71116 : Remedies What Common Law Cause of Action - Law Assignment Help

Assignment Task:

Task:

Question 1 (50 words / 1 mark) What common law cause of action does Aaron have against Bevan for damages? Briefly explain your choice.

Question 2 (275 words / 5.5 marks) Aaron wishes to sue for damages in the cause of action that you have identified in Question 1. What test of causation and remoteness would you apply? How much would you award him in damages?

Question 3 (450 words / 9 marks) Assume that when Bevan falsely represented that the house was designed by Christine Cornwall, he did not know that it was in fact designed by Dora D’Eath, but breached a duty of care owed to Aaron by making the statement. Continue to 71116 Remedies Autumn 2021 Teaching materials and exam resources provided to you at UTS are protected by copyright. Students are reminded that copying or sharing of these materials can constitute misconduct. Page 6 of 7 assume that the statement was not promissory and was not made in trade or commerce. Aaron wishes to sue for damages. How would your response to Question 2 change? Your response should identify and justify the cause of action, and note any changes to the approach to causation, remoteness, and assessment of damages.

Question 4 (425 words / 8.5 marks) Aaron sues Everyday Builders for breach of contract. Identify and apply the tests of causation and remoteness that you would apply. Assess the damages that he would receive.

Question 5 (275 words / 5.5 marks) Aaron decides not to sell the property after receiving the news from Farrelly & Co. Rather, he seeks rescission of the contract. Would he get it? Your response should identify the principle that makes the contract voidable.

Question 6 (250 words / 5 marks) Assume that, rather than sell the house, Aaron proceeds with hiring Farrelly & Co to restore the house as quoted by them. The parties enter an oral contract, under which Aaron was obliged to pay a deposit up front, then the balance on completion of the work. Aaron paid a deposit and Farrelly & Co completes the work properly. Farrelly & Co invoiced Aaron for the balance but Aaron refused to pay. Unfortunately for Farrelly & Co, legislation provided that the contract was unenforceable because it was not recorded in writing. What cause of action does Farrelly & Co have against Aaron and what remedy would be granted? 71116 Remedies Autumn 2021 Teaching materials and exam resources provided to you at UTS are protected by copyright. Students are reminded that copying or sharing of these materials can constitute misconduct. 

Question 7 (275 words / 5.5 marks) Assume that, during the inspection, Bevan promised that the house was designed by Christine Cornwall and agreed to warrant as such in the contract. When Bevan sent instructions to his solicitor, he forgot to advise her to include the warranty. Hence, the signed contract did not contain the term. However, it did contain a term which declared that the signed agreement was the entire agreement between the parties and that no other collateral terms or agreements existed and, if they did, then they were voided and replaced by the signed agreement. Aaron discovers that the house was in fact designed by Dora D’Eath after Farrelly & Co assessed the quality of Everyday Builders’ work. Aaron thought that he would sue Bevan for breach of contract but, when he checked the signed contract, he was dismayed to find that it did not contain the warranty about the designer of the house. He assumed that this meant that he had no case and did not pursue it. Two years later, Aaron spoke to his friend, Gabrielle, who was a lawyer. He mentioned that he was still really annoyed because, after discovering the truth about the architect, he checked the contract and realised that Bevan’s promise was not in the special conditions. Otherwise, he would have sued for breach of contract. Gabrielle says that it is still possible to do this. Is she correct? Do not assess the damages.

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