Australian Legal System :Law Assignment

Assignment 2 (50%)

Each answer (for all questions) must set out a full explanation with all relevant authorities (contained in both the text of your answer and reference any necessary attachments).

Maximum word limit is 2,500 words. 10% leeway for going over. Anything over marks will be deducted.

Question 1 (12.5 marks) – Negligence & Nuisance

1. Discuss and explain the elements of the tort of negligence as they apply to future purchases of a domestic building and a commercial (4.5 marks)

2. Discuss the principles of the law of damages in negligence and also the role played by the proportionate liability (4.5 marks)

3. Presentation - Presentation consists of the use of secondary and primary sources as (4 marks) (Primary sources consist of case law reports, statutory sections and standard form construction contracts. Secondary sources are textbooks and journal articles).

Question 2 (12.5 marks) – Standard Form of Contract

Most building contracts are recorded in writing.

1. Discuss what documents can constitute a building Consider if the documents are different for commercial buildings and domestic buildings. (2.5 marks)

2. Discuss the powers that the superintendent has pursuant to AS 2124-1998 and is the superintendent independent or whether he represents one party in the superintendent’s (2.5 marks)

3. Imagine you are a contractor / builder under a building contract (you can choose whether it is a commercial building or a domestic building), how would you apply for a variation and a corresponding extension of time. In your answer give examples of relevant clause and their criteria, statute and any common law (4 marks)

4. Presentation – Presentation consists of the use of secondary and primary sources as (4 marks) (Primary sources consist of case law reports, statutory sections and standard form construction contracts. Secondary sources are textbooks and journal articles).

Question 3 (12.5 marks) – Construction Contract

1. What are ‘latent conditions’? Discuss the possible ambiguities of the latent site condition clause in some of the standard form contracts and consider how these are treated by common law. Compare how latent conditions are treated in commercial buildings versus domestic (4 marks)

2. What are ‘defects’ and how are they are dealt with under some of the standard form contracts and consider how these are treated by common law. Compare how defects are treated in commercial buildings versus domestic (4.5 marks)

3. Presentation - Presentation consists of the use of secondary and primary sources as (4 marks) (Primary sources consist of case law reports, statutory sections and standard form construction contracts. Secondary sources are textbooks and journal articles).

Question 4 (12.5 marks) – Dispute Resolution & Mediation

1. Discuss mediation processes in the standard form contracts, the courts and at VCAT and discuss the advantages of mediation over (5.5 marks)
2. Discuss some of the other dispute resolution options (ie, other than mediation) in standard form contracts, the courts and at VCAT, and their advantages and disadvantages compared to (3 marks)
3. Presentation - Presentation consists of the use of secondary and primary sources as (4 marks) (Primary sources consist of case law reports, statutory sections and standard form construction contracts. Secondary sources are textbooks and journal articles).