BSBLEG522 Analysis of Nature of Contract Law Assessment – Australia.

Subject Code & Title :- BSBLEG522 Analysis of Nature of Contract Law
Assignment Type :- Assessment
Summary and Purpose of Assessment :-
This is assessment task one (1) of three (3) that you must complete satisfactorily in order to be deemed competent for this unit. The purpose of this assessment is to provide you with an opportunity to demonstrate your ability to apply the principles of contract law using two reflection activities.
BSBLEG522 Analysis of Nature of Contract Law Assessment – Australia.

BSBLEG522 Analysis of Nature of Contract Law Assessment - Australia.

Assessment Instructions
What
For this assessment task you are required to complete two reflections. You are encouraged to express your views in strong and interesting (even “colourful”) language.

Upon completing Question 2 you will need to arrange a short meeting with your assessor to review your advice and discuss the key issues associated remedy/ remedies identified. During this meeting you will need to seek feedback and record any retrospective analysis and comments provided.

Read the following scenario and complete the questions:
Question 1 – Scenario
You are the Judge and the relevant facts (a) to (h) below are not challenged in the hearing conducted before them:

(a) On 30 July 2017 Mr XXX had a discussion with Mr xxx at the xxx’s house which was to the following effect:
XXX: I hear you want to sell your house.
xxx: Yeah.
XXX: What have you got on it, what do you want for it?
xxx: $470,000.00.
XXX: What else do you want?
xxx: Well I want to sell the house as is and I want 3 months to vacate the property.
XXX: Ok do you want to put that info down on a bit of paper or something?
xxx: Yeah Ok no worries.
XXX: Well just jot down what you want.

(b) Mr XXX and xxx then signed a handwritten note which read:
xxx
0407756765
10 Lawrence St, Frankston
$470,000 3 months
home as is
30/7/2017
XXX
xxx

(c) At an unidentified time on 30 July 2017 Mr XXX told Mr xxx he would get a formal contract drawn.

(d) On 31 July 2017 Mrs xxxx unexpectedly arrived at xxx house bringing with her a document
she had created with a photocopier. At the top of the document was a copy of the note above that her husband and xxx had signed the day before and at the bottom of the document was a copy of the cheque which she delivered on this occasion to Mr xxx The printed name of the drawer on the cheque was X & x.

(e)Mr xxx said Mr XXX said to him “here’s Burt’s [a reference to Mr XXX cheque” and handed the cheque to him Wynd said Okay

BSBLEG522 Analysis of Nature of Contract Law Assessment – Australia.

(f) xxx accepted the cheque from Mrs XXX

(g) They discussed the receipt for the deposit and Mrs XXX wrote in a space on the document between the copies of the note and the cheque the words “received from XXX Constructions the sum of $6,000 as deposit on sale of [the xxx house].(Six thousand dollars) 31.07.17. xxx was able to read and understand that text. He signed on the line immediately before the date.

(h) Mr xxx banked the cheque. He subsequently attempted, without success, to repay the $6,000.

(i) On 4 September 2017 Mr XXX delivered an REIV/ LIV written standard form of Contract of Sale of Land to Mr xxx. Mr xxx gave evidence he was surprised when he looked at the contract because it did not have any of the special conditions that he had requested specifically it did not provide him with three months to leave the property and did not specifically say that the house was to be as is. The form of Contract did however provide for settlement on 31 October 2017 which was three months after the date of the alleged agreement of 30 July 2017.

(j) On 27 September 2017 Mr xxx contacted Mr XXX by telephone. Whilst there was a dispute between Mr XXX and Mr xxx as to the precise contents of that conversation it was clear Mr xxx wanted more money to sell the property on the basis that it was worth considerably more.

(k) Mr xxx refused to sign the Contract referred to in paragraph 2 above and Mr XXX then commenced court proceedings which sought an order for specific performance of a Contract Mr XXX claimed was reached on 30 July and / or 31 July 2017 between himself and Mr xxx

You are required to complete the following:
Answer all of the following reflection Q1 A – E using the information provided above. In each response students will need to:
1.Define the relevant legal principles that apply
2. Outline the methods and sources used to identify appropriate legal information (e.g. textbook internet research etc -suggested sources may be provided)
3. Complete any additional questions asked specific to each case

Q1 A. By way of introduction, identify the institutions and main features of contract law in Australian contract law (refer to class notes on introduction to contract law)

Q1 B. Students are to use plain English and in their own words to explain what an order for specific performance is. (Refer to Graw’s text; and a legal dictionary for assistance).

Q1 C. The arguments advanced on behalf of Mr xxx were to the effect that the documents dated 30 and 31 July 2017 were
(a) not a sufficient note or memorandum to satisfy the requirements of s. 126 Instruments Act 1958 and (b) for a sale of land the three essential elements for a contract are the parties the subject matter and the price and these elements were not sufficiently clear.

BSBLEG522 Analysis of Nature of Contract Law Assessment – Australia.

