
can anyone find the act?
the auslii site is hard to navigate through

 

[boinkBOINK]

i agree with u there on its hard to navigate
i think its in the textbook though on how much the limits are

hey but steve on the issue that the accountant should have told them about competition arising
wasnt he an accountant? and as u said wasnt in a position to be forecasting?
and if u look at MLC Assurance v. Evatt.

 

[Orange Juice]

for q2... are people just talking about court or alternate... or are you talking about both sides?
my friend said in the q it says best way... but down below it says critically analyze

 

[ReaveR]

I talked about both.
I didn't have much to say about courts though.

 

[boinkBOINK]

a question with footnoting
if in the paragraph i write
As in Baker v. Willoughby [1970] AC 467 it could be argued
would i put the footnote number after Willoughby or AFTER 467?
and also
what would i put in the footnote at the bottom? since iv'e already given all the information at the top?


EDIT
anyone got any reasons why u should goto court?
think a few ppl asked this

 

[*hopeful*]

where do u find these cases ?!
ooh im never gonna finish

 

[Orange Juice]

boink should be after 457...
how many cases are people using? i cant find any