Question
PLEASE ANSWER WTHIN 30MIN in respect of the hypothetical scenario addresses the following: (include references) note: it only applies to one of these principles 1.
PLEASE ANSWER WTHIN 30MIN
in respect of the hypothetical scenario addresses the following: (include references)
note: it only applies to one of these principles
1. Capacity
2. The Requirement of Writing
3. Express Terms
4. Implied Terms
5. Construction of Terms and Exclusion Clauses
6. Vitiating Factors (Misrepresentation, Misleading or Deceptive Conduct, Mistake, Duress, Unconscionability, Undue Influence, Unjust Contracts)
7. Discharge (Agreement, Performance, Breach, Frustration) 3
8. Illegality
9. Privity
10. Contract Theory and Contracts in Context
Then address:
a) The legal issue (or issues) in the transaction
b) The legal principles you will use to resolve each issue
c) The application of those legal principles to the facts of each issue
d) The concluding advice you would give in respect of each issue
NOTE: ITS THE ILAC PROCESS
SCENARIO:
Jack and Jill exchange contracts on a two-bedroom semi-detached cottage in Sydney's inner west. They then discover from neighbours that the house 'had a gruesome triple murder in it some years ago'. One neighbour says the event took place some 12 years earlier following a 'horrible love triangle dispute'. The event was extensively covered in the media at the time. The couple lose all interest in the house and do not want to proceed with their purchase. They confront the vendor's agent and express their anger, claiming he should have told them about the murders and not 'kept silent' about the issue. He contacts the vendors, but they dismiss the complaint and insist on the sale proceeding. Jack and Jill insist they were misled and should have been told about the murders before they entered the contract.
Advise them about their prospects:
a) at common law
b) under statute
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