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LW265 Law of Contract
1. Detail of the Assessment task
Answer both parts (a) and (b):
(a) You are working as a trainee solicitor at Robson and Green Solicitors LLP. A client, Edward Henderson, arrives for an appointment with your supervising partner and yourself and tells you the following:
Fitness UK Ltd, based in Brighthove, have designed a fitness app for smartphones which they claim help anyone, however unfit, to run 10km with just eight weeks training. To promote their app they placed advertisements on 5 August in national men and women’s fitness magazines stating that if anyone followed the app training programme as directed and could not run 10km after eight weeks, they would give them and a friend/partner a spa weekend at a top spa in Berkshire. The advertisement showed pictures of a runner wearing a medal and a couple in a jacuzzi.
Edward Henderson bought the app, followed the training programme, but was unable to run more than 5km at the end of the eight weeks. He called Fitness UK Ltd to ask for the spa break but they told him that the advertisement was not to be taken seriously. They also told him that in any case they had distributed flyers in local gyms and parks stating that they had withdrawn the earlier offer. On telling his colleagues at work what had happened, Edward’s colleague Caroline Long told him that she had also bought the app, having heard from a friend how good it was. She was also unable to run 10km at the end of eight weeks and having heard about the spa break from Edward, says that she will contact Fitness UK Ltd too. Edward has told Caroline he will ask for advice on the legal position for both of them.
Your supervising partner gives Edward some preliminary advice during the meeting but has asked you to prepare a report, outlining the key legal issues and relevant authorities which will assist him in preparing his written advice to Edward.
(b) The following day your supervising partner asks you to accompany him to another client meeting. The client, Annie Worthington, tells you that she has received an email (Appendix 2) threatening to sue her and that she would like your assistance. Annie tells you the following:
Last month Annie decided to sell her running machine as she has given up running and taken up yoga instead. She placed an advertisement on www.Oaktree.com a local online advertising website:
Offer. Deluxe running machine in excellent condition. Only £500.
On 1 September Annie received a phone call from Ben. Ben asked the price of the running machine and Annie told him it was £500. Ben said he would like the running machine but could only pay £450. As this was only the enquiry she had had Annie was unsure whether to go ahead and told Ben she would think about it and get back to him. An hour later she received an email from Charlie saying he would like to come and see the machine. When Charlie came to see the machine they recognised each other and realised that Charlie is a friend of Annie’s ex-boyfriend Jack. After seeing the machine Charlie said he would like it but as he is a student, he is short of money and wondered if he could pay in two weeks when he would receive his student loan. Annie said she could not wait that long but that she would keep the offer open for five days. Later that day Ben realised that £500 was a very good price for this machine and called Annie at 7pm but she did not pick up so he left a message saying that he would pay £500 and that if he did not hear from her he would come and collect the machine the next evening. Annie was at a yoga class and did not pick up the message until the next morning (2 September). At her yoga class she mentioned that she had the running machine for sale and David, her yoga teacher, said that he had been looking for one. David gave her a lift home, liked the machine and bought it.
On 2 September at 6pm Annie heard a knock on her door and discovers it is Ben who said he had £500 and had come to buy the machine. After telling him she had already sold it he told her she is in breach of contract and that he will “take this further”. On 5 September a neighbour gave her a letter (see Appendix 1). This is addressed to Annie but has been addressed to number 9 Brightside Avenue whereas Annie lives at number 19. Later that day she discovered that she also had an email from Charlie (see Appendix 2).
Your supervising partner gives Annie some preliminary advice during the meeting but has asked you to prepare a report, outlining the key legal issues and relevant authorities which will assist him in preparing his written advice to Annie.
Flat 5b, Morley Rd, Brighthove, BN2 8QQ
3 September 2014
19 Brightside Avenue
My mum, who really wants me to stop eating takeaways and get fit this year, has agreed to buy the running machine for me. As I am a law student I know that it is better to put things in writing so I am writing to let you know that I would like to buy the machine. Please call me on my mobile and so we can arrange a time for me to come and collect it.
On 5 September, 2014 7:21 PM, Charlie Statton <firstname.lastname@example.org> wrote:
I heard from my mum, who knows your yoga teacher David Conway, that he has bought your running machine. I am very angry about this as you told me you would keep the offer open for five days and I wrote to you to accept it. I am studying law at the University of Brighthove and know that you are in breach of contract. I am looking into what legal action I can take.
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2. The Marking Criteria
Please refer to your Course Handbook (in the Course area on Studentcentral) for the marking criteria.
3. Learning Outcomes being assessed
The task is assessing the following module learning outcomes, and you must
therefore demonstrate achievement of these learning outcomes to be awarded a
• To establish the main principles of the Law of Contract (relevant to the question set).
• To encourage analysis of factual problems and their solution.
• To progress expertise in legal research skills.
• Apply knowledge to complex situations.
• Locate, extract and analyse information from multiple sources, including the acknowledgement and referencing of sources. To select key issues, formulate them with clarity and write fluently, using legal terminology correctly.
• Demonstrate a capacity for critical evaluation of argument and evidence with the ability to recognize potential alternative conclusions for particular situations, and provide supporting reasons for them.
• Engage in academic debate in a professional manner.
• Make personal and reasoned judgments based on an informed understanding of standard arguments in certain areas of law.
• Act independently in planning and managing tasks, identify necessary resources, and reflect critically on their own learning.
• Use standard paper and electronic resources to produce up to date information, and to conduct efficient searches of websites in order to locate relevant information.
4. The Weighting of the Assessment Task
The piece of individual coursework carries a 30% weighting.
5. Word limit
The word limit for the assignment is 1,500 words excluding footnotes, appendices and the bibliography. Please note this is the word limit – there is no extra 10% allowance.
Please refer to your course handbook for guidelines as to the penalty for non-compliance with the word range.
You are required to include a word count at the end of your submission.
6. Presentation and referencing guidelines
Detailed guidance on the presentation and referencing of your work is contained in your Studying Law Guide (in the Course area of Studentcentral). Please make sure that you follow the guidelines in the handbook.
Please refer to your Course Handbook for submission procedure. Work must be submitted by 11.59pm on day of submission. However, you are strongly advised to submit your work ahead of the deadline in case of e.g. IT problems. All coursework must be submitted digitally via Turnitin on Studentcentral. You do not need to submit a paper copy. Only coursework submitted digitally via Turnitin will be marked.
8. Plagiarism and collusion
Your assignment will be subjected to a scan for plagiarised material.
Please see the Plagiarism Awareness Pack (in the Course area on Studentcentral) for further information.