Marco Case Study - Small Rural Property - New South Wales - Law Assignment Help

Assignment Task:

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You must answer both questions. In answering these questions, the ILAC model must be followed.

Question 1
a) Marco owns and lives at a small rural property within the Wollongong Council area, in New South Wales. The Council built an animal containment center next door, with many sheep and other farm animals being delivered to the center daily. The fence between Marco's property and the center was being pushed over and broken by the many sheep kept in the aligning paddock, and he feared the animals would get into his large organic vegetable gardens, which produced most of the goods he sold at his fruit and vegetable business. Marco contacted the Council by phone and email multiple times listing his concerns about the fence, but Council representatives always responded by stating his concern was unfounded and the fence was in fine condition. Marco even attempted to repair the fence on his side, but the animals continued to break the fence.

One morning Marco awoke to find around 40 sheep and goats in his vegetable gardens, ruining the produce and wrecking the garden beds. After being contacted by Marco, Council employees gathered and returned the sheep to the centre, leaving the paddock next to Marco& property empty. Marco has contacted Council requesting fence repair and payment for the loss of produce and the costs of repairing the garden beds, but Council has denied having any liability.

b) Jillian owns a courier business in Sydney and employs Joey as a driver. In his contract, it is stated that Joey must obey all road rules and all laws when driving the company vehicles and undertaking his job.

One evening, on his drive back to the office, following his last delivery for the day, Joey was stopped at a set of traffic lights. He was leaning over to pick up a CD from the passenger side floor and, without realising, raised his foot off the brake pedal. The car moved forward and hit a pedestrian, Morley, walking across the road, breaking his leg. Morley wants his medical bills paid by Joey, but Joey said he did not mean to hurt Morley and should not have to pay.

Advise all parties regarding any/all liabilities arising from these facts, citing relevant statutory and case law authority, using the ILAC format.

Question 2 

Jack owns four automotive parts stores in New South Wales. He and his family members have solicited your advice as to their contractual liabilities and rights arising out of the following circumstances:

a) On 18 October, Jack has a meeting with Percival, who owns an auto supply centre. During negotiations, Percival offers to sell Jack 40 commercial lifters for $4,000. He also tells Jack he will keep the offer open for the next 24 hours. Two hours after the meeting, Percival receives a call from Bruce who offers $4,200 for the goods. Percival immediately accepts Bruce& offer. Jack calls three hours later (within the 24 hour period) and informs Percival he accepts the offer and wants the lifters delivered. Percival tells Jack the goods have already been sold and Jack will miss out as he should have phoned earlier.

b) Jack&  parents, Mr and Mrs Europes, migrated to Australia from Europe in 1972 and they are dependent on their two children, Jack and Brigid for advice and support. The parents have limited education, no business knowledge, poor English skills, and since retiring their only income is the age pension. They own their own home which is valued at around $800,000. Brigid is a charming but ruthless businesswoman who is always trying to make a quick buck. She recently needed $300,000 to pursue a startup opportunity she believes will make her wealthy. She is able to borrow money from Questionable Bank but only after she persuades her parents to act as guarantors. She misleads her parents as to the extent and purpose of the loan. The Bank is unaware of this. After investigating their financial position, the bank manager meets with Mr and Mrs Europes to sign the guarantee agreement. The manager asked whether Mr and Mrs Europes had any questions and when they said they did not, they signed the documents as required. Brigid spends the loan money and within two months the startup company becomes insolvent and Brigid loses her entire investment. When she is unable to repay the loan, Questionable Bank looks to the parents to honour their obligations as guarantors, which means the Bank will sell their home to recoup the monies Brigid owes.

Advise Jack as to what contractual liability, if any, he and or his family members have in the above circumstances, citing relevant statute and case law authority, using the ILAC format.

Presentation
STYLE GUIDE
Please comply with the following rules as marks will be deducted for breaches of same:
1. Do not re-state the question.

2. Use in-text referencing. Do not use footnotes.

3. Names of statutes should be italicised, and followed by the jurisdiction not in italics, for example: Acts Interpretation Act 1901 (Cth). Note the abbreviation for ‘Commonwealth’ is ‘Cth’ not ‘Cwlth’.

4. The names of the parties must be italicised, but the citation must not, for example: Smith v Jones (1967) 345 CLR 34. You must give the full citation of a case on every occasion that you mention it.

5. An in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75). There is no need to put the author’s initial. Note the positioning of brackets, stops and commas. You use ‘pp.’ only if referring to more than one page. If you are referring to a book with more than one author, the in-text reference would be as follows: (Smith et al, 2002, p. 78).

6. Do not start a new line simply because you are starting a new sentence.

7. Be careful of correct use of apostrophes: directors = of a director, directors& = of many directors, directors = many directors. Also particularly prevalent is confusion between its (it possessive) and it's (contraction of "it is").

8. The following words always start with a capital letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words.
9. One should not use contractions, terms such as can't, won't, don't and shouldn't, neither should one use "i.e." and "e.g." in formal writing. Please write the term fully.

10. A sentence must always begin with a full word and a capital letter – so a sentence would start ‘Section 55 says…’ not ‘S 55 says…’ or ‘s 55 says…’

11. Start each paragraph on a new line, and leave a clear line gap after the preceding paragraph.

12. You must put page numbers on your submission.

13. Quotations and excerpts from legislation which are longer than two lines should be indented from the rest of the text in a separate paragraph. The text in quotations should not be in italics.

14. You must end your assignment with a bibliography that is divided into three parts, listing statutes, cases and books / articles.

15. A listing of a book in a bibliography should appear in accordance with the following format: Latimer, P (2010). Australian Business Law, 29th ed, North Ryde: CCH. If listing a book with multiple authors, do so as follows: Heilbron, G, Latimer, P, Nielsen, J and Pagone, T (2008). Introducing the Law, 7th ed, North Ryde:CCH.

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