cl assignment january 2010

8/2/2019 Cl Assignment January 2010

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COMMON LAW 1

Unit 5

ASSESSMENT February-April 2010

Deadline: 30 April, 2010

To achieve a pass learners must demonstrate the ability to deal with each of

the following outcomes and present these in report form scripts will bechecked against each of these:

Summary of learning outcomes

To achieve this unit a learner must:

1 Understand the essential elements of a valid and legally binding contract

and its role in a business context

2 Explore the significance ofspecific terms in a business contract

3 Examine the role of the Law of Tort in business activities assessing

particular forms of tortious liability

4 Understand and apply the elements of the Tort of Negligence.

Case Organisation: LE NOSTRE HOTELS AND HOLIDAY RESORT

(LE NOSTRE)

You have just been appointed head of the new management team of LENOSTRE. The hotel, under the old management, encountered numerous legal

problems. Many of the issues relate to the nature and execution of contracts with

suppliers and legal duties to guests and employees. As the new manager you will

need to examine these problems and take appropriate action to resolve them.

You are required to use the above case study to answer the following task

questions.


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Task 1Essential Elements of a Valid Contract

1a) Explain the different types of business contracts and discuss the essential

elements of a valid business contract. (LO1)

1b) Le Nostre has advertised its holiday booking offers on the internet asking forreply by the following modes: post, fax and clicking on an icon.

Explain the legal position on formation of a contract when acceptance is: by post,

by instantaneous mode; and where a purchaser of a service is required tocommunicate his acceptance of an offer by clicking on an icon? (LO1)

1c) Discuss the rule on intention to create legal relations in business/

commercial agreements and social/domestic agreements, and the importance of

consideration in a valid contract. (LO1)

1d) The hotel chef was recruited by the hotel receptionist, however only the

manager has authority to recruit staff. Explain the legal position on capacity to

enter into a contract and advise the hotel on its obligation, if any, to the chef.

(LO1)

Task 2

Specific Terms in a Business Contract

2a) Discuss the legal implications of a breach of a Warranty, aCondition and an

innominate (intermediate) term as specific terms of a contract. (LO2)

2b) The hotels vending machine has been out of order several times since it was

purchased a year ago. The hotel wishes to sue the supplier for breach of warranty,

but has noticed that the sales agreement contains, in very small print, that any

express or implied condition or warranty is hereby excluded. The agreementwas signed by the hotels purchasing manager who did not bother to read theagreement before signing it.

Analyse the legal effect of the Clause. (LO2)

2c) Discuss the use and the legal effect of exclusion and limiting clauses as terms

of a contract. (LO2)


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Task 3Law of Tort in Business Activities andForms of Tortious Liability

3a) Explain the similarities and differences between tortious liability and

contractual liability. (LO3)

3b) A guest was injured by a fall due to heavy snow fall on the hotel paths. Theguest wishes to claim damages from the hotel. Discuss the legal issues in this

matter. (LO3)

3c) Discuss the effect of vicarious liability of employers and the legal

implication on health and safety protection of employees. (LO3)

3d) An employee of the hotel has been blinded in one eye when an instrument he

was working with hit him in the eye. The hotel argued that they had exercised

reasonable care because they acquired the instrument from a reputable supplierand therefore the injury suffered by the employee is not attributable to their

negligence.

Discuss the legal position of the employee. (LO3)

Task 4Elements of the Tort of Negligence

4a) Explain the essential elements required to prove a case of negligence. (LO4)

4b) Mr & Mrs Camelot booked a weekend stay in LE Nostre holiday resort to

celebrate their recent lotto winnings. Mr Camelot has complained that their chalet

is a run down accommodation with poor heating. Mrs Camelot also found a

caterpillar in the fish and chips she ordered for dinner.

Advise the Hotel on the possible legal liability in respect of these mishaps. (LO4)


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Grading

Pass All criteria identified in the assignment are met.

Merit As for a pass but with more detailed and analytical responses. (M1)

Demonstration of a detailed understanding of the legal elements, and

displaying the ability to apply the information collected. (M2)

An analysis of the legal elements that shows insights and some

originality with respect to knowledge of the legal elements and how

they are applied to the particular case illustrations. (M3)

Distinction An in-depth understanding of the legal elements and how they areapplied to the particular case illustrations.

Conclusions and recommendations justified. (D1)

Demonstrates evidence of ability to synthesise and evaluate the most

appropriate legal information for application to the individual cases

used. (D2)

All tasks have been completed to a very high standard, and the

content of the assignment has been selected with consistent successand showing a high degree of analysis.

The presentation and style of the report is of a high standard, and

demonstrates fluent use and understanding of the legal language.

(D3)


5/5

WORD LIMIT: 750-850 words for each task or 3000-3500 total (excluding

Title page, Table of Contents, Bibliography, Appendices).

Excellent Formatting:

Preferred writing styles Arial, Verdana, and Times New RomanLine spacing 1.5,

Consistency in Heading Scheme, bullets and numbering

Consistency in top, bottom and left, right margins

Alphabetical Harvard referencing and bibliography

Report Structure:

Cover

Title PageContents Page

Acknowledgement (optional)

Abstract/Executive Summary

Main Body (Tasks)

Conclusion

References (including weblioreferencing)

Bibliography (including webliography)

Appendices

Notes

Carry out a self-managed piece of work.

Word process the report.

Use 12 point Arial or Times New Roman script.

Use the Harvard referencing system.

Submit the assignment on the live-campus, at the latest by 30 APRIL, 2010.

cl assignment january 2010

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