law

law

This Part is worth 10 marks in total

Please read the following case study and answer all questions.

Oscar and his new wife recently signed with Roman Homes to have their dream home built for a sum of $600,000. In order to finance the project, Oscar received a $200,000 wedding gift from his parents, and the rest he has

financed from a financial institution.

After the contract between Oscar and Roman Homes was signed, Roman Homes quickly began on the construction of the house. The earthworks were completed, the slab was poured, the brickwork was done and the tin roof

was fitted. The house was then fitted on the inside with state of the art appliances Oscar purchased from ProAppliances, wooden flooring purchased from Timbers Galore and porcelain tiles from GrayBay Tiles. After a six month

construction period, Oscar and his wife move in.

However, after two weeks of living in the house, a small portion of wall in the dining area falls and hits Oscar on the head while he is eating dinner. Oscar subsequently suffers minor head injury that causes him four weeks

absence from work. Upon inspection, it is revealed that the sole cause of the wall collapsing was due to the bricklayers mixing too much water with the cement, which made the mix too watery (the mixture needs to be thick in

order for the bricks to stick and set properly), and therefore made the wall unstable. When Roman Homes was approached, they admitted that they miscalculated the amount of cement that was required – much less than what

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was required.

Oscar also contracts Star Fish Pools to install a concrete rectangular pool in the backyard. However, due to a clumsy employee, one of the pool pipes cracks, causing a massive flood in the backyard.

Oscars patience is further tested when he wakes up one morning and finds that the front of his house has been graffitied, his back shed broken into and his motorcycle stolen.

Please answer the following questions: –

(a)    Discuss what contract law issues exist in the case study.
(4 marks)
(b)    Discuss what torts law issues exist in the case study.
(2 marks)
(c)    Discuss what criminal law issues exist in the case study
(2 marks)
(d)    Discuss what property law issues exist in the case study
(2 marks)

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