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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 generally lies with the plaintiff, who is Maria in this case. This means that she needs to provide evidence to prove her claims against Adrian, rather than Adrian having to prove that he did not breach the contract.
Step 2
Error: Adrian was found guilty.
Answer
The term 'guilty' is typically used in criminal cases. In this civil dispute pertaining to a breach of contract, the appropriate terminology would be that Adrian is liable for the breach. The court's finding would result in a ruling on damages, rather than a guilty verdict.
Step 3
Error: The judge did not have the power to order the case to go to mediation.
Answer
In civil litigation, especially in the Supreme Court, judges have the authority to suggest or order mediation as a means to resolve disputes before proceeding to a full trial. It is important for courts to explore alternative dispute resolution methods before exhausting judicial resources.