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Adrian entered into a contract to sell his car to Maria - VCE - SSCE Legal Studies - Question 5 - 2020 - Paper 1
Question 5
Adrian entered into a contract to sell his car to Maria. When the time came to deliver the car, Adrian told Maria that he had changed his mind and he was not going t... show full transcript
Worked Solution & Example Answer:Adrian entered into a contract to sell his car to Maria - VCE - SSCE Legal Studies - Question 5 - 2020 - Paper 1
Step 1
Error: The burden of proof lay with Adrian.
Answer
In civil cases, the burden of proof typically lies with the plaintiff, in this context, Maria. This means that it was her responsibility to provide sufficient evidence to prove her claim against Adrian. Adrian's argument, in this case, would be defensive, and while he could present evidence, the primary burden remained on Maria.
Step 2
Error: Adrian was found guilty.
Answer
In civil disputes, the terminology of 'guilty' is more appropriate in criminal cases. Instead, outcomes are determined based on liability. The correct terminology would be that Adrian was found liable or not liable for breaching the contract with Maria.
Step 3
Error: The judge did not have the power to order the case to go to mediation.
Answer
In a civil case heard in the Supreme Court, judges typically have the authority to refer matters to mediation if they see fit. This power is integral to management of the court's resources and ensuring efficient resolution of disputes. Therefore, the assertion that the judge lacked this power was incorrect.