HND BusinessKey Points:
? You should answer ALL questions in this assignment.
? Your assignment should be handed in by the deadline.
? The assignment must be your own work and original in all answers to the
tasks.
? You are expected to apply Harvard referencing system to acknowledge any
secondary sources of information used to support your work in the assignment.
? You will be expected to check spelling mistakes and grammar before
submitting your work.
? The London School of Business and Management Cover sheet should be used
in every submitted work.
? An appropriate report structure should be used with headings that include:
Table of Contents, Introduction, Discussion/Evaluation, Conclusions,
References and Appendices (if necessary).
? There should be clarity of expression in your work.
? Your work should demonstrate, for example, relevant factual content and
understanding of the subject, critical analysis, evaluation, justifications, key
arguments, correct use of appropriate models/framework etc.
Submission Regulations
1. “Assignment Front Cover Sheet” must accompany every submitted work [Cover
sheet is available from our Virtual Learning Environment – Moodle].
2. Assignments must be submitted on or before the due date, via Turnitin. Please
refer to Moodle for detailed assignment submission instructions.
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Task 1:
LO1: Understand the essential elements of a valid contract in a
business context
1. What are the essential elements for the formation of a valid contract? Please refer
to the scenario below to answer the question.
Facts: James advertised on an ecommerce website the sale of a high definition web
camera for £55. Maria responded to the advertisement via e-mail stating that she
was willing to buy the web camera for £45. James replied that he would only accept
the original price. Maria did not respond. James did not have any other offers so he
wrote again to Maria and stated that he was accepting her offer of £45. (covers AC
1.1)
2. Identify and explain the main types of contracts that may be entered in the UK by
individuals and businesses. Provide examples. (covers AC 1.2)
3. Explain the different terms that can be included in a valid contract. Your answer
should include an explanation of express terms, implied terms, innominate terms,
conditions and warranties. (covers AC 1.3)
This task covers assessment criteria 1.1, 1.2 and 1.3
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Task 2:
LO2: Be able to apply the elements of a contract in business
situations
1. Please read the scenario below and draft a simple contact for the purchase
of the product advertised by Bella UK. Your contract should include at least
one express term, one implied term and one exclusion clause. (covers AC 2.1
& 2.2)
Facts: Bella UK is a fictitious company that produces various beauty products.
Recently Bella UK produced a new shampoo called “Miracle Oil” that claims rapid
hair growth. To promote the “Miracle Oil” shampoo Bella UK send out flyers
advertising its product and offering it at a special price. The flyer stated:
“Miracle Oil, for a limited time only half price! Buy ten boxes for the price of 5.
Guaranteed results*. To order see details on our website
www.miracleoilinstantgrowth.net”
*The seller accepts no responsibility for any adverse results, the product has 20%
success.
“Hair 4 U” is a fictitious small local business that saw the advertisement and decided
to take advantage of the offer. “Hair 4 U” placed an order for 10 boxes of “Miracle
Oil”.
2. Write a report to Mr. Michael Hair, the owner of “Hair UK” explaining the
following: (covers AC 2.3)
a) breach of a condition and;
b) legality of the exemption clause
This task covers assessment criteria 2.1, 2.2 and 2.3
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Task 3:
LO3: Understand principles of liability in negligence in business
activities
1. Explain the differences between contract and tort liability (covers AC 3.1)
2. Discuss the development of the concept of “duty of care” and the neighbour
principle in the Tort of Negligence with particular reference to the case of Donoghue
v Stevenson (covers AC 3.2)
3. Facts: Alan a local milkman contrary to express prohibition from his employers
Norfolk farms hired Matthew, a 13 year old boy to help him with the delivery of milk
on Wednesdays. Alan told Mathew that he was not supposed to hire him and they
should keep it between themselves. On Wednesday morning, as Mathew was
helping Alan to deliver milk, Alan reversed the van and accidentally injured Mathew.
Please answer the following:
a) Can Mathew sue Alan?
b) Can Norfolk farms be held vicariously liable in this situation?
