Lomax Holdings is a registered business in Matrix, Pacifica, a common law jurisdiction.
Lomax Holdings is a registered business in Matrix, Pacifica, a common law jurisdiction. Lomax is also a registered lease owner of 5 acres of indigenous land protected under the Local Land Act of Matrix knows as “Qio”. Lomax entered into a memorandum of agreement with Polly on 1 March 2016, for the purchase of the land for the sum of $90,000.00 with the conditions that Polly pay upfront the sum of $40,000.00 and the remaining balance to be paid in 5 installments of $10,000.00 in 2 months. Instead of paying the full deposit, Polly paid the sum of $35,000.00 in 2 installments and then entered the property to construct a driveway which cost Polly $10,000.00. On 1 December 2017, Lomax decided to return the $35,000.00 to Polly and rescind the contract. Polly refuses to move from the property and demands that memorandum of agreement has been signed and the $35,000.00 was accepted by Lomax. In addition, Polly had constructed the driveway after Lomax gave her approval to construct the driveway. Lomax decides to sue Polly and remove her from the property by filing an action on 2 February 2019. Meanwhile, the Local Land Act of Matrix specifically states that “No indigenous land shall be sold or leased or transacted on without the consent of the Minister of Indigenous Lands” a) Polly has come to you for legal advice. Advise her on the various legal issues and remedies available. (15 marks) b) Assume that the law in Matrix specifically states that all civil action for tort and contract must be brought within 3 years from when the matter arose. Advise Polly on whether the action can still be maintained. (5 marks
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