Essay about Legal Case Study

2767 Words Oct 17th, 2012 12 Pages
Q1 Advise Brad as to his rights against the University of Kew
Brad could sue the University of Kew in negligence, contract and misleading.少写了consumer contract
Action against University of Kew in negligence
 Pure economic loss
In this case, Brad suffered pure economic loss. Brad completed the course but finally did not become either a CPA or CA on the basis of his Doctor of Accountancy course. Besides, he could have earned $300,000 a year as a management consultant. What is worse, he went to his former job which salary is still $200,000 and spent two years study and obtained no help for increasing the salaries. Overall, he suffered financial loss from the negligent misstatement.
To succeed in a negligence action, the plaintiff must
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 Causation
According to the case of Alexander v Cambridge Credit Corporation Ltd , plaintiff needs to prove on the balance of probabilities that the loss would have been avoided if the plaintiff had not acted on the negligent misstatement. The university owed a liability to Brad because of the breach of duty of care and it is reasonable that the university should compensate Brad for the damage. If the university warned Brad that he might not become either a CPA or CA after his graduation when his application was accepted, Brad might not enrolled in the course and would not suffer from the loss of fees of and would not quit the job which was paid $200,000 each year.
 Remoteness
As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.
 Damages
The aim of damages resulting from negligence is to provide the plaintiff with a lump sum of money that will put the plaintiff in the position that the plaintiff would have been in had

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