Required:
Set out in capacity as the Judge whether the argument submitted on behalf of Mr xxx should be accepted. Students in their response must distinguish between common law and relevant legislation. To do this Students are to give reasons by setting out the key elements including reference to s.126 Instruments Act 1958 and case authority (see chapter 2 of Graw and the Answers for the Class Notes on Nature of a Contract. Also Graw’s chapter on Acceptance where he discusses uncertainty and the Class notes on Acceptance uncertainty may also help).

Q1 D. It was further argued on behalf of Mr xxx the parties did not intend to make a CONCLUDED BARGAIN unless or until a formal contract was drawn up as per Masters v Cameron. Accordingly that when the formal Contract was submitted it was different from the oral / written agreement and he appropriately refused to sign it.

Required:
Students in their Judgment are to advise if it is necessary to address this argument? Set out their opinion in 15-20 lines or more on this argument including (1) with reference to the expression Concluded Bar Gain outline the aims and rationale behind entering binding contracts and (2) which category if any of the 3 now 4 categories of Masters v Cameron subject to contract applies. Give your reasoning and support it with case law. [Assistance for response is in Graw chapter 4 and the Class Notes on Acceptance.]

Q1 E. Counsel (the lawyers arguing the case) appearing before students said What mattered was what Mr and Mrs XXX and Mr xxx said and did rather than what they thought was the effect of what was said and done. You are preparing to write your Judgment and you need to set out what is the legal test for intention to enter into a binding contract)

Required:
Please set out (a) the test; (b) a brief explanation of the test in your own words and (c) the full citation of case authority for the test – just one case but more if you are so inclined. (See Graw’s text or class notes on Intention to be bound and Offer).

Question 2 – Facts
Lucille Price is the registered proprietor of a house property which became subject to a mortgage to Eastpac Bank. The mortgage was given by Lucille as security for a loan made by the Eastpac to Lucille’s husband James Price who was the sole proprietor of Price Consulting Services.

The evidence is in November 2016 Lucille an occupational therapist, had confidence in her husband who was continually in financial trouble. James Price was in debt for car payments a Visa credit card debt and an Eastpac personal loan. He asked his wife to guarantee his debt with Eastpac and to put up the title to the home (registered in her name only) as security for debts totalling $180,000. Lucille tried to ask her husband James questions about the Eastpac loan but he put her off by saying “Don’t you trust me and even if I did give you details you would not understand as you are stupid with money”.

Eastpac Bank gave the mortgage and guarantee documents to the husband James and asked him to arrange his wife Lucille to sign the documents before an independent witness and return them to the bank. No representative of Eastpac was in attendance when she signed.

Lucille was not given any chance to read the documents her husband presented to her for her signature and her attempts to ask questions only made her husband James angrier. James arranged for a neighbour Molly to come into their home to witness the signing of the Eastpac mortgage and guarantee documents including a Certificate that Lucille elected not to obtain independent legal and/or financial advice in relation to Eastpac’s mortgage and guarantee. Molly noticed Lucille had tears running down his cheeks while Lucille was signing and she was very quiet.

Lucille understood her husband James debts were for car payments credit card payments and a business debt but she did not know the actual amounts owing nor that her husband James was in arrears of his car lease payments or credit card debts. Lucille did not receive, and therefore could not read the Eastpac Bank Guarantor’s booklet What it Means to be a Guarantor’. Lucille did not know that she was signing a mortgage as such she just knew it as loan documents or a Better Business Loan she thought that she was guaranteeing her husband James’ loan but not giving a mortgage over her title to the home.

Lucille and James separated on 30 December 2017 and Lucille wishes to try and set aside the Eastpac mortgage and guarantee.

BSBLEG522 Analysis of Nature of Contract Law Assessment – Australia.

BSBLEG522 Analysis of Nature of Contract Law Assessment - Australia.

Students are required to complete the following:
Q2 A. Provide a written advice to Lucille Price as to whether she could successfully argue under contract law any bases (there is more than one and at least two need to be provided) to set aside the Eastpac mortgage and guarantee. Include organisational procedures. Quote cases to support views.

Please write short paragraphs with one point per paragraph.

You can seek help by reading the Class notes on Duress Undue Influence Married Woman’s Equity and Unconscion ability (and see also chapter 13 Graw). Further, the Additional Materials on Canvas will be of great assistance.

ORAL Component
Q2 B. You are to arrange a short meeting with the assessor to review your analysis and, in particular the key issues and associated remedy/remedies you identified. Seek feedback and record any retrospective analysis and comments below. You should be in a position to ask at least two (2) questions in relation to your assessment analysis to date

[TO BE DONE IN CLASS TIME – in PERSON OR ON COLLABORATE]- Note this part the assessment is for the purpose of assessment of student’s oral communication skills.]

Where 
You will be provided some class time to work on this assessment however it is expected that the majority of this assessment will be completed outside of class. 

How 
You will be assessed against the criteria listed in the marking guide in Section B of this document. To achieve a satisfactory result you will need to address all criteria satisfactorily.

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