STUDENT NAME:

PROGRAMME: Business Management Level 4

STUDENT NUMBER:

YEAR: 2015 -2016

Module Number: BHL4010

Term: 2

GROUP: Level 4

Module Title: Foundations of Law

Tutor Responsible For Marking This Assignment:

Module Leader:
Assignment Hand Out Date: 1st April 2016

Hand In Date: 13th May 2016 before 5:00 pm

ASSIGNMENT TITLE: Essay - 50% of overall grade

FEEDBACK DATE(Return of assignments to students): One month after submission
SECTION A: SELF ASSESSMENT (TO BE COMPLETED BY THE STUDENT)

In relation to each of the set assessment criteria, please identify the areas in which
you feel you have strengths and those in which you need to improve. Provide
evidence to support your self-assessment with reference to the content of your
assignment.
STRENGTHS

AREAS FOR IMPROVEMENT

I certify that this assignment is a result of my own work and that all sources have been acknowledged:
Signed:______________________________________________ Date___________________________

SECTION B: TUTOR FEEDBACK (based on assignment criteria, key skills and where appropriate,
reference to professional standards)
STRENGTHS

MARK/GRADE AWARDED
ASSIGNMENT MODERATED BY:
MODERATORS COMMENTS:

AREAS FOR IMPROVEMENT AND TARGETS

FOR FUTURE ASSIGNMENTS

DATE:

SIGNED
DATE

BHL4010 Foundations of Law Essay

50% of overall grade

Submission details:
The deadline for submission into registry is on the Hand in Date shown on the
Feedback sheet (1st Page)
Students are to submit one hard copy and one soft copy (on CD) to the front
office on the hand in date
Students must submit before 17.00. Any assessments brought after 17.00 will
not be accepted
THE
UNIVERSITY'S
REGULATIONS
CONCERNING
CHEATING,
COLLUSION AND PLAGIARISM APPLY TO THIS ASSESSMENT

Key Skills: The key skills addressed through this assessment are logical reasoning,
analysis, evaluating, synthesis, learning and study, structure and consistency.
Harvard Referencing: Complete reference list which MUST conform to the Harvard
System of Referencing must be included at the end of your assignment and in text
citations where appropriate. It is expected that students use at least 6 academic
references for the purpose of this coursework.

Learning Outcomes covered in these assessments

By the end of this assessment students should be able to:
1. Understand the principles, doctrines and concepts that underpin the law
2. Gain enhanced appreciation of how English legal system operates
3. Undertake basic legal research such as finding, reading, interpreting and
applying the law

BHL4010 FOUNDATIONS OF LAW

ASSIGNMENT WEIGHTING (50%)

Format: Essay 3000 words (+/- 10%)
Instructions
Answer the following questions in the form of a 3000 word essay.
Ensure you answer BOTH questions, each question worth 50 points.

QUESTION 1:
Peter has hired a 52 flat screen TV for the final month of his favourite programme, BIG
SISTA! He only wanted the television for that month, so flexibility was important to him. The
cheapest hire firm he could find was DialTV Ltd.
When he went to collect the TV from DialTV, he had to sign a hire agreement. Although the
agreement stated that the hire period was 6 months, the assistant reassured Peter that all he
had to do was cancel straight away that day, and once the 30 day cancellation period was over,
the TV would be collected from him. Peter checked the terms of the agreement, and sure
enough it said that the notice period for cancellation was 30 days. Peter signed the agreement,
and then phoned to cancel it later the same day.
The TV was delivered two days later, and Peter was disappointed to see that it was actually
only a 28 wide model. He complained to DialTV, who indicated that there was a sign in the
shop which clearly stated:
While we take every care to fulfil your order as specified, we reserve the right to alter the
goods provided under contract without notice.
Peter was then further concerned to find he had been charged the hire fee for the entire 6
months of the agreement. When he questioned this with DialTV, another term on the back
page of the agreement was shown to Peter:
In the event of termination by the customer, a termination fee equivalent to the balance
due for the hire period less any hire instalments paid will be charged.
Apply principles of contract law to the above facts and advise Peter on his rights and
obligations under his agreement with DialTV Ltd.
Your answer should be justified by reference to case law and legislation, and should
include an assessment of factors to which a court would have regard in assessing the
contract terms.

QUESTION 2:

Kelvin recently purchased a new car from his local car dealers, Pritchard Bros Motors
Limited. He dealt with one of the owners of the company, Dan Pritchard, who supplied the
vehicle and arranged the finance by way of a hire purchase agreement with 4U Finance Ltd.
Kelvin paid a 1000 deposit.
He was provided with some information prior to signing a document, but he is vague about
the nature of this document. He has no copies of any documentation.
Kelvin took delivery of the vehicle two days later. He has only used the vehicle for trips to
and from work but has now received notification, from his employer that he is to be made
redundant. Kelvin is anxious that, without full time employment, he will be unable to meet
the repayments required under the agreement. Whilst he is not in employment, he will not
require a vehicle to commute.
He advises that he now has a new car which he no longer wants or needs. He has contacted
Dan Pritchard who has advised that there is nothing he can do.
Kelvin seeks your advice as to his position in these circumstances. Advise Kelvin in
relation to the regulated agreement, the goods and the deposit paid.

Marking and Grading Criteria:

Students are encouraged to read and understand the overall marking criteria to be used in determining performance levels.
NOTE:
THE COURSEWORK ASSESSMENT WILL BE GRADED USING THE FOLLOWING CRITERIA. ALL FOUR CRITERIA ARE EQUALLY WEIGHTED.

