Essay about Case Study

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1. Identify the areas of law that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report.

This article reports on the security/safety issues surrounding a vacant Peppermint Grove mansion. The mansion is unable to be sold by Radhika and Pankaj Oswell due to unresolved issues regarding unpaid taxes of up to $186 million.

Contract Law

Earning money in Australia, a contract is entered into with the Australian Tax Office (ATO) to pay taxes according to the amount of income being made. As there has been a dispute with Mrs Oswell owing the ATO a very large sum of money, there is an issue regarding contract law, as she is obligated to pay the money that she owes.
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It is an accepted duty for all people to follow the law, it is also an accepted right for everyone to feel safe. Both of these things can be enforced with criminal law. For example if people breach other’s rights to feel safe or simply choose not to follow the law, they can be prosecuted through criminal law.

For example in the article the rangers who inspect the vacant property have the ability to enforce the recognised duties of the surrounding community which is to not trespass on the private property.

Provides remedies when an injustice has been done.

Tort law also provides an example in this function of the law.

An example from the article can be seen from the surrounding the property labelling it an accident waiting to happen. If someone was to get hurt on this property, tort law would provide the remedy to the injustice which is lack of security and carelessness in leaving the area unsafe. Tort law would allow for compensation to occur.

3. By reference to the legal issues contained in the chosen media report, explain why it was important for the relevant party/parties to know the law in the circumstances? How did, or could, the party/parties have applied the law to their advantage?

Knowledge of the law not only allows us to know what we are able to do, but also what we are prohibited to do.

The Oswell’s need

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