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Using the scenario, Advise David as to whether he can recover his losses from Adrian applying the elements of tort of negligence and state possible defences from different cases.

Scenario

John wishes to rent a flat. He views 51 Broadway and applies to be a tenant. He completes a form giving his accountant's details. The landlord, David, applies to the accountant for a reference relating to John's financial situation.

The accountant, Adrian, confuses John with another client and does not bother to check the file properly. He replies to David that John is an excellent client with high income and capital and recommends him as a good tenant.

In fact, had he looked at the correct file, he would have seen that John was continuously in overdraft and had been in serious debt with various banks on and off for several years. Some months later, John disappears having taken the flat on and run up several thousand pounds worth of rent arrears.

2 Using the scenario, evaluate the effect of Expressed and Implied terms.

Scenario  (a)

The parties entered an agreement whereby Scammell were to supply a van for £286 on Hire Purchase (HP) terms over 2 years and Ouston was to trade in his old van for £100. There was then some disagreement and Scammel refused to supply the van.

Scenario  (b)

The claimant was a farmer who had a tenancy on the defendant's fields. The claimant had planted corn and Barley on the fields and worked the fields to ensure the crops would grow. Before the field was due to be harvested the tenancy was terminated.

The claimant then submitted a bill to the defendant for the work and cost of seed spent on the field as was customary in farming tenancies. The defendant refused to pay stating there was nothing in the tenancy agreement stating that such compensation was payable.

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