BSBCNV505 The Surrounding Fence
1 Write down your topic.
2 Identify your search terms, the keywords and phrases.
3 Consider any alternative keywords or phrases that could be used. These could be related terms or plural terms, spelling variations, broader terms to expand your results or narrow terms to reduce your results.
4 Develop your search strategy by writing each word in a concept map or box, combine the words with Boolean Operators such as AND & OR and truncate or wildcard your terms. Truncation varies in each database but it is usually identified by an asterisk.
5 Select appropriate resources to search. This will require searching one or more databases depending on the subject coverage of the particular database chosen.
2 Identify your search terms, the keywords and phrases.
3 Consider any alternative keywords or phrases that could be used. These could be related terms or plural terms, spelling variations, broader terms to expand your results or narrow terms to reduce your results.
4 Develop your search strategy by writing each word in a concept map or box, combine the words with Boolean Operators such as AND & OR and truncate or wildcard your terms. Truncation varies in each database but it is usually identified by an asterisk.
5 Select appropriate resources to search. This will require searching one or more databases depending on the subject coverage of the particular database chosen.
Electronic legal research tools are available via the World Wide web, such as AustLII, and specialised subscription-based databases, such as Lawlex, Westlaw, LexisNexis AU, CCH Online and Lawbook Co Online. It must be remembered that the time-saving benefits of these tools are immense to the legal researcher, but the authoritative print versions of primary law sources are still considered the authorised law.
The benefits of the legal electronic research services are vast indeed, but they still must be viewed as supplementary to the primary law print resources. Unfortunately there is a view held by many students oflaw and legal research that if the law does not exist electronically, then it does not exist at alL Just because it is in electronic form does not necessarily mean that it is the most up-to-date law. This really is a dangerous assumption to make.
Answer:
- The 6x3x1 m pool which is above the ground would be taken as a chattel. It would need to be considered additionally that the whether the pool is fixed to the ground or not. In case it is not fixed to the ground only then it would be a chattel and otherwise it would be a fixture. The surrounding fence would also be a chattel in case the pool is itself a chattel. Even if the pool is a fixture the fence would be a chattel
- In situation where Keiko purchases the asset into a fee simple form being a life tenancy, he needs to have an agreement with all other beneficiaries who would be entitled to get the benefit from the property when Keiko dies. Without the agreement the purchases cannot be considered as valid.
- There are various ways in which the rights of the purchaser may be affected by acceptance of title via s 27 and 32. In case there has been a careless , negligent or fraudulent supply of wrong information done by the vender, it would be considered as an offence under the operation of s 32 and 27 of the SoLA. The purchaser in this case can not only rescind the contact but also may recover any money which is deposited by him via s 27(8).
- The answer is D, passes possession to the pledgee with a right to redeem the debt within a previously agreed upon period of time.
- The term which asks Harry in this situation to pay 10% of additional construction costs in case it is more than the building budget would not be a valid term under the operation of s 32 of the SoLA
- A person does not have the right to being an action under the Domestic Building Act in the Supreme Court, Magistrates Court, or County Court as via s 57 only the tribunal has the responsibility of addressing disputes
- In case there is a carport built without a permit the vender does not have any obligation to disclose. This is because they have to disclose buildings which have a permit within the last seven years.
- In case where there is an amount which needs to be paid in relation to the mortgage it is the duty of the vendor to disclose it under s 32 of SoLA.
- The two exceptions which are present in relation to the general rule of purchasing and selling a property are as follows
- The parties must not have an unsound mind at the time the contract is formed
- The consent provided by the parties have to be a free consent which means that is should not have consent vitiating factors like coercion, misrepresentation and duress.
- There is a simple distinction between a valid contract and a void contract. A void contract cannot be enforced in the court legally, where as a valid contract can be enforced.
- In case a purchaser has delayed settlement the vender is likely to get penalty interest. However this would not be the case if the inconvenience is caused by the vender. Here no inconvenience is caused by the vender and thus a interest can be claimed. The legislation is SoLA.
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