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Essay / Research Paper Abstract
This 6 page Australian law paper is written in two parts. The first part examines the way in which the Queensland Dividing Fences Act 1953 can be applied to a property where there is no boundary fence. The second part of the paper summarises the judgment in the case of Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 concerning the breach Section 52(1) of the Trade Practices Act (Cth)and then looks at how this has been applied to later cases. The bibliography cites 6 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEfencecase.rtf
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Unformatted sample text from the term paper:
a fence. The land owner of one property wants to put up a fence to contain his dogs and feels it is fair if they split the cost as it
is a fence that divides property. The neighbour is not co-operating and will not negotiate at all, appearing to be of the opinion that he has no liability to help
with the cost of a dividing fence. It is worth noting that should the dogs escape the property and cause damage the owner of the dogs is likely to be
held libel, so erecting a fence is a necessity. If we are looking that A Queensland legislation the act we need to consider is the Dividing Fences Act 1953
which is "An Act relating to the construction and repair of dividing fences between certain lands". The section of the act that applies to this case, where there is land
that is included in the land, owned and not crown land, that has no fence is section 2. 2 (7) states "Subject to this Act the owners of adjoining lands
not divided by a sufficient fence shall be liable to join in or contribute to the construction of a dividing fence between such lands in equal proportions, whether the adjoining
lands are to be wholly or only partly separated thereby.". 2 (8) also states that it is possible for one land owner to compel another land owner to contribute
towards the cost of putting up a fence. The act also outlines the way in which the fence locations may be determined and the procedure if one of the land
owners does not want to put up a fence or contribute to it. If we apply the statute to this case it appears there are no viable exception that will
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