Bernie is an Elderly Farm - Case Study - Law Assignment Help

Assignment Task:

Task:

Bernie is an elderly farmer who is extremely fond of his nephew, Fred, and relies upon Fred for advice as to his personal and business affairs. Bernie’s only asset is his farm on the New South Wales central coast which has been in the family for many generations. Fred, who is a local real estate agent, is experiencing financial difficulties. Bernie executes a mortgage and guarantee over his farm in favour of the Highlands Bank to secure Fred’s financial position.

Fred’s financial position deteriorates, and he asks Bernie to sign papers to allow the bank to increase the amount secured by his farm. Bernie agrees in principle, but is not aware of all the details. Fred advises the bank that Bernie is ready to help. The manager of the bank visits Bernie with forms ready for Bernie to sign. The forms double the amount secured by the original mortgage and guarantee. The manager, who knows of Bernie’s fondness for Fred, tells Bernie simply that the Bank cannot keep supporting Fred under the existing mortgage. Bernie signs the forms.

After a major dip in the central coast housing market, Fred has to close his business.

Bernie now seeks your advice as to whether, and on what basis, he could rescind the contracts he signed for the Bank. (Refer to general law principles only)

QUESTION 2 [10 MARKS]

Section 11 of the Importation of Vegetable Substances Act 1990 (NSW) provides as follows:

(1) Any wholesale business that sells any imported vegetable products shall at the time of delivery of such products supply to the purchaser a statutory declaration setting out their ingredients and their relative proportions, their geographic origin, and the date of importation.

(2) Any wholesaler that sells and delivers any such imported vegetable products and fails to supply the declaration referred to in (1) above shall be liable to a maximum penalty of $5,000 for every importation of such products.

Iberian Foods Pty Ltd is a wholesaler in the food industry. It imported a large quantity of bottled peppers from Spain, and in turn sold 10 cases of the peppers to the Barcelona Eatery & Delicatessen in Newtown at $300 per case. However, Iberian Foods Pty Ltd failed to supply the statutory declaration as required by the Importation of Vegetable Substances Act. The Barcelona Eatery & Delicatessen now refuses to pay for the consignment of peppers on the ground that it breached relevant food safety laws.

Iberian Foods Pty Ltd seeks your advice as to whether it can bring an action pursuant to its contract with the Barcelona Eatery & Delicatessen to secure payment for the consignment. (Refer to general law principles and statute)

This Law Assignment has been solved by our Law Experts at My Uni Paper. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+ Students in Australia, UK & US by helping them to score HD in their academics. Our Experts are well trained to follow all marking rubrics & referencing style.

Be it a used or new solution, the quality of the work submitted by our assignment experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive, plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.