Scenario:  You are working as a legal assistant for one of the senior partners in a local firm of solicitors.  They have asked you to consider the following case studies and to prepare a report for each one.  Your reports will require you to consider each set of circumstances and to express your recommendations, based on your knowledge of UK law.

Case study 1

Jess advertised a second hand van for sale on a car trade website for £2650.00. Mr. Powell views the advertisement and call Jess to express his wish to buy the van. But due to the fact that he lives 600miles away he offered to come and buy the van after 3 days. Jess says that she would sell the van if any other customer wishes to buy the vehicle before Mr. Powell arrived. For this Mr. Powell agreed to pay £450 pounds in advance if Jess promises she would not sell for the next 3 days. Jess agrees to this.

Case study 2

Barry goes into a park which is managed by his local council. He sees a notice which states that chairs are for hire for 50p per hour. Barry pays the 50p and is given a ticket and a chair. Later, the chair collapses under him, damaging his clothes. When Barry complains, the attendant points to a clause on the ticket which states, “No liability is accepted for any damage or injury caused by the failure of any hired equipment.”
Task 1:  LO1 (LO1.1, LO1.2, LO1.3), M1

Considering the Case study 1 mentioned above, define the legal meaning of the term ‘contract’ and explain the important elements of a valid contract. Identify and discuss the terms of offer and whether there has been acceptance of the offer. Identify the intention to create legal relations and the consideration of moving between the parties. Discuss the impact of different types of contract and analyse terms in contracts with reference to their meaning and effect, and explain the factors that would impair the formation of a contract.
To achieve M1, the learner will be able to carry out wide research using different reliable sources to identify and apply strategies to explain, analyse and make effective judgements about elements of contract.
Task 2:  LO2 (LO 2.1, LO 2.2, LO2.3), D1

Are the council entitled to rely on the clause? Taking the scenario in Case study 2 into consideration, apply the elements of contract in given business scenarios.  Apply the law on terms in different contracts and evaluate the effect of different terms in given contracts.

To achieve D1, the learner needs to critically evaluate key points and draw conclusions while making a synthesis of ideas and justifying them effectively. The learner is also required to propose realistic improvements of the positive features of the terms and suggest improvements before discussing how well the terms meet the needs of the both parties.

Assignment Brief B
Unit number and title    Unit 5: Aspects of Contract and Negligence for Business
Qualification    Pearson BTEC Level 5 HND Diploma in Business
Start date    24th February 2014
Deadline/hand-in    20th June 2014
Assessor

Assignment title    Aspects of Contract and Negligence for Business
Purpose of this assignment
The purpose of this assignment is to present a report with reference to the case study given and compare and contrast liabilities. Give detailed explanation of the nature of liability in negligence and its effect on businesses.
Scenario:  This scenario continues, as before, in Assignment Brief B.  You are working as a legal assistant for one of the senior partners in a local firm of solicitors.  They have asked you to consider the following case studies and to prepare a report for each one.  Your reports will require you to consider each set of circumstances and to express your recommendations, based on your knowledge of UK law.

Case study 3

3. Adam advertises a reward of £1,000 for the first person to paddle across the English Channel in a bath, from Dover to Calais. Brian sees the advertisement in the news paper, purchases a bath, and sets out from Dover. On the same day, whilst Brian is in mid-channel, Adam places another advertisement in the same news paper announcing that the reward is being withdrawn with immediate effect. Unaware of this, Brian continues his voyage and duly arrives in Calais. Brian then claims the reward. Adam refuses to pay.

Task 3:  LO3 (LO 3.1, LO3.2, LO3.3), M2, D2

Is Brian entitled to claim the reward? Taking this scenario into consideration, contrast liability in tort with contractual liability.  Explain the nature of liability in negligence and explain how a business can be vicariously liable.

To achieve M2, the learner will be using the given business scenarios to apply the law on terms in different contracts while evaluating with evidence of two or more sources of information for each legal point in the assignment.  To achieve D2, the learner will demonstrate the qualities of managing and organising responsibility in order to carry out activities.

Assignment brief C
Unit number and title    Unit 5: Aspects of Contract and Negligence for Business
Qualification    Pearson BTEC Level 5 HND Diploma in Business
Start date    24th February 2014
Deadline/hand-in    20th June 2014
Assessor

Assignment title    Aspects of Contract and Negligence for Business
Purpose of this assignment
The purpose of this assignment is to present a detailed evaluation of torts, their nature, elements of tort of negligence and defences.
Scenario:  This scenario continues, as before, in Assignment Brief B.  You are working as a legal assistant for one of the senior partners in a local firm of solicitors.  They have asked you to consider the following case studies and to prepare a report for each one.  Your reports will require you to consider each set of circumstances and to express your recommendations, based on your knowledge of UK law.

