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Dont consider claims against MoveableHomes for delivery to lot 35

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Dont consider claims against MoveableHomes for delivery to lot 35

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custody?

actual possession?

legal possession?

lawful possession?

constructive possession?

the right to possession?

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Max: "Do we need to get building approval? ... Can you help us with that?"

Justin: "We can add on an advisory service... where we act as your agent to identify the requirements and apply for any council approval and certification on your behalf."

Contract... "It is the responsibility of the purchaser to obtain approval."

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we gotta establish the existence, nature, and extent of the agency 

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we gotta establish the existence, nature, and extent of the agency 

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1. is there an agency?

2. what is the scope of the agent's authority?

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MoveableHomes claims they are entitled to repossess the Como as they own Lot 35 (where the Como sits) or compensation. Max and Val own Lot 34

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Termination occurs with wrongful act of baillee inconsistent with bailment

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in additional info section: "As was his usual practice, Justin forwarded a copy of the signed contract to Rhiannon, the Managing Director of MovableHomes. Rhiannon reviewed the contract, including the addendum, but did not take any further steps in relation to the contract.

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does construction, delivery and installation constitute bailment

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Bailee (MoveableHomes) has a duty to deliver or return the goods bailed.

The duty of care means bailee must take reasonable care

(Does not have to take every precaution, is not liable for every loss)

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(1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.

(2) Nothing in Part 3‑1 (which is about unfair practices) limits by implication subsection

Note: For rules relating to representations as to the country of origin of goods, see Part 5‑3.

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Demagogue v ramensky? – Agent knew (is there silence + half-truth?)

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how did justin have a source of authority?

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Val and Max visited exhibition site. Talked to Justin about the Como, where Justin made many statements about the Como.

Justin says:

"After getting [council] approval, it would normally only be another 2 or 3 months before you would be able to move in.

It was eventually approved but it took 8 months.

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Max and Val finally moved in.

Council took 8 months to approve.

They built substantial flower and veggie gardens, and added an extended deck area with a pergola from 1 January to August.

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Val and Max receive big scary letter from Stark and Co Solicitors. Demanding they vacate the land within 14 days.

Val and Max also receive letter from MoveableHomes

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Val and Max supposed to vacate by today.

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"...last year, we won the EnviroChoice award for small-
medium modular homes." -> implied he was talking about the Como. However, in the additional facts it was revealed that the award winning model was for the Strava

Justin knew that the statement about the prize was for another model (additional information) he is NOT an innocent 3rd party for misleading

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MacCormick & Anor v. Nowland & Ors. (1988) ATPR ¶40-852

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MacCormick & Anor v. Nowland & Ors. (1988) ATPR ¶40-852

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FCA - old as helly case ew TPA

keywords: misleading statements by a real estate agent, representations...

probably not super related to the facts but it talks about a BROchure

"It was not necessary to reach a conclusion on the question whether the terms of the advertisements had the specific authority of the vendors. The agent had the ordinary authority to describe the property to prospective purchasers. Accordingly, the vendors were vicariously liable for the agent's negligent misrepresentation"

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for matter 3 related to whether Movehable Homes if a corp that engaged in misleading/deceptive conduct (is Trade Practices Act but the words word good!!)

"There is no definition of ‘body corporate’ in the TP Act. However, the “term encompasses any office or group of people recognised at law as having separate legal personality. Corporations whether incorporated under the Corporations Act 2001 or by special statute, come within the [term].”¹⁷ It follows that individual sole traders and partnerships do not come within the term."