CRITERIA 1
Demonstration of legal
knowledge and understanding
Have I demonstrated my
understanding of the salient legal
points raised by the topic? Have I
applied my knowledge
appropriately to the question?

70+

60-69

50-59

40-49

35-39

Detailed, accurate, and

relevant. Key points
highlighted. Demonstrates
systematic understanding of
all key aspects of topic and
excellent breadth and depth
of knowledge. Appreciating
any ambiguities in the area
of legal study.

Detailed, accurate,
relevant.
Shows thorough
understanding of
key aspects of
topic.

Sound knowledge and

understanding of key
topics. May be a
tendency to reproduce
information received
from elsewhere (e.g.
programme materials).
A few errors or
misconceptions may be
present, but not in
important areas.

Demonstrates
basic knowledge
and understanding,
Reproducing
information is a
frequent feature.
Errors or
misconceptions will
be evident but
outweighed by the
overall
understanding.

Limited
knowledge, with
many errors
misconceptions,
and gaps.

Fairly superficial
and generally
derivative , balance
of work is in favour
of description and
factual
presentation.

Largely
descriptive, any
arguments are
rarely
substantiated
with legal
authority.

Some evidence
mentioned, but not
generally
integrated into the
work or evaluated,
although there may
be some limited
attempt at legal
analysis and
evaluation.

There may be
some attempt to
present legal
arguments and
solutions but the
outcomes may be
naive ,simplistic
or unconvincing.

Strong ability to apply legal

knowledge to the key issues
of the task

CRITERIA 2
Critical analysis, development
of legal argument and use of
authority to support reasoning
Are the points that I have made
well reasoned and supported by
reference to legal authority?
Have I shown appreciation of
alternative perspectives and
identified possible flaws in
arguments, counter-arguments and
defences where appropriate?
Have I evaluated the arguments
and provided reasons or evidence
for my conclusion or advice?

Discussion of more
complex legal
issues often tackled
successfully

Some evidence of
ability to apply core
legal principles.

Analytical and clear

conclusions well grounded in
legal doctrine and
authority, possibly showing
development of new and
innovative solutions to legal
problems

Able to undertake
detailed legal
analysis,

At times demonstrates
an ability to undertake
analysis.

Good development
of arguments which
are substantiated

Key points supported with

legal authority, and
alternative perspectives are
critically evaluated.

Most points
illustrated with
relevant evidence.

Evidence of findings
and conclusions usually
grounded in
appropriate legal
authority. Arguments
usually substantiated.

Comments perceptively on
the application of legal
authority to practical
problems

BELOW 35
Extremely limited
with significant
errors and gaps

Good evidence of
evaluation and
ability to make
appropriate
judgments

Some over reliance on

description and factual
presentation

Little or no
evidence of being
able to undertake
analysis.
Fails to identify or
evaluate different
perspectives or
arguments
Inconclusive or
lacks an
appropriate
conclusion

CRITERIA 3
Research and use of legal
sources. Accurate referencing
Have I synthesised information
from primary and secondary legal
sources and have I identified and
used material which is relevant to
the task and referenced it
accurately?

Wide variety of sources used

extending well beyond
programme material,
showing strong ability to
synthesise
Academic and textbook
referencing clear, relevant
and consistently accurate
using the Harvard system.
Case law and legislation
cited accurately

Material from a
variety of sources
used extending
beyond those
sources provided,
demonstrating
some synthesis of
information.
Referencing
relevant and mostly
accurate using
Harvard system
Case law and
legislation mostly
cited accurately

CRITERIA 4
Structure and presentation
Is there a clear introduction,
progression and conclusion?
Is the language that I have used
appropriate for academic writing,
and is it clear and succinct?
Is my use of grammar and my
spelling accurate?

Rigorously argued, logical,

easy to follow. Obvious and
well defined structure.
Demonstrates a strong
ability to communicate
information and complex
ideas in a coherent and
succinct manner.
The standard of presentation
is high with correct use of
grammar and accurate
spelling.

Generally clearly
argued and logical.
Key points
appropriately
organised and dealt
with systematically.
The ability to
communicate
information and
ideas clearly and
succinctly is good,
with very few
spelling or
grammatical errors.

Tendency to rely on
core materials and
information provided
by tutors although
evidence of some
individual reading.
Minor inconsistencies
and inaccuracies in
referencing using
Harvard system.
Case law and
legislation mostly cited
accurately.

Overall the format and

structure are
appropriate but the
work may not always
be clear or logical.
There may be
occasional faults in the
presentation of the
work but overall these
do not detract from the
clarity of expression.

Over-reliance on
materials provided
by tutor. Little or no
evidence of reading
around the subject.
Referencing present
but contains
inconsistencies and
some inaccuracies,
overall Harvard
system used.

Referencing
frequently
inaccurate
Harvard system
may be
incorrectly used
Case law and
legislation cited
but frequently
inaccurately.

No evidence that
any reading of the
subject matter/
around the subject
matter was
undertaken
No referencing
used at all or
frequently
inaccurate
Case law and
legislation may
not be cited

Key points may not

be logically
sequenced.
Arguments may be
underdeveloped
and not entirely
clear.
Although there will
be faults in the
work generally the
language and
meaning is still
clear.

Muddled, faults in
structure mar the
clarity of
expression
Inaccuracies in
spelling and
grammar are
apparent.

No structure
apparent
throughout.
Incoherent.

Frequent faults in
presentation make
the work unclear
and difficult to
follow.