Case study  4

One night, Mark decides to check in at the Poshplace Hotel, which is owned by Ben. Later that night, Mark is in his room when a masked man enters and threatens to harm him unless he hands over his valuable antique jewellery. Mark hands it over. The thief later turns out to be Neil, the hotel gardener, who had stolen a master key to the hotel room.

Meantime, downstairs in the kitchen, Roger, the dishwasher, is complaining about the skin rash he has developed as a result of long periods of washing up. Although rubber gloves are available, most employees do not use them. Colin, the head chef, is getting fed up with Roger and in his anger, knocks Roger unconscious with a frying pan.

Meanwhile, to cheer himself up, Mark later decides to go to the Hotel pool for a swim. A sign on the pool door reads: ‘Pool closed between 7.00pm and 7.00 am. No entry to visitors during these hours; ‘Dangerous when unattended’. Mark reads but ignores the sign and enters. He cannot find the light so just jumps in. In fact, the pool has been emptied and Mark is badly injured and tears his expensive designer swimming trunks

Task  4:  LO4 (LO 4.1, LO4.2 4.2), M3, D3

Evaluate the accuracy of each of the seven statements ( A-G, below)  individually, as they apply to the facts in the above scenario. Apply the elements of the tort of negligence and defences and apply the elements of vicarious liability in these situations.

Statement A: Neil does not owe Roger a non-delegable duty of care as an employer to provide a safe working environment.

Statement B: Roger can bring a claim in vicarious liability against Neil for Colin’s actions.

Statement C:  The Poshplace Hotel is liable to Mark under the Occupiers’ Liability Act 1957.

Statement D: The Poshplace Hotel is not liable to Mark under the Occupiers’ Liability Act 1984 because of its warning notice.

Statement E: Mark can use ordinary negligence principles in his claim against Poshplace.

Statement F: Under the Occupiers’ Liability Act, Mark will not be able to claim for the cost of his designer swimming trunks.

Statement G: Mark can bring a claim in vicarious liability against Poshplace Hotel for the loss of his jewellery.

To achieve M3, the learner is able to organise their views in a logical and coherent manner that is appropriate for familiar and unfamiliar audience and be able to convey the prevailing legal judgements in a clear and relevant format.  To achieve D3, the learner will be able to use analytical and creative thinking with a broader understanding of the business environment while identifying its relevance to law.

Evidence checklist    Summary of evidence required by student    Evidence presented
Task 1a,1b

and Task 2    Produce a detailed report showing understanding of the different contract law and the rights and responsibilities for both businesses and customers who are linked to them. The report should present evidence of the learner’s knowledge of the solutions in case of a breach of contract.  The report for Task 1a,1b & 2 must comprise a word count of 1000 with +/- 10% margin. You may use examples of real legal cases, tables and chart where applicable, to support your report.

Task 3    Evaluate the purpose and elements of torts of negligence, defences and elements vicarious liability, using your knowledge and research in this area of law. You should be able to apply this knowledge to the situations mentioned in the task.  Your evaluation for Task 3 must comprise a word count of 1000 with +/- 10% margin. You may use examples of real legal cases, tables and char where applicable, to support your evaluation.

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Aspects of contract and negligence for business

Purpose of this assignment

To be able to use a variety of written methods to demonstrate a full understanding about the tort of negligence affects business.

SCENARIO

Wayne has recently invested £100,000 in Fidelity Ltd.  He invested the money on the advice of his friend, Rio, who had invested £500,000 in the company, having been sent the company accounts by the auditors, Careless and Co.  The auditors had sent the accounts to Rio in order to persuade him to invest in the company.  The accounts showed the company to be in a strong financial position and both Rio
and Wayne expect to make a substantial sum of money selling the shares in the future.  Pleased with the possibility of making a substantial profit and to celebrate England winning the world cup, Wayne decides to hold a party the following Saturday.