In your answer you should include an explanation of how a business can be
held vicariously liable for the wrongs committed by their employees. (covers
AC 3.3)
This task covers assessment criteria 3.1, 3.2. and 3.3
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Task 4:
LO4: Be able to apply the principles of liability in negligence in
business situations
1. Facts: Albert has decided to rent a flat from Brad. He fills out an application form
giving his accountant’s details Charles D Lois to be his referee. Brad requests from
Charles information about Albert’s financial situation. Charles, the accountant
confuses Albert with another client and does not bother to check the file properly. He
replies to Brad that Albert is an excellent client with high income and savings and
recommends him as a tenant.
In fact, had he looked at the correct file, he would have seen that Albert was
continuously in overdraft and has been in serious debt with various banks on and off
for many years. Some months later, Albert disappears having taken the flat on and
run up several thousand pounds’ worth of rent arrears.
Draft a short letter to advise Brad as to whether he can recover his losses from
Charles. (covers AC4.1)
2. Read the following scenarios and answer the questions: (covers AC 4.2)
a) Graham is employed as a doorman by Macho Men plc, a company that owns a
chain of night clubs throughout the UK. Whilst working at one of the clubs he is
alerted of a drunken customer who has been arguing with the barman and has been
throwing items causing damage to the club’s property. Graham ejects the customer,
but in doing so he breaks the customer’s arm.
Is Macho Men plc liable for the actions of Graham? Would your answer be
different had Graham been expressly prohibited by the company from
manhandling troublesome customers?
b) Carla works as a courier for Links Ltd. On her day off she uses the company van
to take her friend Lucy to the railway station. On her way back she decided to deliver
some parcels, even though it was not a working day for her. After making her first
delivery, she negligently crashes into a car driven by George.
Is Carla liable for the damage caused to George’s car? Can Links Ltd be held
vicariously liable?
This task covers assessment criteria 4.1 and 4.2
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Grading Criteria (Pass, Merit, Distinction)
Criteria for PASS Possible evidence
LO1 Understand the essential
elements of a valid contract in a
business context
AC1.1 explain the importance of the essential
elements required for the formation of a valid
contract
AC1.2 discuss the impact of different types of
contract
AC1.3 analyse terms in contracts with reference to
their meaning and effect
LO2 Be able to apply the elements
of a contract in business situations
AC2.1 apply the elements of contract in given
business scenarios
AC2.2 apply the law on terms in different contracts
AC2.3 evaluate the effect of different terms in given
contracts
LO3 Understand principles of
liability in negligence in business
activities
AC3.1 contrast liability in tort with contractual liability
AC3.2 explain the nature of liability in negligence
AC3.3 explain how a business can be vicariously
liable
LO4 Be able to apply principles of
liability in negligence in business
situations
AC4.1 apply the elements of the tort of negligence
and defences in different business situations
AC4.2 apply the elements of vicarious liability in
given business situations.
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Grade Descriptors for MERIT Possible Evidence
M1 Identify and apply strategies to
find appropriate solutions
M1 – Effective judgements have been made
(AC4.1 & AC4.2)
M2 Select / design appropriate
methods / Techniques
M2 – Relevant theories and techniques have been
applied (AC2.3 & AC3.3)
Harvard referencing format has been correctly
applied in both citations and the reference list
M3 Present and communicate
appropriate findings
M3 – An appropriate structure and approach has
been used in producing the required work.
Appropriate technical language has also been
accurately used in the report.
(AC2.1 & AC2.2)
Grade Descriptors for
DISTINCTION
Possible Evidence
D1 Use critical reflection to
evaluate own work and justify valid
conclusions
D1 – Conclusions have been arrived at through
synthesis of ideas, and have been justified.
(AC3.2 & AC2.3)
D2 Take responsibility for
managing and organising activities D2 – Independence has been demonstrated in
managing the activities and producing the required
work
(All activities)
Harvard referencing format has been accurately
applied in both citations and the reference list
(Throughout the work produced)
D3 Demonstrate
convergent/lateral/ creative
thinking
D3 – Problems have been solved demonstrating
creative thinking and application of key concepts in
the analysis to illustrate the points made
(AC4.2).