Legal writing and drafting
1- Settlement Agreement or Deed
Freddie purchases a piano in July 2017. He purchased a black grand piano at ‘Jaggar’s Music Store’. He pays $50,000. He was advised that the piano would be delivered on or before 30 September 2017. He was also ensured that a matching piano seat would be included into the purchase.
Despite his persistent phone calls and complaints, Freddie does not receive the piano until 7 December 2017. In fact, when the piano arrives Freddie is furious. The piano is white, is an upright piano and there is no accompanying piano chair.
Freddie calls Jaggar’s Music Store and speaks to the owner/manager Mr. McCartney (“Macca”). Macca tells Freddie that is stuck with what he has got. He explains that he does not recall that a chair would be added, that they had run out of black pianos, and that there must have been a misunderstanding as per the type of piano.
Macca explains to Freddie that it has been a hard days night. He says that he gets by with a little from his friends and to walk down Penny Lane and head towards Strawberry Fields. There he can meet up with the Walrus. He concludes by stating let it be.
Refer to your instructions concerning your first task – “Letter of Advice”.
Freddie is just a poor boy who needs no sympathy. He is generally easy come easy go. In fact, anyway the wind blows – nothing really matters to Freddie. That was until he purchased a piano from Jaggar’s Music Store. There, he got no satisfaction.
Freddie engaged a lawyer, the very accomplished Namor, to assist him in this matter. However, the letter of demand and other actions have not resolved the issue.
Namor has now initiated proceedings in the Melbourne Magistrates’ Court by way of a Complaint and Statement of Claim.
Namor suggest that they prepare and file an affidavit in support of the oral evidence they will be giving at the Magistrates’ Court.
* It must be noted that Affidavit material in the State Courts – unless for interlocutory applications – is uncommon for Plaintiffs and Defendants. However, the Court has the discretion to allow it, and for the purpose of this exercise, Affidavit evidence has been called or.
Task: Prepare and submit a settlement agreement or deed. Up to you what the terms of the agreement are.
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