Assessment three consists of 4 short problem questions.
Assessment three consists of 4 short problem questions.
Questions 1, 2 and 3 are worth 10% each and question 4 is worth 20%.
The problem questions will cover topics between Week 2 and Week 11 (inclusive).
Please use headings and sub-headings.
There is no need for an introduction or conclusion for this task. There is no need for a bibliography.
Upload your answers via Turnitin on Canvas.
Hint: Try and keep your answers to each questions 1, 2 and 3 to be of length of around 400 words, and for question 4 to be of length of around 800 words.
Other Hints: In relation to question one, the following High Court case is relevant: Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387. The question focuses on an issue in contract and specially the topic of estoppel. You may access this case on Austlii at: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1988/7.html.
In relation to question 2, the focus of the question is on a specific area of torts and in particularly the issues of causation.
In relation to question 3, the focus of the question is on a specific area of torts.
In relation to question 4, the focus of the question is on a specific area of Australian consumer law.
Your work must be your own. Assisting another student or gaining assistance from any third party will be dealt with under the University Rules.
Length: 2,000 words (includes footnotes and headings). There is a 10% leeway.
Please click on link below for take-home paper:
Take Home (without answers)-1.doc
University of Technology Sydney
Construction Law and Ethics
Assessment 3: Four Short Problem Questions
2023
Question One (worth 10%)
John, Paul, George and Bingo were musicians in a band called the Beagles.
One day, the Beagles decided to build their own studio called Apple Records. The Beagles found a great location of land on the corner of Abbey Road, Sydney. The land was owned by a company called Surf Boys. The owner of Surf Boys was Brian Wilsun. The Beagles intended to lease the land from Surf Boys for a period of 50 years.
The lawyers of the Beagles contacted the lawyers of the Surf Boys. Both parties entered into negotiations. There was an old building on the site, which was to be demolished by the Beagles and new one was to be erected by 1 July 2023.
On 1 January 2022, a draft lease agreement was forwarded to the lawyers of the Beagles. Some amendments were discussed and lawyers for Surf Boys was advised that the Beagles had begun to demolish the old building on the site.
On 1 February 2022, the lawyers for Surf Boys were advised that if the lease agreement was not completed in the next few days it would be impossible for the new building to be completed in time.
It was also said that the Beagles did not want to demolish a new part of the old building until it was clear that there were no problems with the agreement. On the same day, the lawyers for Surf Boys sent new documents which incorporated the amendments stating that whilst they had not got their instructions from Mr Wilsun (who was surfing in Hawaii), but they believe that there would be no problems in gaining approval. The lawyers also advised that if there were any problems, they would advise the Beagles the next day.
On 10 February 2023, the lawyers for the Beagles forwarded the contracts by way of exchange and the demolition of the new part of the building commenced.
On 1 March 2023, the Beagles began construction of the new building which was approximately 35% complete when they were advised that the Surf Boys did not want to proceed with the lease.
Question
Advise the Beagles where they can in contract law make any claim for compensation for their expense of the cost of demolishing the old building and erecting part of the new building? (10 marks)
PTO for next question
Question Two (worth 10%)
John, Paul, George and Bingo were musicians in a band called the Beagles.
The Beagles hired a construction company called Guns N Rails (GNR) to build a record store in Penny Lane, Sydney. The owner of GNR was Axel.
After 9 months into the construction of the building, Axel was given a major construction contract from the NSW Government. That contract was to commence in the following month.
In order to complete the building within the month, Axel started to work nights on the construction site.
One evening around 11:30pm, Axel delivered 20 bags of cement to the construction site. As he was in a hurry, Axel parked his truck in the middle of the road with the hazard lights on. The street was dimly lit, and there was limited lights on at the front of the construction site.
Axel started to carry the bags of cement onto the site when another vehicle drove down the road at high speed and crashed into the back of his truck. The driver, named Lars, had been drinking and was distracted by a rock song on the radio called You could be mine.
Lars suffered serious injuries had to be taken to the hospital.
Question
Advise Axel whether he is liable for the injuries to Lars? (10 marks)
Question Three (worth 10%)
John, Paul, George and Bingo were musicians in a band called the Beagles.
The Beagles owned a waterfront property in North Sydney with a boat shed and jetty. The Beagles often went to the waterfront property for holidays and frequently used the boat to go fishing.
One day a ship, owned by a company called Speed Cruiser Pty Ltd (Speed) was wrecked nearby the boat shed and jetty. The ship was leaking oil in the water. The captain of the ship discussed with the Beagles that the ship was leaking oil and the oil was heading towards the boat shed and jetty.
John, Paul, George and Bingo asked the captain whether the oil was dangerous and ask whether they should contact any authority to inform them of the leaking oil. The captain replied:
No. Do not contact anyone. The oil is not dangerous as it is in the water and the temperature of the water is not hot enough for the oil to reach ignition temperature. Just dont throw any cigarettes in the water for the next few days.
One day later, the Beatles threw a party on the property and one of the guests threw his cigarette in the water. Within seconds, the jetty and the boat and boat shed caught fire causing significant damage.
Question
Advise the Beagles on what area (or areas) of law they may be able to sue under, and whether they can make a claim for compensation again Speed for damages to the boat, shed and jetty? (10 marks)
Question Four (worth 20%)
John, Paul, George and Bingo were musicians in a band called the Beagles.
On day the Beagles decided to build a Skyscraper in the middle of CBD in Sydney.
The Beagles hired a construction company called Cement Construction Pty Ltd (Cement).
Mr Gibbs was an employee of Cement on the site. His duties included the moving of grates positioned at the entry points to ventilation shafts. Before carrying out his work, Mr Gibbs was told by his supervisor, that each of the grates was secured by three bolts on either side. This was not the case.
Mr Gibbs went to the second level and started work on the ventilation shafts. While he was removing one of the grates, it gave way and Mr Gibbs fell two floors to the bottom of the shaft. He suffered serious injuries.
Later that year, the Skyscraper was completed. The Beagles decided to sell the building to another company called Fleetwood Pty Ltd (Fleetwood). During the negotiations, John made a number of representations that the building complied with all council fire and safety requirements. However, this was not the case.
The lawyers of the Beagles emailed Fleetwood a copy of the contract, with a covering letter. In the covering letter, the lawyers wrote that as referred to by our client, the Skyscraper complies with all council requirements, but this information has been provided to us by another source, and while we do not doubt it, we advise you to make your own inquiries.
Fleetwood instructs its lawyers to make inquires with the council, but the lawyers failed to do so.
One week after the contract has been signed, Fleetwood discovers that the Skyscraper is not compliant with the fire and safety requirements of Sydney City Council.
Question
Advise Mr Gibbs as to whether he can make a claim against his employer for misleading conduct or misrepresentation under either contract law or under the Australian Consumer Law? (10 marks)
Also Advise Fleetwood of whether it has a claim under the Australian Consumer Law against the Beagles and/or their lawyers? (10 marks)
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