UNIVERSITY OF TECHNICAL EDUCATION BTEC HND IN BUSINESS (MANAGEMENT)

ASSIGNMENT COVER SHEET

NAME OF STUDENT REGISTRATION NO. UNIT TITLE ASSIGNMENT TITLE ASSIGNMENT NO NAME OF ASSESSOR SUBMISSION DEADLINE

Unit 5: Common Law 1 Business Contract 1 of 2 Nguyen Hoang Thuy Trang 28 August

I, __________________________ hereby confirm that this assignment is my own work and not copied or plagiarized from any source. I have referenced the sources from which information is obtained by me for this assignment.

________________________________ Signature

_________________________ Date

---------------------------------------------------------------------------------------------------------------FOR OFFICIAL USE (Course Administrator) Assignment Received By: Date:

Unit Outcomes
Outcome Evidence for the criteria Feedback Assessors decision
First attempt Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract Rework

Internal Verification

Understand the essential elements of a valid and legally binding contract and its role in a business context (1)

Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology

Assess the importance of the rules of intention and consideration of the parties to the agreement Explain the importance of the contracting parties having the appropriate legal capacity to enter into a binding agreement Analyse specific contract terms with reference to their importance and impact if these terms are broken

Explore the significance of specific terms in a business contract (2)

Apply and analyse the law on standard form contracts

Discuss the effect of exemption clauses in attempting to exclude contractual liability

Merit grades awarded Distinction grades awarded

M1 D1

M2 D2

M3 D3

Outcome

Evidence for the criteria

Feedback

Assessors decision

Internal Verification

Comments by Assessor - Common Skills

A B C D E F G

Assignment
( ) Well-structured; Reference is done properly / should be done (if any) Overall, youve

Areas for improvement:

ASSESSOR SIGNATURE NAME:.......................................................................................

DATE

(Oral feedback was also provided) STUDENT SIGNATURE NAME : ..............................................................................

FOR INTERNAL USE ONLY VERIFIED YES NO DATE NAME : ........................................................................ : ........................................................................

DATE

VERIFIED BY : ........................................................................

COMMON SKILLS & COMPETENCIES ASSESSED (indicated by X)

A. MANAGING & DEVELOPING SELF
1. Managing own roles & responsibilities 2. Manage own time in achieving objectives 3. Undertakes personal and career development 4. Transfer skills gained to new/changing situations & contexts

D. MANAGING TASKS & SOLVING PROBLEMS

12. Use information sources 13. Deal with a combination of routine & non-routine tasks 14. Identify & solve routine & non-routine problems

B. WORKING WITH & RELATING TO OTHERS

5. Treat others beliefs and opinions with respect 6. Relate & interact effectively with individuals & groups 7. Work effectively as a team member

E. APPLYING NUMERACY
15. Applying numerical skills and techniques

F. APPLYING TECHNOLOGY
16. Use a range of technological equipment and systems

C. COMMUNICATING
8. Receive and respond to a variety of information 9. Present information in a variety of visual forms 10. Communicate in writing 11. Participate in oral & no-verbal communication

G. APPLYING DESIGN AND CREATIVITY

17. Applying a range of skills and techniques to develop a variety of ideas in the creation of new / modified products, services or situations 18. Use a range of thought processes

SCENARIO You are employed as a legal executive in a firm of solicitors. A client (Mr.Robinson) has come and seeking advice on several claims and legal issues, which have recently arisen. You are required to write a legal report for the following claims: Alan is a qualified accountant and his father Ben, who owns a small business, a bookshop which specialises in acquiring and selling rare books. He recently saw an advertisement in a specialist book magazine for a first edition copy of the only book written by Bruce. The advertisement, which had been placed by Chris, stated that it was on offer for 1,000. Ben phoned Chris stating that he would buy the book for 750. Chris replied that he would sell it for 900. Ben then said he would need time to think about buying the book at that price. Chris agreed not to sell the book to anyone else until Ben phoned him back in three days time with his final decision. On the same day, Dan came into Ben s shop and asked if he had any first edition copies of the Bruce book and told him that he was willing to pay 1,500 for one. Ben agreed to sell a Bruce first edition to Dan and immediately phoned Chris to say that he would accept his original asking price of 1,000. However, Chris informed him that he had already sold the book to Eve for 1,250. Subsequently Ben wrote to Eve offering her another rare book for 1,000. Eve replied to Ben by return of post stating that she agreed to buy the book on offer at his asking price. However, after posting the letter of acceptance she decided that she had already spent too much money on books and sent Ben a fax telling him to ignore her letter when it arrived. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract (1 a) You are required to analyse the scenario from the perspective of the law of contract, Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology (1 b)

Alan is a qualified accountant. Last year he agreed with his father Ben, who owns a bookshop which specializes in acquiring and selling rare books, that he would prepare his tax return for him for a fee of 500. Alan did the accountancy work and Ben submitted the accounts to the tax authorities. Ben now refuses to pay Alan, saying that it is not right for a son to charge his father for doing him a favour. Two years ago Alan separated from his wife Cath. As part of a written agreement between them, Alan agreed to pay Cath 1,000 per month in order to maintain her and their daughter Dawn. The money also had to be used to pay off the mortgage on the house that Alan and Cath jointly owned. Alan promised that when the mortgage was paid off he would transfer his share of the property to Cath. Now, however,
4

although the mortgage has been paid off, Alan refuses to transfer his title in the house to Cath. At the time he was leaving the family home, Alan, in an attempt to encourage Dawn in her studies, promised that he would buy her a new car if she passed all of her final examinations. Now, however, although Dawn has passed all of her exams, Alan is refusing to buy her the promised car. Assess the importance of the rules of intention and consideration of the parties to the agreement (1 c)

Dawn, aged 17, decides to leave home because she does not get on with her parents. Over the next three weeks she enters into the following agreements: i. ii. iii. She borrows $500 from her older brother to tide her over until she can find a job. She takes a two-year lease on a bed-sit, paying three months rent in advance. By pretending to be 21, she orders a $700 suite of furniture from Palatial Pads Ltd on 12 months interest-free credit.

