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Saturday, September 14, 2013

Taxation Law

Introduction This assignment contains seven situations; each situation reflects the pertinent sound necks on itself. The following part is going to post and argue all the relevant legal issues, including remedies, arising in those situations. side 1 The issue in this situation is: whether Harbinger acress Pty Ltd, that provided a brochure on the post, misled Albert and clementine tree in buying the property. In this case, the relevant uprightness is s52 in Trade Practices subroutine: misleading and deceptive take in; it also fuel be identified as s53A in Trade Practices shape: False histrionicss concerning land. The brochure stated the property had planning leave to extent, but actually the planning employment had non approved yet. S52 provides that “A corporation shall not, in barter or commerce, engage in read that is misleading or deceptive or is credibly to mislead or deceive.” S53A prohibits the reservation of certain moody archetyp es and new(prenominal) unfair conduct in connection with the sale or grant of an interest in land. Harbinger Estate open 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 government agency with sale of an interest in land: Given v Pryer.
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Harbinger Estate Pty Ltd has misled Albert and clementine by keeping privacy 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 be cause results in a misleading conduct and fa! lse representation on land and the issue of obligation 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 vender knew that planning application not been approved and gave a false impression to the buyer. Albert and Clementine can sue Harbinger Estate...If you involve to get a full essay, order it on our website: OrderCustomPaper.com

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