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Contract Law

1. (15 marks) Dorothy, a widow, felt the family home was now too large for her to manage. She told her adult children that she was selling the home called ‘Gum Leaves’. Brian, Dorothy’s son’s closest friend, had always loved Gum Leaves and offered to buy it from Dorothy. Dorothy thought about Brian’s offer and sent him a letter which stated in part:
“I would be happy to sell you my family home ‘Gum Leaves’ for a price of $2,000,000.”
Brian responded that he would only be able to pay $1,500,000, payable in four equal instalments over a two year
period.
Dorothy wrote back to Brian, indicating that she was prepared to accept $1,500,000, and asking whether he would pay cash in one lump sum on settlement. .Brian then replied:
“I am delighted that we have reached agreement about the sale of “Gum Leaves”. I will need to pay you in four instalments as previously advised.”
Meanwhile, Dorothy received a letter from Lionel, a property developer, which advised:
“I would be happy to pay $1,750,000 in cash for your fine family home. Please advise by phoning 9788 2XXX if this is acceptable to you.”
After she received the reply from Brian advising he would still be paying in instalments, Dorothy phoned Lionel and said that she was happy to accept his offer, subject only to a contract being drawn up in a form which was acceptable to her family solicitors.
Dorothy phones her son David, telling him that she has sold the house to Lionel and asks him to let Brian know. When David phones Brian, Brian says “It’s too late – we already have a contract.”
Dorothy phones her son David, telling him that she has sold the house to Lionel and asks him to let Brian know. When David phones Brian, Brian says “It’s too late – we already have a contract.”
Lionel changes his mind and tells Dorothy he is not proceeding with the purchase.
Advise Dorothy whether she has a binding contract for the sale of Gum Leaves with either/neither or both of Lionel and Brian.
2. (5 marks) Rachael successfully breeds dogs. She sells some of the puppies (young dogs), which are highly prized. Emily agrees to buy one of the young dogs, called Fang. for $3,000, to be paid in two instalments of $1,500 each. She pays the first instalment and takes the dog away. Emily later calls Rachael and says “Can you promise me that Fang is even tempered?” Rachael says that he is and Emily promises to pay the final instalment of the purchase price. She transfers the money the following day.
Fang bites Emily in a fit of bad temper, hurting her hand. Emily commences proceedings against Rachael for breach of contract. Rachael denies that Fang’s temper was ever a term of the contract.
Advise Rachael.
3. (10 marks) Phillip takes his family to Kangaroo Island for the day. Arriving at the ferry, which he has used before, he is given a ticket on paying the fare. On the reverse side is written:
“All vehicles and passengers use this ferry at their own risk”
He does not read these words nor does he see the notice on the ferry itself that has identical wording. Due to negligent navigation by its captain the ferry collides with an underwater obstruction marked by a warning buoy. The ferry sinks slowly enough for all the passengers and crew to be rescued but the ferry and vehicles on it are lost.
Can Phillip sue the ferry company for the loss of his car? Explain your answer.

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Legal Conduct and Practice

You have been employed to be part of a new team at the Victorian Office of the Legal Services Commissioner. The Legal Services Commissioner is very keen to be proactive in raising the standards of the legal profession, and he is eager to be fully informed about current issues pertaining to contemporary legal practice, especially under the Uniform Law.

 

The Legal Services Commissioner wants to publish a series of discussion papers in order to promote discussion on a range of issues that affect legal practice now and in the forseeable future. He is acutely aware that there is a range of conflicting views within the legal profession, about many of these issues and room for improving legal service delivery

 

You are asked to write a discussion paper (500 words excluding footnotes and bibliography) focusing on the Uniform Law.

