Question

1. Jamie approached Jensen, a chartered accountant, and asked his advice as to the financial position and profitability of a business that he was interested in investing. Jensen, prepared a business report for Jamie and concluded that it would be a profitable, secure, and viable investment, in fact Jensen made the comment: “The business is booming and is a gold mine!” which in fact, induced Jamie to enter into the investment. However, in preparing the business report Jensen overlooked the fact that the proposed business to be invested in by Jamie, had not provided sufficiently for bad debts. Thus, on the reliance on Jensen’s statement and business report, Jamie went ahead and invested his money in the business, but within three months the business Jamie invested in was in serious financial difficulty and Jamie was in serious danger of losing the majority of his investment.

Does Jamie have any claim against Jensen in this situation? Explain in detail outlining the elements of negligence by the professional Jensen. Using at least two case law to support your arguments

2. Discuss some of the types of problems that can arise in Contract Law for consumers that use electronic commerce (e-commerce)?

Answer 1

Answer :

1)

* For this condition, Jamie had depended upon the virtuoso data upon Jensen for his central structure.

Considering Jensen's ruler course, Jamie would have taken his decision about the business. Fittingly Jensen had a standard duty of care for Jamie.

At any rate as gave for the condition, Jensen cleared how the business was not offered enough to perplexing obligations.

This is an occasion of virtuoso nonappearance of regard.

The central bits of virtuoso remissness are as showed up by the going with:

* Duty of the expert (Jensen for this condition) to use his getting, limits, authority as people from his zone

* Breach of that commitment

* causal association between the mammoth and injury caused to the client

* Actual trouble or peril caused to the client

In this given case, Jensen was the CA on whose data Jamie was basing his business decision.

The commitment of cleaned approach of the CA is clearly present for this condition.

By vindicating the upsetting duties, Jensen entered his duty.

Jamie was as a last resort subordinate upon Jensen's setting out toward his business.

Accordingly there was a causal association between the information and the injury. In like manner, there was a primary load in business caused to Jamie.

As such this is an away from of virtuoso nonattendance of care and the stunning presentations of obligation of care in like way as vicarious risk will be insisted in the given case and Jamie will have full rights to sue Jensen.

2 )

by using e commerce some problems are arised in contract law for consumers

they are  

* danger to information insurance

* danger to installment security

*danger to the attack of security

* unjustifiable agreement terms

* danger to information insurance :  the information of consumer may get compromised and reveled to other one ( outer entities )

* danger to installment security : the payment information of the consumer in e - commerce transactions are  not so safer .

* danger  to the attack of security : the right to privacy of the consumer may get breaked in e commerce transactions

* unjustifiable agreement terms : the consumer may get cheated by the e commerce company , like more price for the delivery and rules .

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