Taxation Law

Introduction This assignment contains seven situations; each situation reflects the germane(predicate) sound necks on itself. The following part is going to list and argue all the relevant legal issues, including remedies, arising in those situations. touch 1 The issue in this situation is: whether Harbinger demesnes Pty Ltd, that provided a brochure on the post, misled Albert and clementine tree in get the property. In this case, the relevant uprightness is s52 in Trade Practices motion: misleading and deceptive take in; it also cigaret be identified as s53A in Trade Practices moment: False histrionicss concerning land. The brochure stated the property had planning consent to extent, but actually the planning employment had non approved yet. S52 provides that “A corporation shall not, in barter or commerce, engage in postulate that is misleading or deceptive or is seeming to mislead or deceive.” S53A prohibits the reservation of certain glum delegacys and other unfair conduct in connection with the sale or grant of an interest in land. Harbinger Estate esteem 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 commission with sale of an interest in land: Given v Pryer.

Harbinger Estate Pty Ltd has misled Albert and clementine by keeping secrecy 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 conduc! t and false representation on land and the issue of indebtedness 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 insufficiency to get a full essay, order it on our website: BestEssayCheap.com

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