hey there

just wondering if any one could help me with ANY of the following questions pleeease??? i am so confused, am about ready to destroy my law book!! AND its due within 24 hours :(
any help at all would be GREATLY appreciated!
Thanks heaps in advance!

7. Mr & Mrs Patel, elderly migrants with poor business and English skills, granted a bank a mortgage over their house to secure a bank advance to their son, Ramesh. Mr & Mrs Patel wrongly believed that Ramesh’s business was sound and that he would be able to keep up the mortgage repayments. However, the bank, which had seen the accounts for Ramesh’s business knew the business was in trouble at the time the mortgage document was signed.

The bank is now about to sell Mr & Mrs Patel’s house by mortgagee auction. What is Mr & Mrs Patel’s position with respect to their contract with the bank?

(6 marks)

8. Mr & Mrs Green, newly arrived in Christchurch from Auckland, contacted Shady Sells, a local real estate agent to arrange to view a property Shady had advertised in the Realtor. The property, belonging to Mr & Mrs Sleek is advertised as “situated in the BurnsideHigh School zone.” Mr & Mrs Green want to enrol their teenage sons at Burnside High. In the course of negotiations Mr & Mrs Green ask Shady to confirm that the property is in the Burnside High zone and Shady confirms it is.

Mr & Mrs Green instruct Shady to present Mr & Mrs Sleek with their offer to purchase the property and their offer is accepted. The offer is conditional only upon Mr & Mrs Green arranging satisfactory finance and this is duly arranged. Mr & Mrs Green’s solicitors advise Mr & Mrs Sleek’s solicitors the contract is unconditional and a deposit is duly paid.

However, before Mr & Mrs Green settle the purchase (pay the full purchase price) and take possession of the property they learn that there has been a recent zoning change for Burnside High and the property is no longer in the zone. Mr & Mrs Green no longer wish to proceed with the purchase.

<!--[if !supportLists]-->a) <!--[endif]-->Advise Mr & Mrs Green of their rights and remedies. (6 marks)

Mr & Mrs Sleek were unaware that Shady Sells had informed Mr & Mrs Green that the property was situated in the Burnside High zone. They knew of the recent zoning change but failed to communicate this information to Shady, who has taken his commission from the deposit paid by Mr & Mrs Green.

b) Advise Mr & Mrs Sleek of their rights and remedies with regard to their contract with Mr & Mrs Green and their listing contract with Shady. (Mr & Mrs Sleek had signed a listing contract with Shady, agreeing to pay his $12,000.00 commission on the sale of their property).

(6 marks)

c) Would Shady be able to claim a commission if, in his eagerness to sell the property, he omitted to get Mr & Mrs Sleek to sign a listing agreement?

(2 marks)

9. Peter Douglas entered into a contract to buy Craig Wood’s accountancy practice. Woods had grossly exaggerated the turnover of the business. Douglas had been given the opportunity to examine the annual accounts but he chose not to. Can Douglas cancel the contract?

(5 marks)

10. Tony Trent, a financial whiz kid, started dealing in shares at 12 years of age and by 14, had acquired a substantial share portfolio. Lewis and Carlton, sharebrokers, have allowed Tony to buy shares on credit and now, with a downturn in the sharemarket, Tony at aged 15 has massed a debt of $10,000.00 to Lewis and Carlton.

Is the contract between Tony Trent and Lewis and Carlton enforceable?

(5 marks)

11. Jean lives in Christchurch. Her daughter Mary lived and worked in Australia. Jean wanted Mary to come to Christchurch to study at VisionCollege and told her daughter that if she gave up her job to study she “would make it worth her while.” When Mary arrived Jean let her stay in a house she owns rent free. However, Mary and Jean quarrelled and Jean is now seeking possession of her house.

Advise Mary whether a Court is likely to make her leave the house.

(5 marks)

12. Bowers, a construction engineer, entered into a contract with a local authority to construct a bridge. The local authority knew that Bowers intended to work 16 hours per day 7 days per week in order to complete the project on time. However, the residents living near the construction site obtained an injunction stopping Bowers and his employees working at nights and weekends. Bowers lost money on the project and now wished to claim from the local authority. Is he likely to succeed?

