Please do not consider the Competition and Consumer Act 2010 (Cth) in answering these questions, as we have not yet covered that topic. Please be advised that the word limit of 1500 words is a total for both questions (ie it is not 1500 words for each question). I would however expect that students should be able to answer both questions in far less than 1 500 words. In answering these questions, the I.R.A.C or I.L.A.C model must be followed. . One ILAC per question please.
Contracts (use Contract Law)
Brandon, a successful developer asked his friend Rees to lend him $ 100 000 for a development project that he was associated with. According to the agreement Brandon was to repay the money to Rees within 120 days at 15 per cent interest and in cash. On 20 April 2012, at the conclusion of the 120 day period Brandon called Rees and said that he would be unable to pay the $ 100 000 as the development hadn’t sold as well as had been expected due to some sudden changes in the property market. Brandon also expressed to Reese his willingness to pay $ 90 000 by cheque in full settlement of the total debt. Rees remained silence for a couple of minutes but subsequently accepted. On 2 June 2012 Rees claimed the balance of $ 10 000, plus the interest. Brandon who was extremely upset argued that he should not have to pay any more because he had paid and he was protected by the law. According to Brandon, Rees was estopped from recovering the full amount. You have been asked to advise Brandon on this particular matter. Consider remedies and possible defences.
Negligence (use Civil Liability Act 2002 (NSW ))
Jake is a successful property developer in New South Wales. He is interested in purchasing a large property for re-developing purposes in Blackheath. On 15 April 2017, Jake contacted The Blue Mountains City Council requesting several statutory certificates about various planning issues related to the property. He specifically requested information about prospective road-widening proposals relevant to the property. On 10 July, Jake received a letter from the Council, annexed to a planning certificate, indicating that there were no road-widening proposals relevant to the property. On the strength of this statement, Jake went ahead and purchased the land. Two months after finalising the purchase he was advised that a road widening proposal had been approved on 26 July 2017 and that it required the acquisition of more than one half of Jake’s property. What remained was unsuitable for Jake’s re-development. Jake suffered a financial loss of $1,600,000. As a result of this loss, Jake’s business experienced serious financial difficulty which led to Jake developing a serious mental disorder.
Advise the Council on any liabilities arising from these facts, citing relevant statutory and case law authority, using the ILAC format. Please focus on the liability of the council.
use attachment for laws & cases
use ILAC Method
I – List the issue rise by the problem( do not write question again and again)
L – List the relevant Law that will help answer the problem
A – Use the Law that state make and argument
C – Make a firm conclusion including why you have chosen one option over another.