Drafting law assignments for University coursework are certainly a challenging task for several students. My Assignment Services helps in delivering high quality law assignment help and writing services to students studying in Sydney, Brisbane, Perth, Melbourne and other parts of Australia. According to Merriam-Webster, law has been defined as a binding custom or practice of a community. It is a body of rules of conduct of the binding legal force and effect, prescribed, recognized, and enforced by a controlling authority. In U.S. law, the word law refers to any rule that if broken subjects a party to criminal punishment or civil liability.
As a matter of fact, law tends to affect everything. Studying law obviously helps make a career in the legal profession. But other than that, it develops your communication as well as negotiation skills.
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Most nations follow two different legal traditions of common law or civil law. Common law is generally un-codified where as civil law is codified. In common law, there is no comprehensive combination of rules and statutes. Here legislative decisions are made on precedent similar cases. In the case of countries that follow Civil Law, there are comprehensive and continuously updated legal codes for issues that has the potential to be brought to the court. There are also other categories of law including the religious law, pluralistic system and hybrid systems.Students can avail law assignment help related to corporate law and business law assignment help from My Assignment Services
Question 1: Vacant land is advertised by a real estate agent as ‘Peaceful’ and ‘Idyllic’. Brochures have been distributed with “Ideal for your dream style of living”. However, on review of the contract for the land, it is clear that local council will only allow residential houses to be built on a very small part of the land because it is affected by state government plans to widen the road next to the land. Discuss whether there has been any breach of the Australia Consumer Laws.
Answer: The main issue in the present case is whether the advertisement of the vacant land as described by agent amounts to misrepresentation. According to section 30 of Australian Consumer Law, false or misleading representations cannot be made in relation to sale or possible sale or promotion of an interest in land. The relevant area where this section operates is the sponsorship, approval or affiliation of the person who is making the statement; the nature of interest in the land; price to be paid; location; features of land; uses of land; facilities around the land. A breach of this section entails civil proceedings resulting in damages, injunction, etc. The representation can be in writing, verbal or even conduct. It can be by way of silence as well. It is essential for agents that there is accuracy about all the descriptions and words used for promotion of the property in their advertisements. When a representation is made about the possible use of land or buildings or which may be permitted legally it must be accompanied by an acknowledgement of any restrictions which may be applicable by law which has an impact on the property (Advertising and selling guide - Misleading or deceptive conduct, 2017). These may include requirements of planning, covenants which are restrictive in nature or easementary rights. Characteristic or features of land may be said to include: suitability for residential housing, possibilities for subdivision, drainage and water supply, dimension etc. if there is any possibility of future developments of property , either by state or private parties, the representation should include the term ‘Subject to Planning’. The parties also must take upon themselves to enquire and seek professional assistance independently. The location of the property must also be carefully described by the agents. In an example, a property in Perth was advertised as being ‘walking distance from Perth’s finest state schools’. Even though it was correct, it was not within the school’s catchment zone. The representation was held as being misleading even though it was accurate. An essential element to decide whether the advertisement is misleading or not is the impression it leaves on the person who sees the advertisement. If it has the result of creating false impression in the mind of the person then it amounts to misleading. The impression created in the mind of the person is the relevant thing here (Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013).
In the present case, the advertisement conveyed the idea that the vacant land was perfect for residential dwelling. There was no indication of changes in the plan due to the extension of the road by state. The advertisement clearly gives an impression that the entire land is available for the residential purposes. In view of section 30 of ACL, this amounts to misleading representation through advertisement.
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