LAW5733C APPLY LEGAL PRINCIPLES IN PROPERTY LAW

SHORT ASSESSMENT
BY
RAJARAM NEUPANE(S3462470)

INSTRUCTIONS:

You have been provided with a list of questions to test your knowledge, understanding and
competency in the first few weeks of this course. You are required to complete this assessment
individually. For each question, you are expected to write approximately 200 to 300 words.

QUESTIONS:

1. What is the difference between the common law and equity? In your explanation, refer to
an example to illustrate the operation of each and their relevance to the modern legal
system.

Answer: Common law typically refers to laws based on precedence and the
rulings of judges who hear a case in a courtroom. Equity, on the other hand,
refers to laws that are similarly established by court rulings but deal with
judgment and justice through equitable decisions.

Common law refers to laws created and upheld through the rulings of a judge
or jury hearing a case. This is also sometimes called case law, and such
precedents are quite important in a legal system that relies on common law.
Equity, on the other hand, usually refers to judgments that deal with fairness
in justice, often stemming from a sense of “natural law.”

An example of a common law marriage is when two people have lived

together for 10 or more years and have thus earned a legal right to share their
assets because of it. Where an example of equity law is Rescission of
contract for - innocent misrepresentation. Another example is, landlord must
obey the term of lease.

2. Administrative tribunals such as VCAT are hailed as the preferable dispute resolution
option over court proceedings. Compare and contrast the advantages and disadvantages of
using administrative tribunals over courts and advise on which you believe is the preferable
dispute resolution avenue.

Answer: VCAT is more accessible to the public than a hearing through the
courts and is therefore more appropriate for small civil claims. Although, not
all civil disputes can be heard through VCAT as it does not use methods
appropriate for larger claims. VCAT hearings are not subject to the strict rules
of evidence and procedure used in courts so parties disputing over large
sums of money would not feel satisfied with the outcome of their case if it
was dealt with simply by mediation or conciliation. Courts can offer parties
this satisfaction with the outcome of the case because the strict rules that are
 to be followed provide a sense of fairness between parties and ensures they
are being treated equally.

VCAT provides the community with a low-cost method of resolving a dispute,

as there is only a minimal application fee and parties do not require legal
representation. These low costs mean that resolving civil disputes through
VCAT would increase the community’s awareness of their rights and would
encourage more people to have their injustices rectified. However having
legal representation when resolving a dispute through the courts is a strength
of this type of resolution as it means that both parties are, theoretically, on
equal footing before a judge.

3. The Torrens System is the preferred method of title registration in Victoria. Discuss this
statement.

Answer: Torrens System is the primary system of land registration used in

Victoria. Named after Sir Robert Torrens and introduced in Victoria in
1862.Title is transferred by entry on a certificate or folio on a register. More
reliable and efficient than old law system which relied upon chain of deeds.

Torrens title is a system of land title in which a register of land holdings

maintained by the state guarantees an indefeasible title to those included in
the register. Land ownership is transferred through registration of title
instead of using deeds. Its main purpose is to simplify land transactions and
to certify to the ownership of an absolute title to realty.

4. Compare and contrast the ownership of property by two or more people as joint tenants or
as tenants in common.

Answer: In each Joint Tenant owns the whole of the property jointly with the
other owner or owners. No party has a specific share in the property while
joint tenancy continues. This means that the Joint Tenants must have equal
interests in the property, and are entitled equally to its rents and profits.
There can be two or more Joint Tenants.

While none of the owners may claim a specific area of the property, tenants in
common may have different ownership interests. For instance, Tenant A and
Tenant B may each own 25 percent of the home, while Tenant C owns 50
percent. Tenancies in common also may be obtained at different times; so an
individual may obtain an interest in the property years after one or more other
individuals have entered into a tenancy in common ownership.