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Semester

Class Notes for 16641 at University of Technology Sydney

Property Management

16641 Lecture Notes - Lecture 2: Westpac, Australia And New Zealand Banking Group, Australian Consumer Law

MISLEADING AND DECEPTIVE CONDUCT Under the Australian Consumer Law Competition and Consumer Act 2010 Summary of ACL Chapter 2 General protections which create standards of business conduct in the market, including: A gene...

Design, Architecture and Building
16641
All Professors
16641 Lecture Notes - Lecture 2: Anomic Aphasia, Letting Agent, Demagogue

The case involved a lender who provided funds for a borrowers insurance policy. The lender wrongly believed the policy could be cancelled, and alleged it had been misled or deceived by nondisclosure on the part of the borr...

Design, Architecture and Building
16641
All Professors
16641 Lecture Notes - Lecture 2: Demagogue

surveyor are reliable, but we cannot guarantee the accuracy of the information they have provided. Whatever you rely on, you must rely on your own enquiries. Found that, in this case, it would have been plain to a reasonab...

Design, Architecture and Building
16641
All Professors
16641 Lecture Notes - Lecture 2: Rednal, Australian Consumer Law, Consumer Protection

The judge summarised the law with respect to s18 and predictionspromises: A corporation may be in breach of s18 whatever its intention or the state of mind of those controlling it. The mere fact that representations as to ...

Design, Architecture and Building
16641
All Professors
16641 Lecture 2: 16641-Misleading-Deceptive-Conduct E

The HC took into account, when quantifying damages, which the Murphys believed the rates would increase into the future. Thus, only unexpected increases were to be compensated for, but these were to be compensated for the ...

Design, Architecture and Building
16641
All Professors
16641 Lecture Notes - Lecture 1: Nuisance

Common covenants: Covenants by lessor Covenants by lessee Implied by Quiet enjoyment Use in a tenantlike manner common law Nonderogation from grant Deliver up possession at end of lease Business efficacy Pay rent Business ...

Design, Architecture and Building
16641
All Professors
16641 Lecture Notes - Lecture 1: Nuisance, Escort Agency

[11.44] there is substantial overlap between the covenant for quiet enjoyment and the covenant for nonderogation from the grant. Generally, acts that prejudice the fulfilment of the purposes of the lease will also constitu...

Design, Architecture and Building
16641
All Professors
16641 Lecture Notes - Lecture 1: Constructive Notice, Leasehold Estate

Whether the leased premises are of Old System Title or Torrens Title land; and Whether the lease is a legal lease or an equitable lease [11.29] Key requirements for creation of legal and equitable leases. Old System Title ...

Design, Architecture and Building
16641
All Professors
16641 Lecture Notes - Lecture 1: Conveyancing

of the reversion. The assignee of the tenant is referred to as the assignee of the lease. These covenants are enforced against assignees of the reversion or the lease under the doctrine of privity of estate. Privity of est...

Design, Architecture and Building
16641
All Professors
16641 Lecture Notes - Lecture 1: Big Country

[11.69] where an assignment of the lease takes place by way of deed, the original tenant may rely on the implied right to indemnity from the assignee, or might otherwise include a compensation covenant or right of indemnit...

Design, Architecture and Building
16641
All Professors
16641 Lecture 1: 16641-Leases A

LEASES Introduction [11.1] A lease describes a lessees right to occupy and enjoy the use of land for a period of time. The main right conferred by a lease is the right of the lessee to enjoy exclusive possession of the lea...

Design, Architecture and Building
16641
All Professors
16641 Lecture 1: 16641-Leases B

The agreement between the parties was referred to as a licence. It described the parties as licensor and licensee. It also purported to confer on the licensee the sole and exclusive licence and privilege to supply refreshm...

Design, Architecture and Building
16641
All Professors
16641 Lecture Notes - Lecture 1: Fundamental Breach

Fixedterm Expressly created (orally or in Automatically expires at end of term. lease writing) Might convert to one of the other three forms Maximum duration of lease of lease at the end of the lease term. ascertainable Ca...

Design, Architecture and Building
16641
All Professors
16641 Lecture Notes - Lecture 1: Fundamental Breach

Ending a lease [11.77] parties can end a lease: By providing notice in accordance with the lease; By surrender of the lease; Under the doctrine of merger; Under the doctrine of frustration; Under the doctrine of forfeiture...

Design, Architecture and Building
16641
All Professors
16641 Lecture Notes - Lecture 1: Handrail

Was reasonable care taken by the landlord to remove the defect or otherwise make the premises safe? CASE NOTE Sakoua v Williams (2005) Sakoua is a tenant. She fell down the stairs leading to her home. The stairs had no han...

Design, Architecture and Building
16641
All Professors

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