sydney 作业指导

Sydney 大学作业要求  Question

Martha is a young graphics designer keen to keep her own business.  She had been looking around for suitable premises but she had insufficient funds to finance the whole concept. 

She asked her cousin Peter who owned a number of properties in Parramatta.  Peter agreed to let one to Martha for half the rent than he would normally charge.  Martha was excited and said that she wanted to make a few changes to the premises to improve access to the design studios.  She applied to the council for permits to make those changes and the council granted the permits.   She undertook repairs to the premises worth 40,000.00.  The repairs took three months to finish. 

Before any lease was signed, Peter told Martha that he had received a better offer for the premises and was no longer willing to continue with the arrangements previously discussed.  Peter told her that if she wanted to rent the premises she could instead pay the full amount of rent instead of half the rent as previously agreed. 

Martha is not happy about it and seeks your advice.
What rights, if any, does Martha have against Peter.  Consider all the reasonable possibilities and full legal reasons for your answer.

Syndey 大学，澳洲悉尼大学留学生作业指导需求样本

作业回答范文

Suggested Answer

Question 1

Based on Waltons v Maher.  The doctrine of promissory estoppel.

Legal issues:

1. Is there a legally enforceable agreement between Louisa and her cousin?
2. If not, can estoppel be used to stop the cousin reverting to the previous position
3. Whether Martha has any rights under the common law.

Law applicable

On issue 1, you should note the possibility that the agreement is between members of a family, thus questioning the presumptions of intention. Wakeling v Ripley; Parker v Clarke; Merrit v Merrit or similar.  Discuss the fact that presumptions can be rebutted. 

You should also consider formal requirements; clearly no lease has actually been signed so unlikely this agreement could have been enforced as a lease, as in Hightrees where the variation was unenforceable, or in Waltons v Maher where no leases were ever exchanged.

You can also consider contracts without consideration cases- Edwards v Skyways, but try to distinguish this case in a sense that the plaintiff was already in a contractual relationship of employment with the company.  In that case it was held that the action and statement of the parties is sufficient enough to prove a valid contract exists, as long as both parties intended to create legal relations.

On issue 2, the starting point for estoppel is a promise or understanding which CANNOT be enforced as a contract (because of lack of correct form as in Hightrees case or lack of consideration as in Waltons v Maher.

You are required to state the elements of estoppel and show how the facts of the problems support the doctrine of estoppel.#p#分页标题#e#

An important Australian case, Waltons v Maher, where the High Court found the important element of unconscionable conduct by one party leading to detrimental reliance by another.  Brennan J referred to the promissory aspects of estoppel.  “ It is necessary for the Plaintiff to prove that (i)  There was a promise or representation made by the promisor to the promisee (2) The promise encouraged a certain belief in the mind of the promisee (3) The promisee relied on the promise by undertaking an act ..  (4) The promisee would suffer material detriment if the promisor was allowed go back on their promise (5) The promisor acted unconscionably

A party may still withdraw from an arrangement after giving reasonable notice.  However, this is no longer possible as in Waltons, the High Court held that there was a binding legal contract.  It can be argued that in this case, the agreement was binding.

更多请看，澳洲指导Assignment专区
In Central London Property Trust v Hightrees case, a landlord agreed to a variation of a lease to accept lesser rent due to wartime lack of demand.  The variation was drawn up by solicitors and clearly intended to affect the legal relations between the parties.  There was reliance by the promisee in offering half rent for the rest of the war, which the promisor accepted.  After the war the variation was found to be unenforceable at common law because it was not executed under seal.  It was not enforceable in Equity as no consideration had been given.  However court found that it would be unconscionable to allow the landlord to go back on his word and revert to previous rent.  It was held that the landlord was ESTOPPED from raising issues of lack of consideration or formal invalidity and so he could not claim back the rent.

You should then discuss the possible remedies.  Here remedies may involve a maximum remedy and a minimum remedy.  The maximum remedy is the giving effect to the expectation that is held by the promisee.  The maximum remedy is supposed to compensate the promisee fully in terms of reliance loss and expectation loss.  It is equivalent to the breach of contract remedy. 

