Legal Report On IRAC Method, Hart System, Criminal Code, And Contract Law Cases

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.

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

IRAC Method Structure

The selective tribe for the assessment lives in the west cape region of Queensland state of Australia. Some of the members of this tribe were doing violent acts with other members of the tribe; therefore the leader of the tribe along with some other experienced member has established and developed a constitution. The constitution consists of many rules in order to prevent such violent acts. The prepared constitution is developed according to hart system.

The motive behind the development of this constitution is to stop such violent acts and to regulate the behavior of members towards other members of the tribe. Under this constitution provisions related to penalties and imprisonment is involved. According to the constitution, the responsible and guilty members of the tribe will be liable to give penalty or fine. In addition to this, in the cases of serious nature crime, freedom of guilty person can be freeze for a period of time and they can be held liable for the imprisonment. Further, some of the crime such as the murderof other member are of nature where the guilty member can be sentenced with fine and imprisonment, both at a time.

The creator and developers of this constitution have used Hart System. According to the requirement of this system, the developed constitution has recognized and well defined rules. Further, hart system involves change aspect in current law. Similarly the subjective constitution also allows the changes in current rules and provisions as per the requirements of change by following a prescribed procedure of voting. At the end as hart system covers the aspect related to adjudication; similarly the constitution discussed here also covers the same. This has a clear understanding that on whom the same shall be applicable and in what circumstance the same will be treated as breach.

In Canada, the Criminal Code is there to prevent the criminal cases. This code consists of the provisions related to penalty and sentenced in the matter of criminal offenses in the nation. For a different kind of criminal offenses such as sexual offense, murder, and criminal negligence, a different volume of penalties are there. For instance, in the cases of kidnapping, the guilty person will be held liable for the imprisonment of a term 5 years (at first offense) and 7 years in the case of subsequent offense. Further, for the sexual offenses, provisions related to the different level of monetary penalties and imprisonments are there.

Selective Tribe and Constitution Development using Hart System

In Australia, every state has it is own separate legislation over the topic of criminal law such as NSW has Crimes Act 1990  and so on. Apart from the state legislation, the federal government has it is well-defined legislation on criminal law that is Criminal Code Act 1995. This code is applicable to the external territory. This code provides penalties in relation to criminal offenses. For the cases of kidnapping and Unlawful sexual penetration, imprisonment of 15 years is prescribed in this code. In a comparison of both these codes, this is to state that both have their different scope and penalties according to the situation of offenses.

Both of the aforementioned acts are developed according to Hart System. As the Hart system requires the rule of recognition, the rule of change and rule of adjudication for legislation, both of the above-discussed law does consist of these factors. The criminal code of Canada and Criminal code 1995 of Australia, have detailed rules and a clarification to which they are applicable. In conjunction to this, changes are also possible in both of these codes. Further, at last conditions are prescribed in which a person will seem to be held liable as per the rule of adjudication.

Gumland Property Holdings Pty ltd. V  Duffy Bros Fruit Market ( Campbelltown) Pty Ltd

The issue of this case is related to the identification of  the right of a landlord about his property, the damages in case of breach of rent deed and about the bargain damages.

Contract law is a significant branch of common law. Breach of a contract brings civil liabilities. Such breach can be in any form. Mainly breach of any contractual term attracts the issue of breach of contract. Further, as per the provisions of contract law, a lease deed is also a contract. In case of breach of any term of a lease deed, the whole contract will be treated as breached, until unless otherwise is provided in the contract. Consideration is an essential element of a contract, the absence of which an agreement will remain, merely an agreement. In conjunction with this, damages are also an important content of a contract, which comes into light in the case of breach of a contract. Court decides the volume of damages in every case according to the circumstance of each case.

The case is Gumland Property Holdings Pty ltd. V  Duffy Bros Fruit Market ( Campbelltown) Pty Ltd. In the cited case, the transit named Transit Management Pty Ltd has given it is a shoppingcenter on lease to the Duffy Bros Fruit Market Pty Limited. Soon, the tenant has realized that the same shall not be able to pay the full rent and therefore has decided to sub-let the property of shopping center after consultation with transit. Later on, transit has sold out his property to a third party namely Gumland Property Holdings Pty Ltd with all the rights ofthe lease. The sub tenant lease has ended up in the year 2002 and afterward the tenant i.e. Duffy bros started paying half rent only, hence Gumland Property Holdings Pty Ltd brought an action against to Duffy bros to get the necessary damages along with bargain damages and arrears of rent. Duffy bros argued that payment of rent was just a term of the contract and no where it was mentioned that the same will lead the whole contracts.

