Sample Part B(No Answer) PDF

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PAST EXAM QUESTIONS Question 1 Charlie, a recent immigrant to Australia, has poor English and is studying English while working part time at a garden nursery. He inspects a block of land, which he believes to be suitable for growing organic vegetables. George, an experienced property developer and real estate agent, owns the land. George told Charlie that he is willing to lease his land to Charlie for five years at a monthly rental of $2,000. During that discussion, the following conversation took place between Charlie and George: Charlie:

“Will there be a rental increase during the lease period?”

George: “No increase. You have my word on that.” Charlie:

“I agree to take the lease but do you need me to sign any documents?”

George: “No need to sign anything. Just as long as you keep paying the rent there will be no problems. But in any case there is a letter which sets out the terms of the lease and rental payments. Just sign at the bottom of that letter.” Charlie signed the letter but because of his poor English, he did not read the letter carefully. The letter actually stated that the lease is “on a monthly basis and that the landlord can increase the rent by giving a month’s notice”. Some time after signing the letter, Charlie decided to withdraw from his English course and from his part-time job to concentrate on clearing his land, cultivating the soil and planting his crops. After 6 months, Charlie considerably improved the land and felt ready to start making an income from the cultivation and the sale of his vegetables. Charlie had been paying his monthly rent on time. A few months later, Charlie received a letter from George advising that he intended to increase the rent to $4,000 per month. Charlie was very upset and told George that he would not pay the increase. George produced the letter Charlie had signed and insisted that Charlie abide by the terms of that letter. George said that if Charlie refused to pay the higher rent, he would have no choice but to issue Charlie a month’s notice to end the lease and vacate the land.

. In your answer you must refer to relevant case law.

Question 2: Peter and Wendy, an elderly married couple, installed a swimming pool on their property but had not arranged for the pool to be inspected by the local council. As such, they were concerned that the pool was not safe because they found it to be very shallow at one end. Although they thought about installing a sign warning of the shallow water, they decided it was best to wait for the council inspection before erecting any signs. Before they went overseas for the Christmas and New Year period, Peter and Wendy left the house in the care of their nephew, John. Knowing that John was only nineteen years old, Peter and Wendy were worried that he would throw some wild parties at the house while they were away. They told John that he could have a party at their house on New Year’s Eve, but they left John with very strict instructions not to let anyone swim in the pool. They told him they had not yet arranged for a council inspection and were very concerned that the pool was not safe because it was very shallow at one end. On New Year’s Eve, John held a party at Peter’s and Wendy’s house. He was worried about anyone swimming in the pool as he remembered the strict instructions his uncle and aunt had left. So, he decided to make a general announcement about the pool after all the guests arrived. Using a microphone, John announced that everyone should be careful around the pool area as the pool had only recently been installed and was very shallow at one end and so, it was not safe for anyone to swim in it. The next morning, two of John’s friends, Michael and James, woke up early and decided to go for a swim in the pool. Without bothering to test the depth of the pool, James dived into the shallow end of the pool. When John woke up, he noticed Michael and James were missing and walked down to the pool where he found James face down in the water. Michael had fallen asleep by the pool. John, who is a volunteer surf lifesaver, managed to resuscitate James. As James complained he could not move, John lifted him up and carried him inside the house and put him down on a bed. A doctor later reported that James suffered spinal injuries and that these injuries were more serious than they should have been because of the way John pulled James out of the water and carried him to the house. You are asked to advise James about any claims he may have in tort, with reference to both the common law and the Civil Liability Act 2002 (NSW)....