Case 14

Vladimir owed Donald a gambling debt. Knowing that Vladimir had a new laptop computer, Donald sent an e-mail to Brenda, who lived close to Vladimir. The e-mail informed Brenda that Donald had left his laptop at the home of Vladimir, who was away for the weekend, but that Vladimir had given Donald permission to retrieve his laptop while Vladimir was gone. In the e-mail Donald asked Brenda to go to Vladimir’s house, locate the door key under the mat on the porch, and bring the laptop to Donald.

Corky, who was at Brenda’s house when Donald sent the e-mail to her, read the e-mail and rushed over to Vladimir’s house to steal the laptop. When Brenda later arrived at Vladimir’s house to retrieve the laptop for Donald, she found the back door open and Corky ransacking the house. Corky was so startled that he fell backwards, hit his head on a table and lost consciousness as he fell to the floor. Brenda went upstairs where she searched for and found the laptop. Always wanting a laptop, she put Vladimir’s laptop in her purse to keep for herself. Brenda then called 911. Before the police arrived, Corky regained consciousness and fled out the back door.

When the police arrived at Vladimir’s house, Brenda told them that she believed Corky had taken a laptop from the house. When the police went to Corky’s house, they found him dead from his head injury.

What crimes, if any, might Donald, Brenda and Corky reasonably be charged with, and what defenses, if any, might each assert? Discuss. 12

Case 15

On 2 April 2011, Novak contracted to sell his North Ryde property to Rafael. A settlement date of 2 October 2011 was stipulated, with time being of the essence. Novak had a troublesome tenant in the property whose lease is due to expire on 30 September 2011, and the tenant had been served with a notice to vacate the property by the end of September 2011. Novak’s obligation under the contract with Rafael is to transfer the property to Rafael with vacant possession on the stipulated settlement date.

On 25 August 2011, Novak rang Rafael and advised him that he could not settle the sale of the property on 2 October 2011 because of problems he was having with his tenant.

The tenant had stated that he would not leave on 30 September 2011, but would wait until a court ordered his eviction. Novak also advised Rafael that he would be able to settle the sale as soon as the tenant left the property. At the time of the telephone call, Rafael’s bank had not yet approved a loan application to enable him to complete the contract, but there are no circumstances that indicate that the loan will not be in place in time for settlement to take place on 2 October 2011.

Rafael seeks you advice as to whether he can immediately terminate the contract.

Case 16

Margaret signed and exchanged contracts for the sale of her studio apartment to Felicity, who acted for herself. Felicity paid a 10% deposit on exchange of contracts.

Completion of the transaction was due to take place on 10 August 2012. On 6 August 2012, Felicity advised Margaret that her mortgagee bank would not be ready to proceed on the agreed completion date and requested an extension of time to complete. Margaret did not agree to any extension of time. The transaction was not completed on 10 August 2012, and on 13 August 2012 Margaret served a notice to complete on Felicity. The date for completion in the notice was stipulated as being ‘no later than 3pm on 31 August 2012’.

On the date and time stipulated in the notice, Felicity was ready with her documents to complete the transaction, but a representative of her bank was late and settlement could not proceed. At 3.15 pm on that day, Margaret, who had been ready, willing and able to complete the transaction, handed Felicity a notice terminating the contract. Margaret also told Felicity that she would be retaining the deposit that had been paid on exchange of contracts.