{"id":430,"date":"2015-04-29T17:05:21","date_gmt":"2015-04-29T07:05:21","guid":{"rendered":"http:\/\/casestudyhelp.com\/sample-questions\/?p=430"},"modified":"2018-01-29T22:26:28","modified_gmt":"2018-01-29T11:26:28","slug":"research-help-on-property-law","status":"publish","type":"post","link":"https:\/\/casestudyhelp.com\/sample-questions\/research-help-on-property-law\/","title":{"rendered":"Research help on PROPERTY LAW"},"content":{"rendered":"

LWB243 PROPERTY LAW<\/strong>
\n RESEARCH ASSIGNMENT 2015<\/strong><\/p>\n

Word limit<\/strong>: 2,500 words<\/p>\n

Your assignment is to write a legal opinion in response to the Brief to Counsel below.<\/p>\n

you will need to have some background
\nunderstanding of other areas of law, such as insolvency and corporations law, in order to
\nappreciate the context in which the problem is set. Be aware, though, that you are being
\nassessed and marked on your response to the property law issues raised in the assignment
\nand that you will not be rewarded for writing about other issues.<\/p>\n

You are given a precedent document that sets out the form in which your opinion is to be
\ngiven. That precedent opinion document is attached to these instructions and an electronic
\ncopy can be found in a separate file on the LWB243 Blackboard site.<\/p>\n

Each paragraph of your opinion is to be numbered. Your assignment also is required to
\nconform to the requirements set out in the study guide and the requirements of the
\nAustralian Guide to Legal Citation (3rd edition).<\/p>\n

Instructions
\n1. You are instructed to provide a memorandum of advice in relation to a letter received by
\none of the firm\u2019s clients.
\n2. Blackacre Lawyers act for Lukies & Co Chartered Accountants (\u201cthe client\u201d). The client
\nhas been appointed as administrator of Marble Haven Pty Ltd (\u201cMarble Haven\u201d), Marble
\nHaven having recently been placed in external administration.
\n3. The administrators wish to call in and realise Marble Haven\u2019s assets and distribute the
\nproceeds to Marble Haven\u2019s creditors.
\n2
\n4. On 7 March 2015, the client received a letter from Whiteacre Commercial Lawyers, in
\nwhich it is claimed that Mediterranean Marble Pty Ltd (\u201cMediterranean\u201d) is entitled to a
\nquantity of uncut marble that Marble Haven has in its possession. Marble Haven does
\nhave the uncut marble referred to in that letter in its possession.
\n5. You are instructed that Marble Haven regularly obtains marble from Mediterranean,
\nwhich it cuts and shapes to form various furnishings for houses and business premises.
\nMarble Haven routinely turns the marble it purchases from Mediterranean into things
\nsuch as tabletops and bench tops, as well as flooring, steps and wall panels.
\n6. On about 22 August 2012, Marble Haven\u2019s sole director and majority shareholder, Mr
\nRoger Andrew Sibin, executed an agreement styled, \u201cCredit Account Application (and
\nTerms and Conditions of Trade)\u201d on behalf of Marble Haven. The parties to this
\nagreement are Mediterranean and Marble Haven. A copy of this agreement is included in
\nyour brief.
\n7. We are instructed that Marble Haven would order stock from Mediterranean and pay for
\nthat stock in the following way.
\n(a) Marble Haven\u2019s employees would fax purchase orders to Mediterranean. Each
\npurchase order was expressed to be subject to Mediterranean\u2019s Terms and
\nConditions of Trade (which are attached to the Credit Account Application
\nsigned by Mr Sibin).
\n(b) Mediterranean would then supply Marble Haven with stock. Marble Haven\u2019s
\nemployees would sign delivery dockets acknowledging receipt of delivered stock.
\n(c) Once Marble Haven had used stock, Mediterranean was advised (either at that
\npoint in time, or by a monthly stocktake of consignment stock). Mediterranean
\nwould then invoice Marble Haven for the stock used.
\n8. We understand that Marble Haven is not generally known to its creditors to be selling or
\nleasing goods of others.
\n9. You are instructed to advise Blackacre Lawyers by answering the following questions
\n(and you are to use these questions as headings).
\n(a) Is Mediterranean\u2019s interest a security interest under the PPSA?
\n(b) Has Mediterranean\u2019s interest in the marble been perfected?
\n(c) Do the administrators need to return the marble to Mediterranean?
\n(d) Would the result have been different at common law had the PPSA not been
\nenacted?
\n10. Please note that you are instructed to give a memorandum of advice, and are not
\ninstructed to draft a letter.<\/p>\n

 <\/p>\n

To get answer chat with online assignment adviser<\/strong><\/p>\n

\"Hire<\/a><\/p>\n