The minimum remedy that can be awarded is reliance based loss and it would include payment of legal expenses.

Assignment

The question
This will be advised by your lecturer.

Aims
The main aims of the assignment are, in short:
• to assess students’ understanding of the operation of the Australian legal system, the doctrine of precedent and the main principles of the common law of contract as well as their ability to apply these principles to a given set of facts; and
• to give students the opportunity to develop legal and generic skills.

Presentation
• Assignments must be typed with double spacing and wide margins.#p#分页标题#e#
• Size 12 font must be used.

Referencing
Students should follow the Australian Guide to Legal Citation, 2nd edition, available at <http://mulr.law.unimelb.edu.au/aglcdl.asp>

Marker’s guide

 Mark out of 15 
Structure and organisation
 2 
Understanding and expression
 3 
Critique, logic and interpretation
 4 
Evidence of Literature and research 2 
Referencing
 1 
Content/all issues covered 3 

I   R  A  C

Issues
Identify and state the legal issues involved in the question. For example, does it involve contract law (if so, what aspect?), a trade practices issue (e.g. misleading conduct), a company law issue (e.g. breach of director’s duty), negligence?

Rules/Principles
Explain the legal principles (rules) relevant to the issues identified. Any relevant legislation and precedent cases should be used to support the explanation.

Analysis
Use the law to argue for each party’s position or, in other words, apply the law to the hypothetical facts of the case study. This involves explaining the relevance of the law to the scenario and how it can be used by each party to argue their case.

You need to consider the law from each party’s point of view. This will develop an argument and might raise different legal interpretations.

Conclusion
Arrive at a conclusion based on your preceding explanation, analysis and argument. Note that there is usually not one correct answer, although there may be one answer that is stronger than the others. So long as you have explored the law in relation to the facts, and have put forward what you think the outcome/answer is, that is all that is expected of you.

Note:
Use most of your words to explain the legal principles and to discuss each party’s arguments, and discuss the contentious aspects most (not the ones with which you are most comfortable).

▀  Things to consider when writing your assignment ▀ 

a. Look at the criteria above you will be marked against it.  Note you are encouraged to use headings to help you with structure.

b. There should be an introduction, a body and a conclusion.

c. Follow the IRAC method stated above.  Refresh your memory on how to answer.  Refer to (Question and Answer) given to you in the “Australian Business Law” by Tony Ciro  on pages liii-lvi.  Refer also to end of each chapter for a guide to problem solving.

d. Look at other books that give you hints on how answer legal questions eg Crosling & Murphy, How to Study Business Law; Keyzer, Legal problem solving.

e.  Base your arguments and views on legal principles and cases and thus reliance on what others have written is necessary. You will notice that law articles have lots of references.#p#分页标题#e#

f. You need to reference your work properly to avoid plagiarism. 

g. Read the facts carefully and the question/s of your task that are asked.

h. Look for issues and arguments for the various parties (this is harder if you haven’t covered the area in class so as you read your texts etc. keep adding to this as you go along)
i. Look for key words in the question/s asked and in the facts

j. Think of the areas of law might be relevant

k. Don’t repeat the facts or the question in your actual assignment – the facts will come out when you apply the law to them.  If there are missing facts, make reasonable assumptions and state what they are.

l. DO NOT QUOTE SECTIONS ONLY WITHOUT ANALYSING THEM AND PROVIDING AN ARGUMENT

m. YOUR ARGUMENT MUST FLOW LOGICALLY LEADING TO YOUR CONCLUSION

n. Minimum number of words is 500, that is, 2.5 pages.
 
▀  Further instructions▀ 

1. Please submit your assignments through turnitin.  You have been advised about this by Administration. 

2. Your ID is: 2333146

3. Your Password is: DBA1234

4. Due date for essay is 1st of September 2008

5. No extensions are expected to be given without one week’s notice and medical grounds or emergency.

6. You are also required to submit to me a hard copy of your assignment.  DO NOT give it to reception!

7. You will need to attach an assignment cover sheet and statement of authorship form.  These can be printed from the student portal.