(5 marks)

13. Smith and Jones entered into a contract on 10th August 2007. Smith is to build a kitchen unit for Jones and install it in his house. The contract price is $3,500.00 and the kitchen is to be installed by 1st November 2007. Payment is due on that date.

On the 10th October 2007 Smith tells Jones that the kitchen will cost an extra $500.00 because of the cost of materials has increased. Jones tells Smith that he will pay the additional $500.00 provided he is assured that Smith will only use real timber and not artificial veneer on the cupboard doors.

On 29th October 2007 Jones tells Smith that he has $3,000.00 in cash which Smith can take in full payment and if he does not agree to this he (Jones) will not pay at all as he has no more money. He further states that is is likely to be adjudged bankrupt very soon. Smith agrees at the time to take the $3,000.00 in full payment but later seeks your advice with respect to his right to enforce payment for the remaining $1,000.00. Advise him.

(8 marks)

In case you were wondering why no one has responded to your post ...

You will find here at Jiskha that long series of questions, posted with no evidence of effort or thought by the person posting, will not be answered. We will gladly respond to your future questions in which your thoughts are included.

Sure, I'd be happy to help you with these questions. Let's break them down one by one and discuss how to approach each question:

7. Mr & Mrs Patel's position with respect to their contract with the bank:
To answer this question, we need to identify the legal issue involved. In this case, it seems like the issue is whether Mr & Mrs Patel have any legal rights or remedies against the bank for selling their house despite their misunderstanding about their son's business. Start by identifying the relevant legal principles related to contracts and mortgages. Then, analyze the facts of the case and apply those legal principles to determine Mr & Mrs Patel's position.

8a. Mr & Mrs Green's rights and remedies:
The question asks you to advise Mr & Mrs Green about their rights and remedies in a specific situation involving a property purchase and a misrepresentation made by the real estate agent. Start by identifying the legal principles related to misrepresentation and contract law. Then, analyze the facts of the case and apply those legal principles to determine Mr & Mrs Green's rights and remedies.

8b. Mr & Mrs Sleek's rights and remedies:
This part of the question asks you to advise Mr & Mrs Sleek about their rights and remedies in the same situation described in question 8a. Again, start by identifying the relevant legal principles and then analyze the facts of the case to determine Mr & Mrs Sleek's rights and remedies.

8c. Shady's claim for commission:
This part of the question asks you to consider whether Shady, the real estate agent, can claim a commission if he failed to get a listing agreement signed by Mr & Mrs Sleek. To answer this question, identify the legal principles related to the payment of commissions and listing agreements. Analyze the facts and apply those legal principles to determine Shady's claim for commission.

9. Douglas's ability to cancel the contract:
To answer this question, identify the relevant legal principles related to misrepresentation and contract law. Analyze the facts of the case, including Douglas's decision not to examine the annual accounts, and apply those legal principles to determine if Douglas can cancel the contract.

10. Enforceability of the contract between Tony and Lewis and Carlton:
In this question, you need to identify the legal principles related to contracts and minors. Analyze the facts of the case, including Tony's age and the debt he has amassed, and apply those legal principles to determine if the contract between Tony and Lewis and Carlton is enforceable.

11. Likelihood of Mary being made to leave the house:
This question involves analyzing the legal principles related to tenancy and possession of property. Consider the terms of the agreement between Jean and Mary, the ownership of the property, and any relevant laws or regulations. Then, analyze the facts of the case and apply those legal principles to determine if a court is likely to make Mary leave the house.

12. Likelihood of Bowers succeeding in claiming from the local authority:
To answer this question, identify the relevant legal principles related to construction contracts, injunctions, and claims for loss. Analyze the facts of the case, including Bowers' intention to work extended hours and the injunction obtained by the residents, and apply those legal principles to determine if Bowers is likely to succeed in claiming from the local authority.

13. Smith's right to enforce payment:
This question involves analyzing the legal principles related to contracts, variations, and payment terms. Consider the terms of the contract between Smith and Jones, including any variations made regarding the materials used and the additional payment. Analyze the facts of the case and apply those legal principles to determine Smith's right to enforce payment for the remaining $1,000.00.

Remember, when answering these questions, it is important to support your answer with legal reasoning and provide relevant case law or statutes (if applicable). Good luck with your assignment!