LAWS20058 A Tribe Developed a Constitution

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In using the resources of the early Modules, your tribe discussed and developed a constitution. In the new constitution assume that there are rules protecting a member of the tribe from violent acts from another member of the tribe. Explain what rules protecting members of the tribe from such acts of violence were developed and why they were developed in the tribe’s constitution. Be sure to refer to Hart’s analysis of legal rules in the answer. There are additional resources on Moodle in the early Modules of the course to assist. 

In the text at pages lxxxv-lxxxvi, there is a Table of Abbreviations. In the table you will find brief details of Australian courts and legal case reports eg CLR, FCA, FCAFC and HCA; and state and territory reports eg NSWLR, NSWSC, QCA, QSC, VSC and VSCA.The report should use the IRAC method as a structure- Issue, Rule, Application, Conclusion and remedies.This structure requires you to set out clearly and in an organised way these matters arising from the court’s
decision:Identify the common law legal issues in dispute. What were the broad areas of contract law that are relevant
here?
-Explain the principles of law, the rules that the court applied and which were relevant to deciding the issue.
-Apply the relevant law to the facts. Explain how the court applied the relevant law.
-Conclusion and remedies- after the above stages how did the court reach a conclusion on the facts of the problem. Be sure to consider the remedy or remedies for the successful party.Support your analysis with case and statute eferences where relevant.

PART E 
Please note. In this question and answer you should consider only common law contract issues as set out in the Modules and text Chapters 9, 10, 11 and 12. Do not apply consumer law or other statute principles in your answer.
Pedro and Lisa were both retailers selling imported French jewellery in Melbourne, Victoria. Lisa sold her business to Pedro and in the contract agreed that she would not carry on or be engaged in the sale of imported French jewellery anywhere in Australia for a period of two years. One year after selling the business Lisa established a new retail business in Cairns, Queensland, selling imported French jewellery. Can Pedro enforce the contractual promise against Lisa?

Answer:

Lastly, the rules of adjudication element are present as well because the procedure of holding people liable is decided through a trial in which the authorised members evaluated the facts of the case to hold a member liable for his/her actions. The rules for protecting tribe members from violent actions include punishing the guilty member by imprisoning him for a specific period based on the crimes. The constitution also protects members by providing them rights based on which they can claim for damages from the member who used violence against them due to which they suffered a loss. These rules are established to let tribe members know that if they use violence against other members, then they will be punished. It reduces the number of violent acts in the tribe and promotes a peaceful environment.

[1] Patrick Parkinson, Tradition & Change in Australian Law (Law Book Company, 1994).

Rule

There is no difference between a lease agreement and commercial contract. Both of these contracts have certain terms which parties have to fulfil. Just like a commercial contract, a lease agreement which is formed between two parties can be terminated by the parties in case an essential term of the contract is violated by the party. The payment of rent clause in a lease agreement is considered as an essential term because it is the consideration of the contract. In case of non-payment of the consideration of the contract, the parties have the right to terminate the contract. Furthermore, on non-fulfilment of an essential term of the contract, the parties have the right to demand the loss of bargain from the breaching party for the loss suffered by them.

Conclusion

From the above observations, it can be concluded that a landlord (Gumland) has the right to terminate the lease agreement and demand the loss of bargain on non-compliance of an essential term of the contract by the tenant (Duffy). The remedies given in this case is $2,096,514 which included payment of arrear rent with interest along with the loss of bargain.

Part D Issue

Application

In Pryor v Given case, a real estate company made an advertisement regarding selling a land. The advertisement displayed a house on the land, and a quote was written that the house is “a wonderful place to live”. The company depicted in the advertisement that a house can be built on the land, however, the land which was advertised was subject to a planning scheme. Based on such scheme, no house can be built on such land without fulfilment of a wide range of legal conditions. The parties who wanted to build a house on such land have to comply with difficult compliances and get the construction approved before building anything.

Conclusion

Rule

The contract creates a legal relationship between two or more parties who have signed the contract. Based on this legal relationship, the parties have the right to enforce the terms of the contract on each other to ensure that all parties comply with them. In case a party did not comply with the contractual terms, then other parties can file a suit against the breaching party to legally enforce the terms on him and demand damages for the loss suffered by them.

Conclusion

From the above observations, it can be concluded that a valid contract has formed between the parties. Therefore, Pedro has the right to shut down the business of Lisa to enforce the contractual terms on her. The remedies available in this case include the specific performance of the contractual terms and payment of damages to Pedro for the loss suffered by him.

Bibliography 

Articles/Books/Reports

Turner C, Trone J and Gamble R, Concise Australian Commercial Law (Thomson Reuters, 2017).

Collins v Godefrey (1831) 1 B & Ad 950

Pryor v Given (1979) 24 ALR 442

Thomas v Thomas (1842) 2 QB 851

Criminal Law Act 1967

Austlii, Competition and Consumer Act 2010 (2018) 

Clive Turner, John Trone and Roger Gamble, Concise Australian Commercial Law (Thomson Reuters, 2017).

 Austlii, Competition and Consumer Act 2010 (2018) 

[9] (1842) 2 QB 851

[10] (1831) 1 B & Ad 950