Fundamentals Of Law

Running Head: Fundamentals Of Law
FUNDAMENTALS OF LAW

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Fundamentals Of Law
Table of Contents
Question 1..................................................................................................................................3
1. Claim of buyer against seller, Potential defense for seller and Potential prevailer............3
2. Remedy for buyer...............................................................................................................4
Question 2..................................................................................................................................6
a. Chattel Mortgage................................................................................................................6
b. Perfection............................................................................................................................6
c. Fixture.................................................................................................................................6
d. Torrens-registration system for interests and rights regarding land...................................7
e. Leasehold............................................................................................................................7
References..................................................................................................................................8

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Fundamentals Of Law
Question 1
1. Claim of buyer against seller, Potential defense for seller and Potential prevailer
The provided case scenario has mentioned that the buyer wanted to buy a van to start a
courier service and he has mailed a check of $5000 to the seller for booking the van. Sellers
have mentioned that he can sell the van to buyer if he gets the check. He will sell the van
after taking rest of the money in the very next week. However, he has breached his promise
and buyer has the right to proceed legally against the seller by claiming for compensation
based on the promise. In this case, contractual promises have been done by sellers and he has
failed to keep his promise. As suggested by Otabor-Olubor (2015), contractual promises
are made before legal contract and estoppels are considered in order to evaluate this kind of
promises. Buyer can legally proceed to get his claim by considering the concept of
promissory estoppels. Similar case has been seen in the case study of Legione v Hateley
[1983] and first time the concept of estoppel has been adopted by the Australian High Court.
In this case, breach of contractual speculation has taken place as one of the parties has denied
providing extension after getting the deposit money. The buyer has the written proof of that
mail to the seller regarding provision of deposit amount and this aspect can help buyers to
claim his money back along with compensation. The seller has misrepresented the price of
the van through his advertisement. On the ground of misrepresentation by the seller, the
buyer is able to proceed against him in the Court with the help of the Competition and
Consumer Act 2010.
Potential defense for seller
There was no legal agreement have been signed between the buyers and the seller. The seller,
in this case, can consider this aspect to defend him. As there well no legal boundary, seller
can step back. According to Engel, George & Keller (2016), the Australian Contract Law