Legal Case Study

2759 words 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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 Contributory negligence to plaintiff
Contributory negligence applies to cases where a plaintiff has, through his own negligence, contributed to the harm he suffered.
In the case, the defendant, University of Kew has every reason to prove the negligence of Brad for following two reasons, leading to the reduction of the amount of damages.
Firstly, the defendant is able to prove that:
In the advertisement, it has been articulated that the accreditation application was pending and Brad should have noticed the content in the footnote. Moreover, when there was a rumour circulating among students and Brad’s friend warned him, Brad was supposed to question and check whether the course had been accredited by the accountancy professional. However, Brad ensured himself that there were no problems of the course. Brad should have taken common and ordinary caution and corresponding actions to protect his rights: ask for confirmation from the university about the accreditation of the course and seek for potential damages as early as possible.
Obviously, in this case, Brad should bear the contributory negligence.
To sum up, Brad has the rights to successfully sue the University of Kew for negligence and obtain damages, compensating for the economic loss. However, Brad’s contributory negligence may result in the reduction of damages, which means


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