Law question

_________________ ____ ___ ___ ___ ____ ___ ___ ___ ____ ___ ___ ___ ____ ___ ___ ___ ___ ____ ___ ___ BULAW 1502: Fundame ntals of Law Se me ste r 1, 2017 Do both que stions. T he assignme nt is worth a maximum 30 marks. Que stion one is worth 20 marks (and your answe r should be be twe e n 800-1 000 words long) Que stion two is worth 10 marks (and your answe r should be be twe e n 400-800 words long) Submission instructions: T o be submitte d e le ctronically (se e instructions in moodle ) by midnight on Friday of We e k 9 Que stion one (20 marks) :

Rollins tone Ltd (Rollins tone) is an elec tric al wholes aling c om pany operating through warehous es in Melbourne, Sydney and Adelaide. It s upplies elec tric al c ons ulting s ervic es and lights , s witc hes and wiring to builders . The c om pany has an exc ellent reputation for providing good advic e, quality elec tric al work and high quality produc ts . W hen a builder c ontac ts the c om pany, Rollins tone s ends out an elec tric ian to talk to the builder. W ithin 24 hours of that m eeting Rollins tone s ends an em ail to the builder with a lis t of rec om m endations , pric es and es tim ate of delivery dates . The c lient then fills in the details on the form s ent with the em ail, s igns and returns it by em ail, pos ting a hard c opy and depos it at the s am e tim e. The goods order is then filled and the work done by Rollins tone, norm ally within one week of the builder’s reques t. Three m onths ago the c om pany was s old to Em inem who is looking for ways of c utting c os ts . This inc ludes replac ing qualified elec tric ians who leave with les s -qualified people and looking for c heaper s ourc es for equipm ent and goods . Jim i Hendric ks is a builder who has dealt with with Rollins tone for s om e years . The c redit term s , prom pt delivery, pric es and quality offered by Rollins tone are all im portant to him bec aus e he builds high quality hous es and is often working under very tight tim elines and profit m argins . One m onth ago he rang the Sydney branc h as he norm ally would, to reques t as s is tanc e with the lighting and other elec tric al work for a new hous e. Bob Dillon, who failed his apprentic es hip exam s , has rec ently been hired as an elec tric al as s is tant. Bob was s ent to give Jim i s om e advic e. After his vis it , the em ail arrived as norm al and, without reading it, Jim i duly filled in the details on the form , replied by em ail , and s ent the hard c opy plus depos it through the m ail, als o as he norm ally would. This m ail is delayed bec aus e of a pos tal s trike and does not arrive at Rollins tone’s offic es until two weeks after he pos ted it. It was only when Jim i rings Rollins tone to arrange for the work to be c arried out (three weeks after he s ent the em ail and one week after Rollins tone rec eived the hard c opy and depos it) that he dis c overed there are problem s . He is inform ed by Bett Middler, the Manager of the branc h, that s om e of Bob’s rec om m endations are im pos s ible to c arry out, that s om e s witc hes have to be ordered from a fac tory in As ia, that a s pec ialis t elec tric ian will have to be em ployed to do the work and that Jim i wil l have to pay an extra $1000 up-front if he wants the work to be c arried out within three m onths . W hen Jim i objec ts , Bett points out that in the em ail s ent by Rollins tone, the pric e and tim e es tim ates were c learly s pec ified as rough es tim ates only , and that under a new polic y of the c om pany, Jim i’s order was not s ent to the s upplier until Rollins tone rec eived his c onfirm ation and depos it by pos t . Jim i is horrified at this bad news as he has only four weeks in whic h to c om plete the hous e or fac e penalty pay m ents .

Re quire d: advis e Jim i as to his legal rights . In your ans wer, identify any lim itations to thos e rights and his ability to enforc e them . Als o lis t any further inform ation that you would find us eful in dec iding whether thos e rights c an be enforc ed. Al ways e nsure you re fe r to re le v ant case and statutory source s to support your answe r. Que stion 2 (10 marks) T he T orre ns syste m of land re gistration ( e mbe dde d in state-base d land re gistration le gislation) prov ide s for re cording, notification, prioritisation and e nforce me nt of inte re sts and claims in and against re al prope rty. T he Pe rsonal Prope rty Se curitie s Act (PPSA) prov ide s for re cording, notification, prioritisation and e nforce me nt of claims against pe rsonal prope rty. Re quire d: with re fe re nce to the abov e state me nt discuss the following (answe r a AND b OR c): a. The differenc es between real and pers onal property (4 m arks ) b. The differenc es in the nature and s c ope of c laim s s upported under the land regis tration s ys tem as oppos ed to the PPSA (6 m arks ) OR c. W hy the s tatem ent refers to “interes ts and c laim s in and agains t real property” but in relation to the PPSA refers only to “c laim s agains t pers onal property”? (6 m arks )