Order ID 6463784949 Type Essay Writer Level Masters Style APA/MLA/Harvard/Chicago Sources/References 6 Number of Pages 5-10 Pages Description/Paper Instructions Please reference using the Australian Guide to Legal Citation (4th ed).
1,500 word limit (10% leeway)
Criteria:
Law and legal reasoning –> Use of IRAC. Identification, understanding and quality of analysis of relevant law and issues, including application of law to facts and logical ordering of issues to present a persuasive legal argument in response to the question.70211 Contracts (Aut 2020)
Major Written Problem-Solving Assessment
Facts/Instructions
Dexter has provided you with the following deposition and instructions.
- Borf is a lawyer who owns a small practice in Infanto, NSW. He also owns and lives in a private home in Infanto that he wanted to sell.
- I’m a real estate agent based in Dragon’s Lair, NSW. I was looking to buy a private home in Infanto.
- On 1 February 2020, a mutual friend – Kimberley – introduced me to Borf at Space Ace, a local bar in Infanto. I mentioned that I wanted to buy a home in the area. Borf invited me to look at his house.
- On 2 February, I inspected Borf’s home. I thought that the house looked sound.
I asked if the house had any problems.
- Borf said, ‘It’s in sound condition, in my opinion. I had a pest and building inspection done about 18 months ago which – if I recall correctly – said that it’s in an ok condition. You can see them if you’d like.’ (Extract of inspection report at Attachment 7)
- I unfortunately didn’t look at the reports at that stage. I said that I would organise my own pest and building inspection.
- We orally agreed that I would buy Borf’s property for $650,000. I agreed to pay a 10% deposit. We agreed that settlement would be four weeks after the deposit was paid. We both know the standard Contract for the Sale and Purchase of Land published by the NSW Law Society and the Real Estate Institute of NSW – we deal with it a lot in our work – and we agreed that the contract would be on those terms.
- Borf noted down some details on a note pad (Attachment 1). The reference to the ‘standard sale of land contract (2019 ed)’ is a reference to the latest edition of the standard Contract for the Sale and Purchase of Land.
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Major Written Assessment
- We shook hands in agreement and then I left.
- On 3 February, I transferred the deposit to Borf’s bank account (Attachment 8) and emailed Borf to let him know (Attachment 2). Borf replied the same day (Attachment 3).
- I retained Don Bluth House Inspections Pty Ltd to inspect the house, which was done on 7 February. Don sent me his report on 8 February (Extract at Attachment 4). I wasn’t happy when I read the report! I sent Borf an email
(Attachment 5). Borf replied that day (Attachment 6). The building report that he mentions is at Attachment 7.
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Major Written Assessment
Attachment 2: Email: Dexter to Borf dated 3 February
From: dexter@singeandmordroc.com.au
Sent: 3 February 2020, 12:21 PM
To: borf@borflawyer.com.au
Subject: Sale of property
Hi Borf
Thanks for meeting me yesterday. I’ve transferred the $65,000 deposit to your account per our agreement. Do you mind if I arrange a pest and building inspection?
Regards,
Dexter
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Major Written Assessment
Attachment 3: Email: Borf to Dexter dated 3 February
From: borf@borflawyer.com.au
Sent: 3 February 2020, 1:03 PM
To: dexter@singeandmordroc.com.au
Subject: Re: Sale of property
Dear Dexter
That’s fine. Go right ahead. Let me know when it will be done and I’ll let you in. If you want a good local professional, I can recommend Don Bluth. He’s easy to find on google.
Sincerely
Borf
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Major Written Assessment
Attachment 4: Extract of building inspection report, 8 February 2020
Don Bluth
Building Inspections
…
Building type
Two storey dwelling
External wall construction
Combination of double and single brick – brick veneer.
Roof construction
Pitched
Roof covering
Terracotta tiles
Internal wall coverings
Plasterboard & brick
Internal ceiling coverings
Plasterboard
Window construction
Timber & aluminium
Footings
A combination of strip footings and concrete slab footings.
…
Overall condition A comparison of this and other dwellings of similar age, construction and level of maintenance would rate this building as below average. The building and its parts show some significant defects and/or very-poor non-tradesman like workmanship and/or long term neglect and/or defects requiring major repairs or reconstruction of major building elements.
…
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Major Written Assessment Attachment 4
Sub-floor
Flooring Concrete
Piers Brick.
Ventilation
Description The underfloor ventilation is poor and should be urgently upgraded.
Recommended A licensed builder should be called to make a further and more
action comprehensive evaluation, with repairs and rectification work done as required. Evidence of rot and mould in most timber components. Such problems can seriously affect structural integrity and should be investigated by licenced carpenters and engineers as soon as possible.
Sub-floor: other defects or issues
Details
The underfloor soil is very damp and shows signs of instability. Concrete slab shows signs of water damage and cracking. This may be due to a drainage problem or some other factor.
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Major Written Assessment Attachment 4
Recommended A licenced builder or engineers should be called as soon as possible to
action assess the structural integrity of the concrete slab. A licenced plumber should be consulted to determine the sources of the water leakage.
…
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Major Written Assessment
Attachment 5: Email: Dexter to Borf dated 8 February
From: dexter@singeandmordroc.com.au
Sent: 8 February 2020, 11:03 AM
To: borf@borflawyer.com.au
Subject: Building inspection
Hi Borf
I’ve received the building report on your house. It identifies some serious problems underneath. You said that it was in an ok condition. We need to work something out or I won’t settle. Please call when convenient.
