Assignment brief: This assessment is made up of two parts. In the first part, you need to provide an overview of the Australian legal s
Assignment brief: This assessment is made up of two parts. In the first part, you need to provide an overview of the Australian legal system and the sources of law (case law and legislation). In the second part, you need to consider the following case study and answer the questions set out below. The case study Mary, a licenced home builder, was contacted by Pat to build a new shed at the back of his home in Newcastle East. Pat gave Mary the design for the proposed new shed, which is spectacular and will be a complex build since the construction site is on a sloping block which is difficult to access. Mary let Pat know that it will be a complex build and quoted $200,000 to build the shed in 6 weeks. Pat agreed to the price and the 6 week construction period. Mary and Pat never signed any written contract and Mary commenced work on the project. Discuss and outline: whether Mary and Pat have entered into a legally enforceable contract; if so, the terms that make up that contract and the rights the parties may have in relation to that contract; and what forms of written contract Mary and Pat could have executed for the project, including standard form contracts. The works were completed after 8 weeks. Once the works were completed, Pat said the shed Mary had built was not what he wanted and refused to pay her final invoice of $20,000. He said the ceiling was too low and the doors too narrow and he would need to pay for a new builder to fix Marys poor work. He also said she delivered the work late. Mary said she built the shed in accordance with the design Pat gave her, including changes in plans he delivered to her during construction. She said the delays in completing the work were because of those changes and some asbestos she discovered buried in Pats backyard. Mary still wants to be paid for her work. Marys invoices (including the disputed final invoice) did not make any reference to the Building and Construction Industry Security of Payment Act 1999 (NSW). Explain what options are available to both Pat and Mary to resolve the dispute. Outline what legal arguments each of them could raise in relation to any contract and what remedies each of them
3 ARBE1301 Construction Law and Legislation Course Assessment may have in relation to any contract, including any defences that may be available to each party in response to the other partys claims.
Expand on legal history more
Law is a system of rules regulating the behavior of a society imposed by the supreme authority (Reid, 2022)
The law of the land is the sum total of all the rules by which the legal system regulates society. In a more general context, the law refers to the whole legal system including institutions, machinery, rules, and the personnel who operates them (Bailey, 2018)
In 1828 Australia inherited the British legal system at the time consisting of statute and case law that was applicable to New South Wales and Van Diemens Land. As a result some ancient statutes and principles of English law still apply today. Since the adoption of English law, the Australian legal system has developed its own body of case law principles determined by judicial decisions in the state and federal courts and its own statutes passed first by colonial, then state, territory, and Commonwealth, legislatures. ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ZjahwESg","properties":{"formattedCitation":"(Ian Bailey, 2018)","plainCitation":"(Ian Bailey, 2018)","noteIndex":0},"citationItems":[{"id":"kzYLnkGb/EYyEV1AO","uris":["http://zotero.org/users/local/U2DJTjun/items/25TIZQJM"],"itemData":{"id":6,"type":"book","event-place":"Sydney, AUSTRALIA","ISBN":"978-0-455-50058-4","publisher":"Thomson Reuters (Professional) Australia Pty Limited","publisher-place":"Sydney, AUSTRALIA","source":"ProQuest Ebook Central","title":"Construction Law in Australia","URL":"http://ebookcentral.proquest.com/lib/newcastle/detail.action?docID=5719176","author":[{"literal":"Ian Bailey"}],"accessed":{"date-parts":[["2022",7,29]]},"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Bailey, 2018)
Australia has developed and grown its legal system but is still influenced in appropriate circumstances by England and other common law systems (including New Zealand and Canada).
In the common law system, there are two sources of law:
1. Case law: laws developed through judicial decisions (i.e. decisions of judges); and
2. Legislation: law created by Parliament by passing statutes or by subordinate/delegated legislation (e.g. regulations).expand on common law
In common law, judges oversee adversarial proceedings to make decisions based on the evidence and arguments put before the court. The fundamental concept of the common law is the "doctrine of precedent" by which a judge's decision will determine or influence subsequent cases. ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"PJLg4eTT","properties":{"formattedCitation":"(Ian Bailey, 2018)","plainCitation":"(Ian Bailey, 2018)","noteIndex":0},"citationItems":[{"id":"kzYLnkGb/EYyEV1AO","uris":["http://zotero.org/users/local/U2DJTjun/items/25TIZQJM"],"itemData":{"id":6,"type":"book","event-place":"Sydney, AUSTRALIA","ISBN":"978-0-455-50058-4","publisher":"Thomson Reuters (Professional) Australia Pty Limited","publisher-place":"Sydney, AUSTRALIA","source":"ProQuest Ebook Central","title":"Construction Law in Australia","URL":"http://ebookcentral.proquest.com/lib/newcastle/detail.action?docID=5719176","author":[{"literal":"Ian Bailey"}],"accessed":{"date-parts":[["2022",7,29]]},"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Bailey, 2018)
Australian parliemnt explain?
Legislation law is created by or with the authority of parliament.
Enacted law explain
Case law explain
Explain the court system and tribunals
Australia has a hierarchy of courts based on the consideration on the value of the matters being heard. High Court is the highest and the final court of appeal, below that, are the federal court and the state and territory courts. In addition to the court system, Australia has tribunals to reduce time, money, and burden on the courts.
