Reference no: EM131957231 , Length: word count:1800
CONTRACTS PROBLEM -
You work for the firm of Doherty & Co as a junior lawyer. Doherty & Co are acting for Terry and Kathleen Falvey. The senior partner in the firm, Tristan Doherty, asks you to draft a memorandum of advice on the legal issues arising from the summary of facts prepared by the summer clerk, Cecily Barber.
Tristan has known the Falveys for many years. He tells you that Terry and Kathleen have no other living children, having lost their only other son Daniel when he was 17 years old due to natural causes. As a result, they've always been very close to Brendan and also to his wife Anne, or at least they were until just after Christmas 2016 when their relationship soured.
Tristan says the family members are disputing whether Terry and Kathleen agreed to sell Tara to Brendan and Anne. His clients do not believe they did so; Brendan and Anne are adamant that they did. Tristan says all the family members understand there is a lease to rent the rural property Tara but that his clients have the legal right to evict Brendan and Anne as it is now just a periodic tenancy. Tristan further advises you that any Notice to Quit given to Brendan and Anne that gave one month's written notice of the date on which they must leave Tara would be upheld in any tribunal or court, notwithstanding that the original lease should have been registered with the NSW Lands Registry by Terry and Kathleen. He doesn't want you to give any further advice on the leasing issues.
As for discussing remedies, Tristan tells you that the memorandum of advice should not include any advice on contractual remedies even if you think there are any contracts (in addition to the lease mentioned above).
However he asks for you to include advice on how the court would approach any remedies for estoppel, even if you do not think this cause of action would be successful.
In terms of the format of your memorandum, Tristan asks you to ensure that your start with a summary of your advice, before setting out that advice in detail. You should use headings and subheadings as necessary to make the structure of your advice clear. He requests you use an 11 point font as a minimum and to use 1.5 line spacing (such as in this document).
You must cite the authorities you use (any statutes or cases relevant to your advice) by way of footnotes. You should use pinpoint citation for this and follow the requirements of the Australian Guide to Legal Citation, 3rd edition. Do not include a bibliography.
Attachment:- Assignment File.rar