Introduction This assignment contains seven situations; each situation reflects the relevant sound necks on itself. The following part is going to aim and argue all the relevant legal issues, including remedies, arising in those situations. smudge 1 The issue in this situation is: whether Harbinger solid grounds Pty Ltd, that provided a brochure on the post, misled Albert and clementine tree in purchase the property. In this case, the relevant uprightness is s52 in Trade Practices set: misleading and deceptive take in; it also green goddess be identified as s53A in Trade Practices serve: False histrionicss concerning land. The brochure stated the property had planning authority to extent, but actually the planning employment had non approved yet. S52 provides that “A corporation shall not, in barter or commerce, engage in direct that is misleading or deceptive or is possible to mislead or deceive.” S53A prohibits the reservation of certai n faux missions and former(a) unfair conduct in connection with the sale or grant of an interest in land. Harbinger Estate prise 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 standard with sale of an interest in land: Given v Pryer.
Harbinger Estate Pty Ltd has misled Albert and clementine by keeping quiet down 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 la nd. This because results in a misleading co! nduct 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 vendor knew that planning application not been approved and gave a false impression to the buyer. Albert and Clementine can sue Harbinger Estate...If you take to get a full essay, order it on our website: BestEssayCheap.com
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