Letter of Advice on Equity
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Added on 2020-06-06
Letter of Advice on Equity
Added on 2020-06-06
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EQUITY
LETTER OF ADVICEA legal notice in which actions which needs to take against particular situation incurredare provided to client is known as letter of advice. With the help of this specific document clientable to known that which laws can be applied on the occurred condition along with the actions.For the present scenario client is Donna and Donna Paulsen & Associates to whom letter ofadvice written which is stated below:Donna Paulson & Associates (DPA)Donna Paulson123 Wall Street, Qld, 4000.Date: 30th August 2017Subject: Potential claims and liabilities in equityThe present letter is prepared for Donna in order to give advice about the property which is soldand renovated by his uncle Daniel after misusing power of attorney. Along with this, letter givessuggestions to DPA behind taking triple cost of equipments by ATS.Under this case Donna Paulson has claim for selling house of her mother Edith against to Danieland his son Harold who is third party. In addition to this, DPA has claim against to the LLBSand Jessica who is worker of ATS behind imposing triple cost of equipment1.Prospect of success in the present case is that, there is possibility of getting suffered amountfrom the against party up to the greater extent. Moreover, as per the acts and laws Daniel andJessica must compensate to suffered party. According to the fiduciary obligation, relief available with DPA is in terms of compensationwhich will be fulfilled by Jessica. Apart from this, with Donna relief of constructive trust isavailable as per the POAA s73 which will be given by Harold. Under this also compensatorydamages remedy is there with both the parties2.1McCullagh, Richard. "Guardianship: NCAT guardianship division's reviews of enduringpowers of attorney." LSJ: Law Society of NSW Journal. 28 (2016): 86.2Powers of Attorney Act 1998, 2017. [Pdf]. Available through:<https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PowersofAttA98.pdf>1
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