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Distinguish between law diminishing returns returns scale
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ANSWER BOTH PARTS
(unless you had valid mitigating circumstances for one of the in-class tests and passed the other – in which case you need answer part (a) only – see note below)
a) Ali sees an advertisement for the lease of a beauty salon and hairdressing business which is located in Covent Garden and is described as ‘The Salon for the Stars’.
On 1st May Ali begins negotiations for the purchase of the lease from Jasmine, who informs him that the average monthly takings for the past three months have been & #163;6,000. This is true, but only because the shop front was used by a film company making several episodes of the soap opera Brookenders Street. Prior to that, the takings have never been more than & #163;200 per month, Jasmine offers to let Ali see the books to verify the figures, Ali declines on the grounds that figures mean nothing to him, but he later sends his accountant to inspect the books. The accountant reports that the business seems to be a sound investment.
Ali buys the business and contracts are signed on 1st July.
However, two months into the contract, it becomes clear that the ‘stars’ are not using the business. Ali mentions this to the owner of the nearby corner shop who tells him that the only time that stars have been seen in the establishment is when the roof fell in a year ago.
Advise Ali as to whether he has a claim for misrepresentation
b) When he bought the business, Ali also engaged Jane, a renowned New York beautician, to cater for the ‘stars’ he was expecting to use his establishment.
Advise Ali as to the damages he may be able to claim from Jasmine in the event that his claim for misrepresentation is successful.
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