Urgh, got a law exam tomorrow... too late to email the lecturer now. 
Basically, in the tort of negligence, you must show that there is a duty of care owed to the part claiming for damages. So, consider this example:
Robyn is a licensed real estate agent and is drinking in a hotel with some friends. She is approached by Fred, who knows her occupation, and he says, "I am thinking of buying that property, 'The Overlook'. What do you think of it?"
Robyn, trying to impress her friends, says: "That property is very good buying at that price. You will double your money in six months."
Acting on this, Fred buys the property. In fact at the time of purchase, the Water Board has decided to build a sewerage treatment works next door. The property falls substantially in value.
Fred wants to sue Robyn for the anticipated loss in profit and the fall in value. Advise him. Would your answer differ if:
a. the advice had been given in Robyn's office?
b. Robyn had been paid a commission by Fred?
---
So basically, I'm not sure as to whether or not Robyn owes a duty of care towards Fred. Yes, the circumstances were unprofessional, but Fred had relied on Robyn's advice, as a skilled professional, for that purchase.
I'm not too worried about whether or not Robyn was negligent, since the damages were pretty much unforeseeable since the decision to build the sewerage treatment plant occured without Robyn knowing.
Any help appreciated!
Basically, in the tort of negligence, you must show that there is a duty of care owed to the part claiming for damages. So, consider this example:
Robyn is a licensed real estate agent and is drinking in a hotel with some friends. She is approached by Fred, who knows her occupation, and he says, "I am thinking of buying that property, 'The Overlook'. What do you think of it?"
Robyn, trying to impress her friends, says: "That property is very good buying at that price. You will double your money in six months."
Acting on this, Fred buys the property. In fact at the time of purchase, the Water Board has decided to build a sewerage treatment works next door. The property falls substantially in value.
Fred wants to sue Robyn for the anticipated loss in profit and the fall in value. Advise him. Would your answer differ if:
a. the advice had been given in Robyn's office?
b. Robyn had been paid a commission by Fred?
---
So basically, I'm not sure as to whether or not Robyn owes a duty of care towards Fred. Yes, the circumstances were unprofessional, but Fred had relied on Robyn's advice, as a skilled professional, for that purchase.
I'm not too worried about whether or not Robyn was negligent, since the damages were pretty much unforeseeable since the decision to build the sewerage treatment plant occured without Robyn knowing.
Any help appreciated!