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Analysis of Concerning the Law of Property - Case Study Example

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"Analysis of Case Concerning the Law of Property" paper examines the case which states that in 1995, Arnold and Wendy decided to take the opportunity of buying the freehold of the council house where they had lived for the last 20 years, with a 40% discount…
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Analysis of Case Concerning the Law of Property
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Very shortly thereafter, Bill's marriage broke up and he had to leave his matrimonial home. Wendy invited him in writing to move in with her "as you have a share in it anyway". Bill moved in, together with his son, then aged 8. Thereafter Bill paid some of the mortgage instalments. The mortgage loan was paid off by 2006, Bill having paid installments equal to 25% of the original purchase value.

Wendy has now died, by her will leaving all her property in equal shares between her two daughters and one son, all of whom had by then left home. They are now indicating that they would like the house to be sold so that they can share the money between them. Bill and his son, now aged 15, wish, however, to remain You are a trainee in the firm of solicitors consulted by Bill. Your principal has asked you to research the relevant law and report to the principal (in 1,000 words) on the legal principles and relevant case and statute law as to (ii) Your principal has also asked you to do a separate piece of research, unconnected to these facts, as she has heard that there have been several recent cases concerning the presumptions of advancement.

She wants you to give her a summary, in 500 words, of the cases in the last 6 years that have concerned these presumptions. You are a trainee in the firm of solicitors consulted by Bill. Your principal has asked you to research the relevant law and report to the principal (in 1,000 words) on the legal principles and relevant case and statute law as to(a) what are the current legal and beneficial interests in the house(b) on the basis that Bill is not solely entitled, could Wendy's daughters and son (or any of them) force a sale of the house.

The principal will then formulate the advice to give to Bill. (ii) Your principal has also asked you to do a separate piece of research, unconnected to these facts, as she has heard that there have been several recent cases concerning the presumptions of advancement. She wants you to give her a summary, in 500 words, of the cases in the last 6 years that have concerned these presumptions.IntroductionThe Parliament of the Commonwealth has the power to legislate and standardize real estate practice under the assumption that bills passed by the two houses.2. The Australian Constitutional system and power constitution of Australia authorizes the legislative power to the Commonwealth and states concurrently and divides it up by specifying a list of subjects on which the Australian Parliament may enact laws, which is known as Section 51 of the Australia Constitution Act (Ron McCallum 2006).

Any subjects who fall outside this list are exclusively available to the state parliament. This pattern of distribution follows the model of the United States Constitution and differs from the plan adopted by Canada by the British North America Act of 1867. It appears that the Federal Parliament is stronger than the State Parliament, but only in the narrowly defined field of activity.

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