Law for Property Services 1- Contract, Agency & Tenant Law| Supervised Project 2024-2025, PDF

Project Brief

Contract Law (Case Study 1)

Mr. Daly agreed to sell his semi-detached property in Clifden, Co Galway to his neighbour (Michael Carr) for €340,000 once the sale was complete within 6 weeks.

Mr. Carr thought about the offer he made over the weekend and sent a letter back to say he had reconsidered and was now offering €310,000 and needed 8 weeks to close the sale.

Mr. Daly entered into a contract with Mr. O’Connor for €315,000 with a six-week closing date. Mr. Carr is now suing Mr. Daly for breach of contract.

(a) Has Mr. Carr the right to sue for breach of contract? (3)

(b) Discuss the requirements of a valid offer, referring to case law in your answer. (3)

(c) How can an offer be terminated? Give an example of case law in your answer. (3)

(d)“A condition is a vital term of a contract, breach of which entitles the injuredparty
to rescind the contract”.
Discuss this statement, in terms of the six-week completion period, Mr. Daly
inserted in his acceptance. (4)
(13 Marks)

Agency (Case Study 2)

Russell and Hynes, auctioneers, were contracted to offer a commercial unit for sale by public auction. A planning issue was revealed to all interested parties. The agents stressed this issue, and hence many buyers were put off and did not attend the auction.

A sister-in-law of the agent who was a developer attended the auction and purchased the
commercial unit 60K lower than the reserve.

It transpired later that Russell and Hynes were aware that the planning issue could have easily been resolved but did not disclose this to either the vendor or prospective buyers of the commercial unit.

(a) State whether Russell and Hynes acted in breach of their duties as an agent (2)

 (b) What are the consequences for breaching their agency duties? (2)

(c) How can an agency be terminated and what notice period should be given to a party? (3)

(d) Russell and Hynes have stated that they are entitled to be paid under the “rights of agency “. Discuss this statement. (3)
(10 Marks)

Landlord & Tenant Law (Case Study 3)

Mary Clarke rents a house in Lusk, for €1200 per month. She has lived in the house for 6 months and the rent has always been paid on time. She has contacted her landlord by email stating that the oven does not work, and she has not received any response.

Three months into her tenancy, Mary Clarke was made redundant from her job and was forced to apply for HAP assistance. She contacted the landlord who refused to sign the HAP forms, stating that he does not accept HAP. Mary Clarke has now received a termination notice from her landlord.

(a) Concerning the Residential Tenancies Act, advise Mary Clarke ofher rights under the act, referring to the relevant sections of the ACT. (4)

(b) Discuss whether the landlord has the right to serve a termination notice to Mary Clarke? (3)

(c) List the essential elements of a valid termination notice? (3)

(d) What are Mary Clark’s rights in relation to the oven repair? (3)
(13 Marks)

VLOGGING PRESENTATION

Learners are asked to choose one of the 3 topics below and create a Vlog presentation. The learner
will record themselves, upload it to Moodle with the assignment submission and give full access to
the tutor.

The video presentation cannot be less than 2 minutes and no more than 4 minutes. This is an individual presentation and no other individual should be part of it.

For guidelines, the student can refer to the marking scheme in the brief.

The purpose of this project is to demonstrate your knowledge of the topic in a practical way,  and from an auctioneer’s perspective, using your own experiences, relevant case law and legislation. Link Your Presentation with Case Law and Reference the Case Studies Above for Guidance. ADVICE: follow guidelines on Moodle and please ensure to save your file in MP4 Format.