Regards, Dexter
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Major Written Assessment
Attachment 6: Email: Borf to Dexter dated 8 February
From: borf@borflawyer.com.au
Sent: 8 February 2020, 11:26 AM
To: dexter@singeandmordroc.com.au
Subject: Re: Building inspection
Dear Dexter
That is a regrettable state of affairs but we have a binding contract. You declined the opportunity I provided to read the report I obtained last year. You should have sought expert advice before we entered into the contract.
Sincerely
Borf
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Major Written Assessment
Attachment 7: Extract of building inspection report, 3 June 2018
Don Bluth
Building Inspections
…
Building type
Two storey dwelling
External wall construction
Combination of double and single brick – brick veneer.
Roof construction
Pitched
Roof covering
Terracotta tiles
Internal wall coverings
Plasterboard & brick
Internal ceiling coverings
Plasterboard
Window construction
Timber & aluminium
Footings
A combination of strip footings and concrete slab footings.
…
Overall condition A comparison of this and other dwellings of similar age, construction and level of maintenance would rate this building as average. The overall condition is consistent with dwellings of approximately the same age and construction. There will be areas or items requiring repair or maintenance.
…
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Major Written Assessment Attachment 7
Sub-floor
Flooring
Concrete flooring construction
Piers
Brick piers. Damp sub floor walls were noted.
Ventilation
Description The underfloor ventilation appears to be inadequate. There appeared to be some evidence of timber decay in the corner furthest from the entry point to the sub-floor area, but it was difficult to properly diagnose without a more invasive inspection. Upgrading of the ventilation is required.
Recommended A licensed builder should be called to make a further and more
action comprehensive evaluation, with repairs and rectification work done as required.
Sub-floor: other defects or issues
Details The underfloor soil is damp. This may be due to a drainage problem or some other factor. Recommended A licenced builder should be called to make a further evaluation and action repairs or rectification as necessary. A licenced plumber should be called to evaluate the situation.
…
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Major Written Assessment
Attachment 8: Dexter’s account statement
NIMH Everyday Account Statement of recent transactions DEXTER Account/Card Number 73 LADY KLUCK DRIVE 123456 1234567 DRAGON’S LAIR NSW 1983 Account opened: 08-Mar-2015
Transactions
This statement covers the last 30 days of transactions. (12-Jan-2020 to 10-Feb-2020) Current balance: $3,226.80
Date Description Withdrawal Deposit 9 Feb 2020 PAYMENT BY AUTHORITY TO OPTUS -$70.00 BILLING 8 Feb 2020 PAYMENT BY AUTHORITY TO MASTERCARD -$153.80 6 Feb 2020 DEPOSIT-SALARY Singe and Mordroc Reality +$4,250.67 6 Feb 2020 PAYMENT BY AUTHORITY TO DON BLUTH -$400.00 BUILDING INSPECTIONS PTY LTD 6 Feb 2020 PAYMENT BY AUTHORITY TO MADAME -$50.00 MEDUSA’S PAWN SHOP BOUTIQUE 3 Feb 2020 WITHDRAWAL ONLINE Borf-HouseDeposit -$65,000.00 2 Feb 2020 DEPOSIT ONLINE TFR Nimh Hi Int Savings +$60,000 1 Feb 2020 PAYMENT BY AUTHORITY TO MASTERCARD -$112.12 28 Jan 2020 PAYMENT BY AUTHORITY TO Climate Council -$25.00 of Australia Ltd 26 Jan 2020 DEPOSIT-OSKO PAYMENT 987654 Aurora -$40.00 16th bday 23 Jan 2020 PAYMENT BY AUTHORITY TO MASTERCARD -$166.45 21 Jan 2020 DEPOSIT-OSKO PAYMENT 123456 DAPHNE -$60.00 Dinner Copyright © 2020 NIMH Banking Corp ABN 123456789 & AFSL & Australian Credit Licence 123456 Date created: 10-Feb-2020 09:03 AM Page 1 of 2
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Major Written Assessment
Advice sought
Dexter seeks your legal advice on his situation.
Assume that an oral contract was made on 2 February when the parties shook hands.
Assume that Borf would like to enforce the contract against Dexter. Does the contract comply with the formality requirements of Conveyancing Act 1919 (NSW) s 54A(1)? Answer this question with reference only to attachments 1, 2, 3, 5 and 6,
Focus only on formalities as taught in this subject in your response. Do not research the law of conveyancing, other sections of the Conveyancing Act 1919 (NSW) or the Real Property Act 1900 (NSW).
You do not have to find, read or address the terms found in the standard Contact for the Sale of Land. You can assume that the reference to it in Attachment 1 is sufficient for the terms found within it to be evidenced in writing.
You are not expected to research new cases on formalities, although you are encouraged to read and apply the relevant cases discussed in the lectures and readings.
Your response should also consider the Electronic Transactions Act 2000 (NSW). You should discuss the case of Stuart v Hishon [2013] NSWSC 766 in your response.
NOTE the following:
- You do not have to address formation issues like offer, acceptance, consideration, intention or certainty/completeness.
- You do not have to address part performance in this question.
- You can assume that the deposition of the facts provided by Dexter are true and accurate. You do not have to consider whether Dexter can prove the facts provided in the instructions.
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Major Written Assessment
Further general advice
Due date: 11:59pm Sunday 3 May 2020. (This overrides the date published in the Subject Outline.)
Please read the entry on this assessment in the Subject Outline for information on all other aspects of this assessment, such as: word limit, word limit leeway, late penalty, etc.
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