Question
Question 1: Advice Letter to Client You need to drafe a letter of advice to the clients, following points should be included in the letter:
Question 1: Advice Letter to Client
You need to drafe a letter of advice to the clients, following points should be included in the letter: 1. Summarize the legal arguments; 2. Discuss factors supporting your client's claim, considering the unilateral mistake issue and its consequences; 3. Discuss potential reasons against your client's claim, taking into account the unilateral mistake and its consequences; 4. Analyze the strengths and weaknesses of both supporting and opposing the claim for informed decision-making; 5. Specify missing information of the case, please facts if more information is needed; 6. Discuss the implications of Ms. Paine's (belong to Equal Conveyancers) negligence on negotiations and its relevance to the case.
This letter should exceed at least 10 lines of typing.
Question 2: Re-draft
The problems in this dispute could be said to all stem from the bad drafting of Special Condition 23 in the Contract of Sale. Here, "switch hats" and imagine you were in Ms Paine's shoes as the conveyancer for the Vendor and your task was to draw the Special Condition 23 in accordance with the instructions she was given by the Vendor.
Please re-draft Special Condition 23 taking into account General Condition 15. You will be helped by looking at some of the current Special Conditions in the standard AIC or LIV Contract of Sale where the Special Condition seeks to delete or vary a General Condition.
Question 3: Deed of Release
After successful mediation, both parties have reached a settlement regarding the claim. The vendor has consented to adjust half of the rent to the purchaser, while the purchaser has agreed to purchase the property for $920,000 AUD. Please prepare the Deed of Release in accordance with this agreement. (Please refer to the attached pictures of the Deed of Release as a reference, ensuring all pertinent details are included.)
\"KK\" DEED OF RELEASE rough precedent THIS DEED OF RELEASE is made the day of March, 2009. BETWEEN KIM ANN G... (Purchaser) AND SHANE RONALD W...(Vendor) RECITALS (here you set \"the story\" usually in under half a dozen paragraphs) A.V and P entered into a Contract of s.. of l... on when V agreed to sell to P the property situated and known as ... B. The Contract incorporated a Section 32 Statement ... c. The Vendor paid a depositof ... to ... p. The Purchaser alleges that after enquiries made on ... behalf that the V has failed to comply with the provisions of s.32 SLA and the P notified the V of the termination of the C under s32?? and seeks a refund of the full deposit paid plus interest and legal costs E. The V denies any breach of s.32, but if there is any breach V is excused under s.32K(4) SLA and the V seeks ... 777 OPERATIVE PROVISIONS In order to avoid litigation the parties have agreed to settle the claim and cross claims as follows: 1. Within ? days of the date hereof,...you may be helped with wording in II and JJ with Hart documents for both these Provisions and the previous Recitals 2. Simultaneously with the payment referred to in paragraph 1 ... agrees to pay, to.... IN CONSIDERATION of this Deed of Release the parties release and forever discharge each other from all actions suits causes of action demands costs and expenses of every description they now have or may have or but for the execution of this release might have had against each other by reason of or in respect of the Recitals listed above. The parties acknowledge and agree that the garnishee proceedings are now at an end and will seek Orders by consent the proceedings be struck out with no order as to costs. EXECUTED AS A DEED SIGNED SEALED AND DELIVERED by ) KIM ANN G in the presence of: ) ................................ SIGNED SEALED AND DELIVERED by ) SHANE RONALD WO... for in the ] --------------------------------------- presence of: )Step by Step Solution
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