On the evening of the party, John, who has not been invited, enters via the back door and, on seeing Wayne coming towards him, goes through a small door marked “Dangerous Steps”.  The door opens inwards and John falls down the steps into a cellar.  He smashes his Rolex watch and breaks his wrist. Ashley, who has been invited to the party, trips over badly laid flooring and falls into a bucket of bleach, seriously burning his hands and damaging his clothing.  Glen, another guest, decides to leave the party by climbing over the garden wall rather than using the door.  He does not realise there is a 10 foot drop the other side of the wall and breaks both his legs.

David, who has recently passed his driving test, decides to drive his car to the office.  He has parked in the car park at the office of Franks.  Later, he reverses his car but he negligently fails to see Peter, who is drunk, walk past the rear of the car.  Peter is seriously injured when the car reverses over his legs. On hearing the commotion several other staff rush out onto the street.  One of these employees is Ella, Peter’s sister; she is so shocked by what she sees that she develops a psychiatric illness.

On Monday, Wayne and Rio receive the news that Fidelity Ltd has gone into liquidation with debts of
£2.1m.  The accounts had been negligently prepared by Careless & Co and should have shown that
Fidelity Ltd. Was in a very poor financial position.

TASKS:

You should identify all the relevant issues regarding the tort of negligence and ensure you support your answers with appropriate legal authority and evaluation using supporting case law.

IN REPORT FORMAT ANSWER THE FOLLOWING QUESTIONS:

1.  Explain to Wayne the duties and standard of care owed by an occupier of premises and advise him of any claims John, Ashley and Glen may have under the Occupiers Liabilities Act 1957 and 1984.  (LO
3.1, 3.2, 4.1)

2.   Explain the test which is applied in the tort of negligence to determine whether the defendant breached the legal duty of care owed to a claimant.  Which factors would a court take into account to determine how a reasonable person would act? (LO 3.3)

3.   Explain the requirements in Caparo v Dickman that have to be established if the court is to recognise a new duty of care.  (LO 3.1, 4.1)

4.   Consider the tort of negligence and explain David’s liability (if any) to Paddy and Ella (LO 3.2, 4.2). Explain to David the concept of vicarious liability and how Franks may or may not be liable (LO 3.3, 4.2)

5.  Advise Wayne and Rio on their likelihood of succeeding in a claim for negligent misstatement against
Careless & Co.  (4.2)

To achieve M2 you will have used suitable techniques to explore in depth the nature of the essential elements involved in liability in negligence and use your findings to apply to different situations

To achieve M3 the work you present will be in appropriate business report format and will use all legal and business terminology accurately.

To achieve D1 critically reflect on your findings above and provide clear justifications for all the conclusions you have reached.

To achieve D2 you will have demonstrated an effective approach to independent study and research and will have met the deadline to submit the tasks and achieve the unit assessment criteria.

Evidence checklist
Summary of evidence required by student
Evidence presented
3.1  Contrast liability in tort with contractual liability    Formal report to be submitted
3.2 Explain the nature of liability in negligence    Report
3.3 Explain how a business can be vicariously liable    Report
4.1  Apply the elements of tort of negligence and defences in different situations    Report
4.2  Apply the elements of vicarious liability in given situations    Report

Achievement Summary

Qualification
HND Business Management
Assessor name
Yasmin Powell

Unit Number and title
5: Aspects of Contract and
Negligence for Business
Student name

Criteria
Reference    To achieve the criteria the evidence must show that the student is able to:    Achieved? (tick)
3.1    Contrast liability in tort with contractual liability
3.2
Explain the nature of liability in negligence
3.3    Explain how a business can be vicariously liable
4.1    Apply the elements of tort of negligence and defences in different situations
4.2    Apply the elements of vicarious liability in given situations

Higher Grade achievements (where applicable)

Grade descriptor
Achieved? (tick)
Grade descriptor
Achieved? (tick)
M1: Identify and apply strategies to find appropriate solutions        D1: Use critical reflection to evaluate own work and justify valid conclusions
M2: Select / design and apply appropriate methods / techniques        D2: Take responsibility for managing and organising activities
M3: Present and communicate appropriate findings        D3: Demonstrate convergent/lateral/creative thinking

Aspects of contract and negligence for business

Purpose of this assignment

To be able to use a variety of written methods to demonstrate a full understanding about the tort of negligence affects business.

SCENARIO

Wayne has recently invested £100,000 in Fidelity Ltd.  He invested the money on the advice of his friend, Rio, who had invested £500,000 in the company, having been sent the company accounts by the auditors, Careless and Co.  The auditors had sent the accounts to Rio in order to persuade him to invest in the company.  The accounts showed the company to be in a strong financial position and both Rio
and Wayne expect to make a substantial sum of money selling the shares in the future.  Pleased with the possibility of making a substantial profit and to celebrate England winning the world cup, Wayne decides to hold a party the following Saturday.

