construction law.

Order Description Assignment question 1: “Discuss five equitable causes of action”. •Some of the elements that could go into your plan. 1. What is a cause of action? 2. Compare a case of action with a defence. 3. Where does the law of equity sit compared with the common law. a) If there is a conflict which prevails? b) Are the two types of law heard in the same Court? 4. What are the elements of the causes of action? Marking Criteria. 1. Introduction-discussion generally of the law of equity. ( 2 marks) 2. Discussion of the interaction of the law of equity and the common law. ( 1 mark) 3. Discussion of how some equitable causes of action have been inserted in legislation relevant to construction. (2 marks) 4. Discussion of the elements of five equitable causes of action. ( 7.5 marks) Assignment question 2: ‘’Discuss the reasons the judges in the New South Wales Court of Appeal used in Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd to determine the contract. Also discuss the law the judges applied to the case. Finally discuss defences that could have been raised and different causes of action it could have been used by the parties”. Marking criteria. 1. What were the contracts that the plaintiff and the defendant put forward? ( 2 marks) 2. What was the advantage to the plaintiff if the court accepted the plaintiff’s version of the contract? (1.5 marks) 3. How did the court find that the plaintiff’s version of the contract was the contract between the parties? (6 marks) 4. Were there any causes of action which the plaintiff could have put before the court but they were overlooked by their legal representatives? (1 mark) 5. What defence did the defendant’s legal representatives overlook? (1 mark) 6. One mark will be awarded for how you represent your assignment. (1 mark). Assignment question 3: "Discuss how contract terms are incorporated into a construction contract at the formation of the contract and during the performance of the contract" Marking criteria. 1. A general discussion of the legal principles of how terms are incorporated into a contract. ( 3 marks) 2. Discussion of how a domestic and commercial building contract are entered into. ( 2 marks) 3. Discussion of how contract variations are made to domestic and commercially building contracts. ( 3 marks) 4. Discussion of how implied terms are incorporated into domestic and commercial building contracts. (3 marks) 5. Presentation, understanding, illustration of research and logically development. ( 1.5 marks) You need to cite all relevant case and statutory law. You also need to cite all relevant clauses of the standard form building contracts.