USB145 A2_Case Analysis_n11621991
.docx
keyboard_arrow_up
School
The University of Queensland *
*We aren’t endorsed by this school
Course
USB145
Subject
Law
Date
May 18, 2024
Type
docx
Pages
11
Uploaded by PresidentCatPerson1056 on coursehero.com
Weight: 40%
Word count (15% +/- allowance): 2, 210
Date: Week 9, 24/09/2023
Type: Individual
CASE ANALYSIS
USB145 – Property Transactions
UBS145
Case Analysis
1.0
Executive Summary
The final report presents rights and obligations to the current owner of 24 James Street,
Kenmore. The rights and obligations presented are retrieved from in force legislation and laws
that apply in Queensland. More specifically, necessary legislation and law has been incorporated
into the report to provide the plaintiff with an accurate understanding of their rights in the
property dealings, this includes:
-
section 59
of the Property Law Act 1974 [n 52] s [59]
-
Section 18 of Australian Consumer Law [n 56B] s [18]
-
Australia contract law
-
Contracts (Rights of Third parties) Act 1999 [n 1] s [1]
-
Property Agents and Motor Dealers Act 2000
-
Land Sales Act 1994 [n 133] s [130]
-
Property Occupations Act [n 125] s [160]
The identification and analysis of cases displayed in high courts have also been retrieved to arrive at
accurate legal advice. The cases shown in the report include: -
Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] Furthermore, it was discovered through extensive research of the results of similar cases in
Queensland and relative legislation and law, that the plaintiff is in a position to adopt mediation. The
identification and appointment of this alternative dispute resolution was reached through the
analysis of three alternative dispute methods. The analysis of these methods revealed advantages
and disadvantages. However, mediation was chosen, as a third party is involved in the creation of a
legally binding agreement. Thie involvement of a third party will allow the plaintiff to take the
required precautions when the defendants respond to the options discussed.
After reviewing the following report, the owner of the residential dwelling at Kenmore will have a
clear understanding and perspective of her legal rights and obligations against the five parties
involved. 1
UBS145
Case Analysis
Table of Contents
1.0
Executive Summary
....................................................................................................................
1
2.0
Introduction
...............................................................................................................................
3
3.0
Part A: Legal Advice
...................................................................................................................
3
3.1
Rights and Obligations to Pete Pickle
.....................................................................................
3
3.2
Rights and Obligations to Jason Bourne
.................................................................................
4
3.3
Rights and Obligations to Brad Pitt
........................................................................................
4
3.4
Rights and Obligations to Amanda Keating
............................................................................
4
3.5
Rights and Obligations to Sandra Pickle
.................................................................................
5
4.0
Part B: Benefits and Disadvantages of Resolution methods
.......................................................
5
4.1
Mediation
..............................................................................................................................
6
4.2
Negotiation
............................................................................................................................
6
4.3
Arbitration
.............................................................................................................................
7
5.0
Part B: Application of Mediation
................................................................................................
8
6.0
Bibliography
...............................................................................................................................
8
2
UBS145
Case Analysis
2.0
Introduction
This report contains legal information relating to the current owner, Elle Woods, of a fictional
property situated at 24 James Street, Kenmore. The information provided comprises of legal advice
that addresses the owners’ legal rights and obligations in the property transaction. There are several
parties involved in the respective transaction. The benefits and disadvantages of mediation,
negotiation, and arbitration will also be identified and discussed. This discussion will assist in the
appointment of one of the alternative dispute methods to further assist the owner in forming a
successful property transaction. 3.0
Part A: Legal Advice 3.1
Rights and Obligations to Pete Pickle
Pete Pickle is the current tenant of 24 James Street, Kenmore, and occupies the land through
nominal rent on the proviso that he maintains it. Pete has interest in purchasing the residential
dwelling and is verbally promised by Elle first right of refusal, at an agreed price of $1, 500, 000. First right of refusal is a contractual right that allows a tenant to transact with the other contracting
party before other parties become involved (Chen, J. (n.d.). In this scenario, Elle verbally offers Pete
first right of refusal. According to section 59
of the Property Law Act 1974 [n 52] s [59], contracts for the sale of land are
not enforceable unless they are produced in writing (
View - Queensland Legislation - Queensland
Government
. (n.d.). It is also stipulated in this section of the act that no action may be brought upon
for the sale or disposition of land unless the contract is signed by a party that is lawfully authorised
(
View - Queensland Legislation - Queensland Government
. (n.d.). Thus, the agreement between Elle
and Pete is not enforceable and can legally be terminated. Pete also becomes involved in the transaction, where he engages with Amanda Keating, an exclusive
agent, and inquires about issues regarding site contamination at the subject property. Though,
Amanda does not disclose any contamination issues, and redirects the point of discussion. Negligent misrepresentation is the process whereby a real estate agent does not perform due
diligence in providing information relevant to real property (Perell, P. M. (1994). Furthermore, agents
can be held liable in the tort of negligence if silence constitutes misleading or deceptive conduct.
This is revealed in Section 18 of Australian Consumer Law [n 56B] s [18] that states a person must
not, in trade or commerce, engage in conduct that is misleading or is likely to mislead or deceive. Elle should also consider if the relevant arsenic contamination issues are publicly registered on the
environmental management and contaminated land registers, as in Queensland the doctrine of
caveat emptor applies (Gardiner, A. (2021, June 29).
3
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help