On the evening of the party, John, who has not been invited, enters via the back door and, on seeing Wayne coming towards him, goes through a small door marked “Dangerous Steps”.  The door opens inwards and John falls down the steps into a cellar.  He smashes his Rolex watch and breaks his wrist. Ashley, who has been invited to the party, trips over badly laid flooring and falls into a bucket of bleach, seriously burning his hands and damaging his clothing.  Glen, another guest, decides to leave the party by climbing over the garden wall rather than using the door.  He does not realise there is a 10 foot drop the other side of the wall and breaks both his legs.

David, who has recently passed his driving test, decides to drive his car to the office.  He has parked in the car park at the office of Franks.  Later, he reverses his car but he negligently fails to see Peter, who is drunk, walk past the rear of the car.  Peter is seriously injured when the car reverses over his legs. On hearing the commotion several other staff rush out onto the street.  One of these employees is Ella, Peter’s sister; she is so shocked by what she sees that she develops a psychiatric illness.

On Monday, Wayne and Rio receive the news that Fidelity Ltd has gone into liquidation with debts of
£2.1m.  The accounts had been negligently prepared by Careless & Co and should have shown that
Fidelity Ltd. Was in a very poor financial position.

TASKS:

You should identify all the relevant issues regarding the tort of negligence and ensure you support your answers with appropriate legal authority and evaluation using supporting case law.

IN REPORT FORMAT ANSWER THE FOLLOWING QUESTIONS:

1.  Explain to Wayne the duties and standard of care owed by an occupier of premises and advise him of any claims John, Ashley and Glen may have under the Occupiers Liabilities Act 1957 and 1984.  (LO
3.1, 3.2, 4.1)

2.   Explain the test which is applied in the tort of negligence to determine whether the defendant breached the legal duty of care owed to a claimant.  Which factors would a court take into account to determine how a reasonable person would act? (LO 3.3)

3.   Explain the requirements in Caparo v Dickman that have to be established if the court is to recognise a new duty of care.  (LO 3.1, 4.1)

4.   Consider the tort of negligence and explain David’s liability (if any) to Paddy and Ella (LO 3.2, 4.2). Explain to David the concept of vicarious liability and how Franks may or may not be liable (LO 3.3, 4.2)

5.  Advise Wayne and Rio on their likelihood of succeeding in a claim for negligent misstatement against
Careless & Co.  (4.2)

To achieve M2 you will have used suitable techniques to explore in depth the nature of the essential elements involved in liability in negligence and use your findings to apply to different situations

To achieve M3 the work you present will be in appropriate business report format and will use all legal and business terminology accurately.

To achieve D1 critically reflect on your findings above and provide clear justifications for all the conclusions you have reached.

To achieve D2 you will have demonstrated an effective approach to independent study and research and will have met the deadline to submit the tasks and achieve the unit assessment criteria.

Evidence checklist
Summary of evidence required by student
Evidence presented
3.1  Contrast liability in tort with contractual liability    Formal report to be submitted
3.2 Explain the nature of liability in negligence    Report
3.3 Explain how a business can be vicariously liable    Report
4.1  Apply the elements of tort of negligence and defences in different situations    Report
4.2  Apply the elements of vicarious liability in given situations    Report

Achievement Summary

Qualification
HND Business Management
Assessor name
Yasmin Powell

Unit Number and title
5: Aspects of Contract and
Negligence for Business
Student name

Criteria
Reference    To achieve the criteria the evidence must show that the student is able to:    Achieved? (tick)
3.1    Contrast liability in tort with contractual liability
3.2
Explain the nature of liability in negligence
3.3    Explain how a business can be vicariously liable
4.1    Apply the elements of tort of negligence and defences in different situations
4.2    Apply the elements of vicarious liability in given situations

Higher Grade achievements (where applicable)

Grade descriptor
Achieved? (tick)
Grade descriptor
Achieved? (tick)
M1: Identify and apply strategies to find appropriate solutions        D1: Use critical reflection to evaluate own work and justify valid conclusions
M2: Select / design and apply appropriate methods / techniques        D2: Take responsibility for managing and organising activities
M3: Present and communicate appropriate findings        D3: Demonstrate convergent/lateral/creative thinking