In the discussion paper you are expected to:

  • Consider, generally, the Uniform Law
  • Select topic of ADMISSION pertaining to the regulation and operation of the legal profession and analyse how the Uniform Law changes or does not change the operation and regulation of the legal profession.
  • Detail what you recommend should be the Commissioner’s stance or view on the topics
  • Present arguments for the future direction of the legal profession as it relates to the topics, and any changes to current law or thinking that you recommend
  • Research your paper by using a range of resources including relevant legislation, cases, rulings of disciplinary tribunals, commentary in professional journals, academic writing and newspapers.
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Government Policy Paper

Government Policy Paper

Select a government policy that deals with an issue, such as anti-trust (ATT break-up, Microsoft trial, …), regulation (pollution control, the Sarbanes Oxley Act, the American Clean Energy And Security ct of  2009 (Waxman-Markley Cap and Trade bill)), subsidies (welfare, farm support, Medicare, Cash-for-Clunkers program,…), or taxation (tax cuts, solar or ethanol tax credits, ..) The paper should address some, or all issues below:
* Background, rationales, and goals of the program/policy.
* Who were the intended target, and who actually benefited or were hurt by the program/policy?
* How does the program/policy affect consumers and producers welfare?
All papers must be in Microsoft Word format, typed, double-spaced, proofread, spell-checked, and between 2-5 pages (700-2000 words) in length.

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The manner in which the courts have decided the issue of which law is more superior – English Law or European Law whenever there is a conflict between national law and European Law.Support your answer with reference to relevant case law

1. The assignment must be word processed using the Arial font at size 12.

2. A complete Bibliography must also be appended at the end.

3. This essay must show evidence of research and reading.

4. You must make adequate reference to case laws, statutes or examples as may be relevant.

 

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Law and terror

Topic: Law and terror
Write an essay about the right of habeas corpus in the context of the war on terror. Your essay should address the following subtopics:
Explain the historical evolution of habeas corpus, including its English and American traditions. The explanation of its evolution within the American tradition should include the general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties.
Provide examples from U.S. history of the suspension of habeas corpus and their applicability to the present.
Analyze the relevance of habeas corpus to the contemporary U.S. situation during the war on terror, especially with respect to persons characterized by as enemy combatants or illegal combatants.
Explain the U.S. Supreme Court’s interpretation of the right of habeas corpus with respect to enemy combatants or illegal combatants (i.e., the views of the five justices making up the majority in Boumediene v. Bush as well as the views of the four dissenting justices).
Evaluate a minimum of four perspectives on this topic expressed by justices of the Supreme Court, leaders in other branches of government, and commentators in both the academic and popular media. Your evaluation should consider perspectives on the following topics as they relate to habeas corpus:
The role of the President as Commander-in-Chief.
The role of Congress in determining when habeas corpus can be suspended.
The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and
In your evaluation, you should also include your personal philosophy, values, or ideology about the balance between civil liberties and national security in the context of an unending war on terror.
Follow these requirements when writing the Final Paper:
The body of the paper (excluding the title page and reference page) must be at least 1,500 words long.
The paper must start with a short introductory paragraph which includes a clear thesis statement. The thesis statement must tell readers what the essay will demonstrate.
The paper must end with a short paragraph that states a conclusion. The conclusion and thesis must be consistent.
The paper must logically develop the thesis in a way that leads to the conclusion, and that development must be supported by facts, fully explained concepts and assertions, and persuasive reasoning.
The paper must address all subtopics outlined above. At least 20% of the essay must focus on subtopic five, listed above (your evaluation of perspectives on the topic).
Your paper must cite at least three academic articles (excluding the course textbook) and at least four other kinds of sources (e.g., Supreme Court opinions, magazine or newspaper articles, the course textbook, and reliable websites or videos).
Use your own words. While brief quotes from sources may be used, altogether the total amount of quoted text must be less than five percent of the body of your paper.
When you use someone else’s words, they must be enclosed in quotation marks followed by an APA in-text short citation (author, year, and page) to your source. The in-text citation must correspond to a full APA citation for the source on the reference page at the end of the essay.
When you express in your own words someone else’s ideas, arguments or facts, your statement must be followed by an APA in-text short citation (author, year, and page) to your source. The in-text citation must correspond to a full APA citation for the source in the reference page.
The form of the title page, the body pages, and the reference page must comply with APA style. Additionally, the title page must include the course number and name, the instructor’s name, and the date submitted.
The paper must use logical paragraph and sentence transitions, complete and clear sentences, and correct grammar, spelling, and punctuation.
For this paper you need to do research in peer-reviewed journals or other sources that are considered to have reliable information. In addition to your required course text, you need at least seven scholarly sources, three of which must be peer-reviewed journal articles from the Ashford Online Library.
Academic research papers must meet university level standards of quality. What constitutes quality, academic research?
Primary sources written by experts in the field of study
Secondary sources supported by research in primary sources
Credible sources (experts in the area of study)
Relevant research (materials are pertinent to the area of study)
Peer-reviewed journal articles (journal articles reviewed by recognized experts in the relevant field of study).
Educational and government websites (those ending with a web URL suffix of .edu or .gov) may be appropriate in some cases but should be evaluated carefully.

