Simplicity, Clarity, Legal Certainty Case Study - Law Assignment Help

Assignment Task

Scenario: You are a Senior Associate in the law practice of Victoria l-awyers. Yo matter (civil claim) between Casey Saddle and your client Eddie You arc handling a debt Cabin.tone Casey is Eddie's best friend and has engaged the lion of Alit • 1,egal she in claiming that Eddie owes her $45,000. She lent him this money cm I January 2021 to find accommodation when he separated from his wife. She has now di„„vered he away sonic of the money. 11 gambled intim-null arrangement was that Eddie would pay her back by March 2021. He has failed to do so. 

After negotiations with Casey's lawyer, the parties have agreed Eddie will repay the money in instalments to avoid going to Court. Below is a Copy of the letter from ABC Legal. You have taken instructions from lddie and he has confirmed that he is satisfied with the terms set out in Casey's lawyer's letter. 

I I Draft a final settlement agreement that incorporates the terms agreed by the parties are set out in the letter). Hisure you include the clauses listed below.

2. Please also include on a se arate sheet a brief descri i tion of how ou found and ada ted the precedents for the settlement agreement YOU!' settlement agreement must: Address the requirements of the scenario and draft a simple agreement which includes all requirements set out in the letter and Your agreement must include: the key "action clauses" (settlement p yments), a confidentiality clause, a mutual release clause, a non-disparagement clause, a no admissions clause, a jurisdiction clause,

• a default clause,

• a binding effect clause (eg executors, administrators etc)

• entire agreement clause, and

• a severability clause.

Research: Carry out research on appropriate sources/use of precedents and supported by a bibliography and footnotes of the sources you drew on research appropriate precedent clauses to use in the agreement and draft the clauses in descending order of importance. You need to briefly describe in your own words where You found the original clause and how you have adapted or redrafted it into plain English. You can do this at the end of your assignment. 
 

• Writing & AGLC

• Keep in mind the key principles — Simplicity, Clarity, Legal Certainty

• A key focus of this assessment is legal drafting using principles of Plain English. If you use a precedent clause that is drafted in legalese, you must adapt it into Plain English. You must reference in a footnote any 

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