Part twoCase Study Residential Contract Dispute
Introduction
Enforceable Agreements
Standard Form Contracts
Home Builder Mary
Homeowner Pat
Assignment brief: This assessment is made up of two parts. In the first part, you need to provide an overview of the Australian legal system and the sources of law (case law and legislation). In the second part, you need to consider the following case study and answer the questions set out below. The case study Mary, a licenced home builder, was contacted by Pat to build a new shed at the back of his home in Newcastle East. Pat gave Mary the design for the proposed new shed, which is spectacular and will be a complex build since the construction site is on a sloping block which is difficult to access. Mary let Pat know that it will be a complex build and quoted $200,000 to build the shed in 6 weeks. Pat agreed to the price and the 6 week construction period. Mary and Pat never signed any written contract and Mary commenced work on the project. Discuss and outline: whether Mary and Pat have entered into a legally enforceable contract; if so, the terms that make up that contract and the rights the parties may have in relation to that contract; and what forms of written contract Mary and Pat could have executed for the project, including standard form contracts. The works were completed after 8 weeks. Once the works were completed, Pat said the shed Mary had built was not what he wanted and refused to pay her final invoice of $20,000. He said the ceiling was too low and the doors too narrow and he would need to pay for a new builder to fix Marys poor work. He also said she delivered the work late. Mary said she built the shed in accordance with the design Pat gave her, including changes in plans he delivered to her during construction. She said the delays in completing the work were because of those changes and some asbestos she discovered buried in Pats backyard. Mary still wants to be paid for her work. Marys invoices (including the disputed final invoice) did not make any reference to the Building and Construction Industry Security of Payment Act 1999 (NSW). Explain what options are available to both Pat and Mary to resolve the dispute. Outline what legal arguments each of them could raise in relation to any contract and what remedies each of them
3 ARBE1301 Construction Law and Legislation Course Assessment may have in relation to any contract, including any defences that may be available to each party in response to the other partys claims.
Expand on legal history more
Law is a system of rules regulating the behavior of a society imposed by the supreme authority (Reid, 2022)
The law of the land is the sum total of all the rules by which the legal system regulates society. In a more general context, the law refers to the whole legal system including institutions, machinery, rules, and the personnel who operates them (Bailey, 2018)
In 1828 Australia inherited the British legal system at the time consisting of statute and case law that was applicable to New South Wales and Van Diemens Land. As a result some ancient statutes and principles of English law still apply today. Since the adoption of English law, the Australian legal system has developed its own body of case law principles determined by judicial decisions in the state and federal courts and its own statutes passed first by colonial, then state, territory, and Commonwealth, legislatures. ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ZjahwESg","properties":{"formattedCitation":"(Ian Bailey, 2018)","plainCitation":"(Ian Bailey, 2018)","noteIndex":0},"citationItems":[{"id":"kzYLnkGb/EYyEV1AO","uris":["http://zotero.org/users/local/U2DJTjun/items/25TIZQJM"],"itemData":{"id":6,"type":"book","event-place":"Sydney, AUSTRALIA","ISBN":"978-0-455-50058-4","publisher":"Thomson Reuters (Professional) Australia Pty Limited","publisher-place":"Sydney, AUSTRALIA","source":"ProQuest Ebook Central","title":"Construction Law in Australia","URL":"http://ebookcentral.proquest.com/lib/newcastle/detail.action?docID=5719176","author":[{"literal":"Ian Bailey"}],"accessed":{"date-parts":[["2022",7,29]]},"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Bailey, 2018)
Australia has developed and grown its legal system but is still influenced in appropriate circumstances by England and other common law systems (including New Zealand and Canada).
In the common law system, there are two sources of law:
1. Case law: laws developed through judicial decisions (i.e. decisions of judges); and
2. Legislation: law created by Parliament by passing statutes or by subordinate/delegated legislation (e.g. regulations).expand on common law
In common law, judges oversee adversarial proceedings to make decisions based on the evidence and arguments put before the court. The fundamental concept of the common law is the "doctrine of precedent" by which a judge's decision will determine or influence subsequent cases. ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"PJLg4eTT","properties":{"formattedCitation":"(Ian Bailey, 2018)","plainCitation":"(Ian Bailey, 2018)","noteIndex":0},"citationItems":[{"id":"kzYLnkGb/EYyEV1AO","uris":["http://zotero.org/users/local/U2DJTjun/items/25TIZQJM"],"itemData":{"id":6,"type":"book","event-place":"Sydney, AUSTRALIA","ISBN":"978-0-455-50058-4","publisher":"Thomson Reuters (Professional) Australia Pty Limited","publisher-place":"Sydney, AUSTRALIA","source":"ProQuest Ebook Central","title":"Construction Law in Australia","URL":"http://ebookcentral.proquest.com/lib/newcastle/detail.action?docID=5719176","author":[{"literal":"Ian Bailey"}],"accessed":{"date-parts":[["2022",7,29]]},"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Bailey, 2018)
Australian parliemnt explain?
Legislation law is created by or with the authority of parliament.
Enacted law explain
Case law explain
Explain the court system and tribunals
Australia has a hierarchy of courts based on the consideration on the value of the matters being heard. High Court is the highest and the final court of appeal, below that, are the federal court and the state and territory courts. In addition to the court system, Australia has tribunals to reduce time, money, and burden on the courts.
Part twoCase Study Residential Contract Dispute
Introduction
Enforceable Agreements
Standard Form Contracts
Home Builder Mary
Homeowner Pat