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international trade law

Topic: international trade law
The topic must have substantial international trade law content, although discussion of trade policy and practice can also be included.
1) “Customs Unions and Free Trade Areas were seen by the drafters of GATT as likely to lead to the growth of free trade. In practice, GATT Article XXIV has been allowed to create a form of regional protectionism.” Do you agree? Illustrate your discussion by particular reference either to the European Union, or to an FTA or Customs Union of which your own country is a member.
My country is Sultanate of Oman and sign FTA with USA along that its part of the Gulf Corporation Council GCC and share the same customs law with the other 5 gulf countries.
The structure may be -you are free to change it- as the following:
Introduction
FTA Customs unions
Customs unions
Oman trade policy

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Contract law

Topic: Contract law
This is actually an exam paper with one case which gives three questions and it is indicated on the paper that how many pages each question must have an answer. i need the maximum amount to be used, but more important is the quality of what is written not the quantity. must not exceed the page limit.
only the recourses i will give such as the book reference and the slides which i will email must be used. not the internet or anything else.
please take very good care at understanding what the professor is wanting from the questions and directly focus on that only.
the book reference that is absolutely necessary to use specially for the UCC terms is below:
Contracts
case and doctrine
fifth edition

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laws on harassment and stalking

Topic: laws on harassment and stalking
Research Massachusetts laws on harassment and stalking. Compare the differences and similarities between an Abuse Prevention Order (209A) and a Harassment Protection Order (258E) in Massachusetts. What is the origin of these laws and what is the process of obtaining one? Discuss a case where violence has still occurred even with one of these orders in place? Do restraining orders (ROs) or Harassment Protection orders (HPO) protect people? PLEASE DISCUSS ONLY ONE CASE!!!

 

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The Law of single market hiA2

The Law of single market hiA2
HAND-IN ASSIGNMENT: FREE MOVEMENT OF GOODS: DUTIES, CHARGES AND TAXES
The case law concerning Discriminatory Tax Provisions: Articles 110-113 TFEU has at times been controversial because, in particular cases, the ECJ has been required to consider difficult questions such as whether goods are similar to each other or the impact on free movement of goods of differential taxation regimes.
Review the ECJ case law surrounding Articles 110-113 TFEU, analysing the major themes that have arisen. Critically discuss the way the ECJ has balanced the priorities of the Treaty in this regard against the need for individual Member States to create taxation regimes that further national policies (e.g., protection of the environment). Comment on the consistency of the Court in this regard and identify any related development in its jurisprudence.

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Immigration law in the context of Union law

Immigration law in the context of Union law
Abstract
• You should include an ‘abstract’ of the work at the beginning of your script. This
should not be more than 500 words in length and should summarise the main topic
of the research and state overall findings or conclusions.
Contents
• This is where you should list the titles and relevant page numbers of all chapters,
sections or sub-sections, appendices and the bibliography.
Font
• You can use any legible font style available, but once you have chosen a style be
consistent and do not change it
• Font size 12 should be used. The size of chapter headings and section headings
are left to your discretion but should not be unduly large.

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