You will be required to prepare a letter of advice to your clients. In doing so, please note the following:
-The letter should be addressed to your clients;
-The letter should be written in a formal business manner and should adopt a logical structure. Please write in full sentences and ensure you have proof read your assignment thoroughly;
-You should briefly restate the advice that you have been asked to give (outline the scope of your advice);
-You should deal with each of the issues you have been asked to advise on;
-In dealing with the issues you must refer to the relevant cases/legislation. Reference should be made to primary sources NOT internet search engines or Wikipedia. Cases should be cited correctly in italics and with their full citation following.
-Conclude on the issues you have been asked to advise. If you feel the area is ambiguous then you should state this and provide details of further information you require from your clients. Alternatively you could conclude on balance what you think your advice would be.
-You should provide your cleints with your details/contact number in case he needs to contact you further regarding your advice.
-You should pay particular attention to describing how the cases/legislation are similar to, or can be distinguished from, your clients' situation.
A minimum of 8 cases and also legislation needs to be used for each question. This assignment is based in Australia therefore all cases and legislation need to be from Australia.
I have attached the questions but here are some extra information in regards to the questions:
Question 1: some cases that may be relevant are Sewell v Agricultural Bank of WA and ANZ v Bangadilly Pastoral Co Pty Ltd, and Pendlebury case, and Forsyth v Blundell.
You must also explain the issue of:
Mortgagee or agent selling to themselves (or through a company in which they own) and Duty of good faith when exercising power of sale.
Question 2: some cases that can be used include
Breskvar v Wall and Khan v Hadid. Remember to read your question carefully, Sven had knowledge of the fraud and as such it is brought home to the registered proprietor and thus his title has been tainted and is defeasible. You must also discuss s111 and s113.
These are just some extra information but please read the questions carefully and make sure you cite relevant cases to support your argument.
Attachment:- ASSIGNMENT_QUESTIONS_PL.pdf