Assignment First

爱尔兰房地产学论文代写:房屋买卖案件

玛丽作为志愿者工作了2个月。这并没有形成玛丽和基金会之间的法律关系。不过,后来又制定了法律关系,再加上一个期限,连同全额付款一起支付2个月。因此,可以这样说,基金会也有提供服务,负责支付5,000元。

爱尔兰房地产学论文代写:房屋买卖案件
未成年人的能力/不当影响
自从朱迪17岁时把自己的房子卖给律师,他就算在未成年人中,依据未成年人的能力,他也无法批准他与律师签订的合同。根据未成年人的能力法律明确规定,未成年人达到成年后达成的协议或者合同,不能由他/她批准。
然而,朱迪可以根据不正当影响的法律提起对他的律师的欺诈案。法理上的不正当影响是一个公平的学说,一个人利用他或她的权力地位优势于另一个人。因为,律师在17岁时就利用了他对Judy的地位,这是少数时代,同样可以被视为欺诈(UCB Corporate Services Ltd. v Williams,2012)。根据不正当影响的法律明确规定,如果顾问通过对另一人的心理控制获得过度的利益,则该案件将被视为欺诈。既然朱迪需要钱来支付大学的学费和费用,而他的律师就是利用了他的情况,那么律师就会被指责。

爱尔兰房地产学论文代写:房屋买卖案件

Mary worked as a volunteer for 2 months. This did not formulate a legal relationship between Mary and the foundation. However, a legal relationship had been formulated later on with an additional term to make payment of 2 months along with a full time payment. Therefore, it can be stated that the foundation is responsible to make payment of $5,000 as she had provided services as well.

爱尔兰房地产学论文代写:房屋买卖案件
Capacity of Minors / Undue Influence
Since, Judy was just 17 years old when he sold his house to a lawyer, he will be counted in minors and according to the law based on capacity of minors, he cannot ratify the contract signed in between him and the lawyer. It is clearly stated under the law of capacity of minors that after attaining the majority, an agreement or contract entered into by an individual at the age of minor cannot be ratified by him or her.
However, Judy can file a case of fraud against his lawyer under the law of undue influence. Undue influence in jurisprudence is an equitable doctrine wherein an individual takes the advantage of his or her position of power over another individual. Since, the lawyer took the advantage of his position over Judy when he was just 17 years old, which is minority age, the same can be considered of fraud (UCB Corporate Services Ltd. v Williams., 2012). It is clearly stated under the law of undue influence, if the advisor gain excessive benefits through psychological domination over another person, the case would be considered fraud. Since, Judy was in need of money to pay her university tuition fees and expenses and his lawyer took the advantage of his situation, the lawyer can be accused.