Explain the importance of the contracting parties having the appropriate legal capacity to enter into a binding agreement (1 d)

Four months ago Ben bought a nine-month-old Landmaster car from Brenda's Garage ltd for use in his practice. He paid 12,500 for the car and was given a written guarantee in the following terms: Brendas Garage Ltd guarantees that, for three months from the date of purchase, it will put right free of charge any defects in the vehicle which cannot be discovered on proper examination at the time of purchase. Thereafter all work and materials will be charged to the customer. The sales manager recommended to Ben that he should take out the 'special extended warranty' under which, for payment of 350, the car would have been guaranteed in respect of all defects for a further two years, but Ben declined. Last week the engine and gearbox seized up. The repairs will cost 2,000. Analyse specific contract terms with reference to their importance and impact if these terms are broken (2 a) Apply and analyse the law on standard form contracts (2 b)

Whilst going to shop Ben always parked his car in a car park operated by Bash Ltd. On the entry to the car park just in front of the payment machine there is a large sign in fluorescent red paint which states: These premises are not staffed by our employees and may be dangerous. Clients use these facilities strictly at their own risk and Bash Ltd accept no liability whatsoever for any damage or injury sustained by either those using this facility or their vehicles or property, no matter how caused. Ben was aware of the sign, but had never paid much attention to it. However, one day he returned to his car to find that it had been badly damaged by a towing vehicle driven by an employee of Bash Ltd. Whilst on his way to the car park office to complain he was hit by the same towing vehicle, which was clearly being driven dangerously by one of Bash Ltds employee. As a result, not only was his car severely damaged, but he suffered a broken leg and was off business for eight weeks. Bash Ltd has accepted that its employee was negligent on both counts but denies any liability, relying on the exclusion clause. Discuss the effect of exemption clauses in attempting to exclude contractual liability (2 c) Hints: On the understanding that the clause exc luding Bash Ltds liability was incorporated into its contract with Ben, advise Ben whether there is any action he can take against Bash Ltd.

GRADING Pass Merit is achieved by meeting all the requirements defined in the assessment criteria. Identify and apply strategies to find appropriate solutions (M1)

Characteristics / Possible Evidence Identify different elements of valid and binding contract; apply the rules and assess the importance of the rules legally binding contract in the given situation. Select and apply appropriate techniques (M2)

Characteristics / Possible Evidence Select and apply appropriate legal rules using of various case examples related to offer and acceptance, consideration, capacity, specific contact terms for the given claims. Present and communicate appropriate findings (M3)

Characteristics / Possible Evidence An appropriate structure and approach has been used to prepare legal report and advises for the client. Present data using a range of case examples to support your explanation. Distinction Use critical reflection to evaluate own work and justify valid conclusions (D1) Characteristics / Possible Evidence creation has been used to generate and justify valid comments on related to essential elements of a valid contract and specific terms in a business contract. Take responsibility for managing and organizing activities (D2)

Characteristics / Possible Evidence independence demonstrated and substantial investigation have been planned and organized related to specific contract terms and also exemption clauses. Common Skills Grading To achieve a PASS, students answers should display receive and respond to a variety of information, legible and neat written of work, different sources of information used widely and use technological equipment to aid problem solving. To achieve a MERIT, students answers should display clear and appropriate respond to variety of information, legible, clear and neat written of work, clear variety of information sources used and confident in using equipment and gained knowledge from use of equipment. To achieve a DISTINCTION, students answers should display clear understanding, further research undertaken; work is well structured with evidence of planning, wide

range of information sources used and willingness to use a variety of equipment to find best solution. PRESENTATION 1. The assignment should have a cover page that includes the assignment title, assignment number, course title, module title, Lecturer/tutor name and students name. Attach all the pages of assignment brief/cover sheet with your report and leave them blank for official use. 2. Ensure that authenticity declaration has been signed. 3. This is an individual assignment. 4. Content sheet with a list of all headings and page numbers. 5. A fully typed up professionally presented report document. Use 12 point Arial or Times New Roman script. 6. Your assignment should be word-processed and should not exceed from 2,500 to 3,000 words in length. 7. Use the Harvard referencing system. 8. Exhibits/appendices are outside this limit. 9. The assignment should be not contain a bibliography but should contain a list of any references used in the assignment. NOTES TO STUDENTS FOR SUMMISSION Check carefully the submission date and the instructions given with the assignment. Late assignments will not be accepted. Ensure that you give yourself enough time to complete the assignment by the due date. Do not leave things such as printing to the last minute excuses of this nature will not be accepted for failure to hand-in the work on time. You must take responsibility for managing your own time effectively. If you are unable to hand in your assignment on time and have valid reasons such as illness, you may apply (in writing) for an extension. Failure to achieve a PASS grade will results in a REFERRAL grade being given. Take great care that if you use other peoples work or ideas in your assignment, you properly reference them in your text and any bibliography. NOTE: If you are caught plagiarizing, you could have your grade reduced to zero, or at worst, you could be excluded from the course.