Criminal Code in Canada and Australia

The lead argument of Duffy bros was that the non-payment of rent cannot success a claim for the breach of contract. Further, if the contract was actually breached too, then also Gumland Property Holdings Pty. Ltd. Can ask for the outstanding of the rent only but not for the bargain damages. In the decision of the case, the high court has given a decision in the favour of Gumland Property Holdings Pty. Ltd. The court was held that the payment of rent was an essential condition of the contract as it was the only consideration of the transaction, and therefore the company is eligible to receive arrear of rent.

In conclusion of the case study, the court has provided a decision in ten favour of the property owner. The main basis of the argument was that consideration was an important term of the lease contract and breach of this term has attracted another issue of breach of contract. Court held that lease agreements are a kind of commercial contracts. The further court has provided bargain damages and outstanding of rent to Gumland Properties and also allowed this party to terminate the lease contract as the tenant has breached the same before.

The remedy, which was granted to Gumland Properties as damages worth $2,096,514.

Report: This report is based on Australian Contract Law and detailed the facts and significance of the case Rakic v John Lyng Insurance Building Solutions (Victoria) Pty Ltd (Trustee). Misrepresentation in a contract is one out of important issues and therefore study of the same is required. This case also focuses on the aspects of consumer law of the nation. Following is a glance over this case.

Whether the employee Ms.Rakic can request the court to cancel the contract made between her and her employer John Lyng on the basis of the fact of misrepresentation.

Under Contract Law, Misrepresentation is an important term. This is a type of unfair terms explained in Contract law. Misrepresentation refers to a situation where on party make a false representation about a fact and cause of this the other party enters into a contract. As the fact discussed is not true in cases of misrepresentation, therefore, the other party has an option to cancel the contract in such a situation. Misrepresentation can be of three types mainly. These are negligent Misrepresentation, Innocent Misrepresentation, and Fraudulent Misrepresentation. Fraudulent misrepresentation is a circumstance where a person knows the truth, yet makes a false misrepresentation to other. It was held in the case of Derry v Peek  that in the cases of fraudulent misrepresentation, the claimant needs to prove the existence of such misrepresentation. Misrepresentation is a wider term, which also includes misstatement.

Gumland Property Holdings Pty Ltd. V Duffy Bros Fruit Market ( Campbelltown) Pty Ltd Case Study

Apart from Contract Law, Provisions of Australian Consumer Law is also a significant law. As the name implies, this act covers the provisions related to consumer protection. In Australia, Competition and Consumer Act 2010 is there to provide a safeguard to consumers.  Section 18 of Consumer Law provides rules related to the aspect of deceptive conduct or misleading information. According to this section, a person must not be engaged in any activities that are misleading or deceptive in nature, otherwise the same can be held liable to pay out damages to the other party. This section is a part of Australian Consumer Law but is also advised to follow in a business-to-business transaction.

In the given case, an employer named John Lyng has provided false information about financial statements of the organization to one of the employee named Ms. Rakic during recruitment because the remuneration of the employee was based on the profitability of the company. Earlier Rakic was employed with one of the business competitors of John Lyng. Later on, Rakic has come to know that the company has failed to achieve the expected profits in the year 2013 and she has made a claim of misstatement against her John Lyng. The lead reason behind misrepresentation was to provide a motivation to Rakic to leave her former employment. In addition to this, Rakic has also received an e-mail in which profits of the last two years and forecasted profit of next year was mentioned.

There were a proper reason and justification on the part of Rakic to believe on the misrepresentation made by her employer and he could not know the truth.  In addition to this, proper evidenceexisted in the case from which it was clear that John Lyng had all the necessary and true conditions of the financial statements of the company.

The case attracted provisions of both consumer Law and Contract Law. In the decision of the case, the federal court of the nation has awarded a damage compensation of over $300,000 to Rakic as John Lyng has acted in the contravention of Section 18 of Australian Consumer Law. Further, it was held that Rakic is eligible to cancel the contract under the provision of Contract Law.

The significance of the case:- The case is far significant as the decision of the same brought a warning sign for the employers and advised them that they should not do any conduct of misrepresentation in the course of business because in such situations courts allow the victim party an option to breach the contract.

Misrepresentation in a Contract and Consumer Law in Australia

The involved issue in the case is to check the possibility of enforcement of contractual promise by Perdo?

