Messages and Communications Effectively †Free Samples to Students

Question: Discuss about the Messages and Communications Effectively. Answer: Introduction: Proper communication is crucial in any contract. Messages and communications need to be done within time to ensure that the parties plane themselves effectively. The major issue raised in this case, is defaulting the dates for a contract and lack of proper communication. The authorized personnel to make the communication between the purchaser and vendor were able to carry their duty[1]. Therefore whether they did the communication without consultation with the vendor is an internal issue which the vendor team has to resolve independently. The main thing to make sure in this case that there must be an existing written agreement on the postponement of the payment to the later date of 6th December. If the para-legal issued a written notice that the settlement of the payment has changed, then Mary can uptake this issue to court and have it settled in her favour. If the buyer is unable to obtain the required purchasing to settle the claim, the vendor is usually under mandate to offer a notice to the buyer on when he or she should be able to settle the purchase. The vendor may offer a maximum of 14 days to the buyer to rectify the remedy and settles the said amount. In this case of Mary, what she is receiving is a cancellation of the contract[2]. Since Mary had entered into a contract, she requires a notice that the contract will be terminated and the conditions on the termination. A grace period should be offered in any contract to ensure that both parties have room to rectify the problem. Under this situation, Mary is under the period which she should be serving the notice. Therefore cancelation of the contract and withdrawing it from her will be illegal, since the para-legal may be aware that the duration up to 6th December was falling under notice. Under this case, the vendors conveyancer should be arguing on the imposition of penalty inte rest which is about 2% of the agreed amount[3]. Since the deposit is about 10%, which is too high from the amount stipulated in the law for the Penalty interest rate Act. Mary is within her mandate to request for the refund of the deposit if the vendor is not willing to sell the property to her anymore. The vendor is only allowed to take the deposit on the expiry of the rescission notice. Under this case, the vendor has not issued any notice which will mandate him or her to take away the deposit. Therefore Mary has a strong case to ensure that she either gets the deal through 14 days after the expiry of the 27th September date, which will fall in the date stipulated by the para-legal team or get back the deposit. According to Standard Form Contract for Sale of Real Estate in Tasmania, in the Standard Condition 17.1, 14 days are the clear notice duration should be provided to the purchaser to settle the agreed amount[4]. Upon the elapsing of this period is when the vendor can take action on reposition of the property and keeping the deposit. Under the failure to honour the contract due day, the law does not provide for the cancellation. Therefore vendors conveyance should be able to seek other means to resolve the dispute in this case[5]. The loss of the interest due to the delays should be the clear way out. In this case, Mary should be willing to compensate the vendor for the lost interest since she is willing to have the property. The claims on delaying of the payment under this situation do not guarantee and amount to cancellation of the deal. According to contract laws Section 3(3), all property dealings has to be in writing. Therefore under this case, we can therefore argue that Mary has a writing concerning the change of the settlement date[6]. The vendor will have no claim of anything since the team which was doing much of the paper work had issues the agreement on the change of the date. Therefore, Mary is within the stipulated guidelines and can still get the property under her name. In conclusion, it is clear that it will be difficult for Mary to lose the deposit under this situation since the vendor did not issue any notice to her. Moreover, it is clear that Mary got a written document on the change of date. This is a clear document that additional information was offered in the contract. References Beatson, J., A. S. Burrows, John Cartwright, and William Reynell Anson. Anson's law of contract. 2016. Courtney, Thomas B., G. Brian Hutchinson, Da?ibhi? O'Leary, and Thomas B. Courtney. 2012. The law of companies Gullifer, Louise, and Stefan Vogenauer. 2017. English and European perspectives on contract and commercial law: essays in honour of Hugh Beale. McKendrick, Ewan. Contract Law. 2017. https://nls.ldls.org.uk/welcome.html?ark:/81055/vdc_100044915165.0x000001. NSW Society of NSW and REI NSW Contract for Sale of Land. NSW: Law Society of NSW and REI NSW - Contract for the Sale of Land; Vic: Law Institute of Victoria and REI Vic - Contract of Sale of Real Estate; ACT: Law Society of the ACT Standard Form Contract for Sale of Real Estate in Tasmania, in the Standard Condition 17.1 Stone, Richard, and James Devenney.. The modern law of contract. 2018. https://lib.myilibrary.com?id=1016907.