problem:

Ellen is a graduate of The College of Alternative Medicine and is looking to begin her own business. She decides to open a meditation studio and looks around the internal city suburb of Paddington for appropriate premises. She eventually finds a perfect terrace house close to Oxford St. (the main street). The owner of the premises is willing to enter a 12 month lease though Ellen asks him to wait for a week and hence she can check with the local council as to the suitability of her business. Ellen attends the council offices and goes to counter marked “Business Inquiries”. She asks some problems of the council employee comprising a problem regarding building work in the area. She states “my meditation studio needs a calm environment is there anything which could cause noise nearby?” The council officer is called away before being capable to answer. Whenever he returns he has a very fast look at the computer and says to Ellen “relax everything will be fine”. Ellen signs the lease the next day though within 2 weeks of opening the meditation studio she sees builders arrive next door. She asks one of them how long they will be working next door. The builder replies “It’s a big job, a total renovation. It must take at least 6 months”. Ellen tries to run her meditation studio however the noise from the building is much stressful on Ellen and her clients. However a month into the building Ellen is so stressed that she develops a nervous disorder which threatens her career in alternative medicine.

Discuss whether Ellen has a claim against the council in relation to the advice she get.

INSTRUCTIONS FOR ASSIGNMENT:

a) Begin your answer to each and every problem on a fresh page.

b) Whenever answering each problem, make sure that you:

• Recognize the issue(s) raised by the facts
• Recognize the relevant legal principles
• Apply the relevant legal principles to the facts
• Reach a conclusion

c) You might, and are encouraged to, hand in an introduction or outline of how you propose to answer the problems and hence feedback will be given to you from the communication and study skills staff before you done the assignment.