Spects of Contract and Negligence for Business in United Kingdom

SITUATION
You are employed as a fee earner by Barker and Clive solicitors
In Clegdon On return from vacation, you find that you have been
left a number of pressing matters on your desk by the senior partner
Ian Page. .Ian is away on a lengthy trial in Leeds, and will be
out of the office for a few weeks. In the meantime, he has left you
a note to deal with the following tasks as a matter of urgency.


Task 1 ( assessment criteria 1,1,1.2, 1.3., word-limt 600)
Ian had promised to deliver a talk at Clegdon college on various
aspects of Contract. However, now that he has been called away,
he is unable to meet this commitment, and the job is now
delegated to you

Prepare and design a presentation which

a) Identifies the essential elements of a valid
contract, and explains their importance

b) Discusses the impact of different types
of contract

c) Explains the meaning and effect of
different types of terms in a contract


Task 2 ( assess.criteria 1.1,2.1, word-limit 400)
Carl Smith, a company Training officer, was browsing the internet for materials when he came across a site run by a?Classic Training.com, which was offering a set of DVDas on teambuilding training for A?120. In accordance with the instructions of the site, Carl sent an e-mail to Classic Training ordering the dvds and and giving his credit card details.

About 30 minutes later, he found another site ,run by Directtraining, which was offering the same set of dvds for A?75.He selected this set and then moved to the web-siteas checkout page. Here he was asked to fill out a form, giving his details ,including his credit card number .He was then presented with a page setting out the details of his order and asking him to click on the a?confirm ordera? icon if he wished to proceed. Carl did so.He then
Immediately sent a second e-mail to Classic Training cancelling his previous order.Five minutes later he received an e-mail response from Classic training , confirming that his order was being processed.

The next day Carl received an e-mail from Direct Training explaining that the price of A?75 had been posted in error, and that the real price was actually A?135. He also received a further e-mail from ClassicTraining stating that his second e-mail had come too late; the processing of his order was continuing , and his credit card would be charged with A?120.

Advise Carl, who wishes to hold Direct Training to the price stated on the web-site, and does not wish to proceed with the transaction with Classic Training



Task 3 ( assess.criteria 1.1,1.2 word-limit 500
A letter has just been received from a very distressed mother relating
To her son Asad, who has just had his sixteenth birthday. Asad has
won several junior boxing competitions, and he wants to become
a professional boxer.

Six months ago, Asad entered into an agreement with Mr Abdul Bashir.
The agreement relates to a three year apprenticeship with Abdulas boxing
Academy, a?Fight Righta?. Abdul has in the past offered similar apprenticeships,
and has used his own standard written contract containing standardised
provisions.

Some of the main clauses in the agreement are set out below:

a) No apprentice shall take on any paid work of any kind whatsoever
during the currency of this agreement

b) All apprentices must be prepared to travel anywhere in the world
and be responsible for their own travel expenses

c)The agreement may be terminated at any time without giving notice

Write a briefing note to Ian Page dealing with the following issues:

1) Whether or not the agreement which Asad entered into
is legally binding

2) A discussion of the advantages and disadvantages of
standard form contracts in legal agreements



Task 4 (assess.criteria 2,1, 2.2, 2.3, word-limit 500)
HotSafe Ltd cleans and services ovens for the catering trade .Garside is a caterer who supplies ready-made cooked meals, using the five gas ovens he has on his premises.
HotSafe and Garside entered into an agreement by exchange of e-mails whereby HotSafe contracted to clean and service Garsideas ovens every 12 weeks. Hotsafe then sent Garside a copy of its a?Terms and Conditions of Businessa?. Clause 5 of these read as follows:

a?HotSafe Ltd shall not be responsible under any circumstances for any loss, damage or injury suffered by the client , except to the extent that such loss or damage is attributable to any employee of Hotsafe Ltd. In any case, the liability of HotSafe is limited to a maximum of A?500.a?

Four services were carried out satisfactorily .At the next service, HotSafeas engineer, Jim ,did not arrive as scheduled. Because of a mix-up in relation to his work rota. The following week, as a result of a fault in a part of one of the ovens, which would have been discovered as part of the service, the oven exploded, causing burns to Garside, and extensive damage to the kitchen. The kitchen was out of action for a week, and Garside lost business to the value of A?5000

Advise Hotsafe Ltd as to any liability it may have towards Garside, and also advise on any possible defences

Assessment criteria
1.1 Explain the importance of the key elements required for the formation of a valid contract
1.2 Discuss the impact of different types of contract
1.3 Analyse terms in contracts with reference to their meaning and effect
2.1 Apply the elements of a contract in given business scenarios
2.2 Apply the law on terms in different contracts
2.3 Evaluate the effect of different terms in given contracts

Merit Criteria
a Show that relevant theories and techniques have been used
-Show that a range of complex situations have been identified, synthesised, and processes
-provide a range of appropriate solutions to issues raised in the tasks
-use an appropriate structure and format for the task answers

Distinction Grade a Distinction grades are only awarded after students have met all the criteria for merit and distinction described in the assessed work. Failure to meet any merit or distinction criteria will mean that an overall distinction grade cannot be awarded

Format of task answers

task 1 a please submit notes . However,these notes should be more substantial than bullet points, with enough substance to enable a person delivering the presentation to explain the legal points involved

task 2 a You should use a letter format. The content of the letter should identify the legal issues, define legal principles and apply the law to the scenario

task 3 a Please produce a briefing note. You must answer the specific questions asked. The information contained in the note needs to be more substantial than bullet points and must contain enough substance to ensure you show an adequate understanding of the legal issues

task 4 a As for task 3 above


Ensure that any research textbooks or websites or any other resource materials are appropriately shown as quotations and that they are annotated and included in your bibliography. If you fail to do this you may be considered to have plagiarised the work of others and if proven, your grade could be reduced to refer. Plagiarism is a serious disciplinary offence and will not be tolerated.