A valid contract make the parties liable and both of the parties of the contract are required to perform the promises done to each other. A contract can be discharged in many ways. These ways are discharge of a contract by way of performance, discharge by agreement, and discharge by breach. In case of breach of contract by any of the party, civil liability occurs. Breach of contract is a situation where any of the party of the contract refuses to perform the decided promise in respect to other party of the case. The victim party can ask for the damages for the breach of contract, from another party who breaches the contract in addition to performance of a contract under Australian Contract Law, equitable remedies are also available in the cases of breach of contract. These equitable remedies consist of two remedies such as specific performance and injunction. Here, this is necessary to mention that specific performance cannot be granted in those cases where some personal skills are involved on the part of the defendant. In the case of injunction, court gives order to stop someone by doing a particular task.

Further, if the innocent party wants, the same can also terminate the contract. Therefore, in a summarized way, it can be stated that in the cases of breach of contract, the innocent party has following right

1. Right to bring the contract to the end.
2. Right to recover the damage.
3. Right to terminate/cancel the contract

Right of termination can be use in those cases where both parties are required to perform something in contract. A contract can consist of more than one promise. In such a circumstance, breach of any of the promise will be treated as a breach of contract, regardless of the fact that arty has breached only a single term or condition of the contract.

In the given case, Pedro and Lisa were working to sell the French jewelry (imported) in the area of Melbourne city of Victoria state. Later on, Pedro has purchased the business of Lisa. In addition to this purchase, Pedro also developed a contract with Lisa stating that Lisa will not do the similar business (sell of imported French jewelry in anywhere in Australia within a period of next 2 years). This was an important condition of the contract. According to this condition, Lisa was not expected to do any such business, but she has started the similar business in another state of Australia, Queensland. By started such a business, Lisa has breached the contract, that she has developed with Pedro. Applying the provisions of Australian Contract Law, Pedro has following remedied:-

• Demand for damage
• Injunction

In the given case, Lisa is required to not to do a particular act i.e. carry on the subjective business,  hence Pedro can ask for the injunction of the contract. Further, termination of contract cannot apply here as only Lisa is required to perform the promise made.

Conclusion

In conclusion of the case, this can be stated that it is on the choice of Pedro, that what option she would opt. majorly three remedies are available with Pedro in the studied case. Pedro can ask for the Injunction. If the court will grant an injunction, then Lisa would have to wind up her business. Further, Pedro can also ask for the damages.

References

Competition and Consumer Act 2010 (Cth)

Crimes Act 1990 No 40 (NSW)

Criminal Code 1995 (Cth)

Criminal Code RSC 1985, c C-46

Derry v Peek (1889) 5T.L.R. 625

Gumland Property Holdings Pty ltd. V  Duffy Bros Fruit Market ( Campbelltown) Pty Ltd (2008) 234 CLR 237

Rakic v John Lyng Insurance Building Solutions (Victoria) Pty Ltd (Trustee) [2016] FCA 430

Larry A. DiMatteo. and Martin Hogg, Comparative Contract Law: British and American Perspectives (Oxford University Press, 2016).

Paul Latimer, Australian Business Law 2012. (CCH Australia Limited, 2011)

Australian Contract Law, Remedies. (2018) < https://www.australiancontractlaw.com/law/remedies.html>.

Khadka Chnadra Shekar, hart’s Concept of Law (2018) < https://www.slideshare.net/chandra1020/harts-concept-of-law>.

Federal Court of Australia, Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (Trustee) [2016] FCA 430 (27 April 2016) (2018) < https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2016/430.html>.

Federal Register of Legislation, Criminal Code Act 1995 (2018) <https://www.legislation.gov.au/Details/C2017C00235>.

Government of Canada, Criminal Code (R.S.C., 1985, c. C-46) (2018) < https://laws-lois.justice.gc.ca/eng/acts/C-46/>.

High Court Of Australia, Gumland Property Holdings Pty Ltd V Duffy Bros Fruit Market (Campbelltown) Pty Ltd, Ferdinando Pisciuneri And Natale Pisciuneri (2008) < https://www.hcourt.gov.au/assets/publications/judgment-summaries/2008/hca10-2008-03-27.pdf>.

Lethlean Justin, Australia: A Landlord´s Right To Recover Loss Of Bargain Damages. (2018) < https://www.mondaq.com/australia/x/62514/landlord+tenant+leases/A+Landlords+Right+To+Recover+Loss+Of+Bargain+Damages>.

Legal Service Commission of South Australia, Remedies for Breach of Contract (2018) <https://www.lawhandbook.sa.gov.au/ch10s02s11.php>.

Lisa Berton and Renee kasbarian, Australia: Employer falls foul of the Australian Consumer Law. (2016) <https://www.mondaq.com/australia/x/502254/Contract+of+Employment/Employer+falls+foul+of+the+Australian+Consumer+Law>.

USlegal, Rule of recognition law and legal Definition (2018)  <https://definitions.uslegal.com/r/rule-of-recognition/>.