LAWS 3088/5005 Assessment

Please note:

i. The word limit can be up to 1,500 words (ex footnotes) rather than 1,000 as listed in the learning guide.

ii. Flexibility is given to you in terms of how you approach your drafting. If you believe you will go on to be a lawyer or barrister, then prepare a barrister’s advice as if you have been engaged by a firm of solicitors. If you feel you may go into court work, or the construction industry, after graduation, try write an Expert Report as if you were an expert witness (see Schedule 7 of the UCPR) giving evidence on industry practice.

iii. Brief facts to base your advice/expert report on:

a. Martina and her brother David are having a catch up with the broader family.

b. Martina says to her (builder) brother David: “I’ve been saving up for years now. I want to engage a builder to build me 6 townhouses on some land I own”.

c.David replies, “I still have my builder’s licence. How about I build them for you? That way you won’t have to go to court to settle any issues that arise”.

d. Martina replies “I need them done in 12 months. I’ve got a DA, although I haven’t subdivided yet - but I need them done in 12 months”.

e. David replies: “Sure, I’ll do the building work for $6m. It might take me about 15 months.”.

f. There was no written agreement nor any notes made.

g. Martina then is caught up at work. After a month she finally contacts her surveyor to finalise the subdivision process.

h.After 3 months, the subdivision is complete and David starts.

i. 6 months later, Martina says “you better have this job finished in 2 months’ time.

You promised you would have it done in 12 months”.j. David replies “What are you talking about? I said 15 months? And I meant 15 months from when you would hand over the site. Not from when we talked?”.

K. Martina replies “You’re the worst brother ever. I am so angry. I will see you in court”. Martina walks out and calls her lawyers; Lord Denning Lawyers.

You either:

1. Have been engaged by Lord Denning Lawyers to give a barrister’s advice as to the prospects of:
a. success of a claim (in contract and statute) by Martina to terminate the contract; and
b. advise Martina how damages would be calculated by a court if she is successful in her claim. Or alternatively you are to:

2. Write an Expert Report on common industry practice, to be filed in Martina’s case, to assist the court determine what the implied terms of the contract are.

Or

3.Some other approach as you deem fit, e.g. Oral submissions to a court in favour of David.

Tips:

1. Try to find case law, where possible, to back up you position.

2. If writing an advice, acknowledge clearly the issue’s your client will face.

3. If writing an expert report, clearly distinguish your expert opinion.

4. If giving oral submissions, make them appropriate and without exaggeration.