Submission Deadline Marks and Feedback Before 6pm on: 15 working days after deadline (All Levels) 16/7/2020 What am I required to do in this assignment? Module title & code BLT & AC 14-2 Assignment number and title 1 & WR - I Assessment type Individual Report Weighting of assessment 50% Module learning outcomes 1. Knowledge and understanding Be aware with the provisions of various commercial laws and the tax system applicable in Oman. 2. Skills and abilities Apply provisions of various laws to analyse a given scenario/case and apply relevant tax rules of Oman to calculate corporate and capital gain tax. Students are expected to analysis the case to qualify this assessment. A CASE ON CONTRACT LAW: Read the following case and prepare a detailed report based on the given tasks. It is very important that you apply the Business Law perspective to the case. Mr Hamid scheduled a trip to Salalah to hold six meetings, each to obtain long-term work with a different potential client. All the meetings were scheduled for the same day. Three meetings were scheduled in the morning (before noon), and three in the afternoon. As the meetings were to take place in various locations throughout Salalah City, Mr. Hamid would need transportation for the day. Mr. Hamid had never previously visited Salalah City, so he did not want to rely on public transportation or try to drive himself around in unfamiliar locations. After some web research, he found the website of Salalah City Drivers (Salalahcitydrivers.com). The website offered the services of several drivers, who could be hired by hour or day basis. Each driver’s profile on the website listed the driver’s name, age, hourly and daily rates, and the make and model of the driver’s vehicle. Mr. Hamid selected Driver’s profile. After verifying that Driver would be available on the day of his meetings, Mr. Hamid completed the online order form to hire him. Later that day, the Driver emailed Mr. Hamid to confirm his reservation. Driver attached a photo of his car to the email, so that Mr. Hamid would recognize it when he picked him up. After viewing the photo, Mr. Hamid emailed Driver the following: Thank you for confirming my reservation for the next week. However, I am worried by the photo of your car you attached. I am planning to bring some of my photography equipment to my meetings that day, and it doesn’t look like the larger equipment will fit in your car. I would prefer an SUV, to be sure that all of my equipment will easily fit in the vehicle. Driver did not respond to Mr. Hamid’s email. On the day of Mr. Hamid’s reservation, Driver did not pick him up at the scheduled time. The hotel’s caretaker, who knew about Mr. Hamid’s meeting schedule, immediately offered to arrange substitute transportation that would get Mr. Hamid to all his meetings on time. Mr. Hamid declined the caretaker’s offer, and insisted on waiting for the Driver and using Salalah City Drivers. After waiting for half an hour outside his hotel, Mr. Hamid went back up to his hotel room and emailed Driver: Where are you? I have already missed my first meeting this morning, and I have five more scheduled throughout the day—including two more before noon. Driver did not respond until noon: Sorry, but I thought you canceled the reservation with me so that you could reserve an SUV! I have already accepted another client for today, but I will have my supervisor at Salalah City Drivers call you right now and see whether there is another driver who can get you to your afternoon appointments. Shortly after, the supervisor called Mr. Hamid, who was still in his hotel room, and arranged to send an alternative chauffeur to take him to his afternoon meetings. Mr. Hamid attended all three, signing contracts with two of the three clients. Mr. Hamid later complained to Salalah City Drivers that he would have made Omani Rials 5,000 profit on each morning appointment, had he signed a contract with each potential client. Mr. Hamid then sued Salalah City Drivers for breach of contract, seeking only Omani Rials 16,000 in damages arising from the missed morning meetings. Assume a valid contract between Salalah City Drivers and Mr. Hamid. Write a detailed analytical report covering the following: 1. Introduction: In this section, the importance of law in general and Contract law in particular should be highlighted with proper references wherever applicable/required 2. Case Discussions & analysis: In this section you are required to write a report arguing either for or against. 2 Task 1 Salalah City Driver argues that it had no contractual obligation to pick up Mr. Hamid on the day of his reservation. Is this argument likely to succeed? Explain, making sure to articulate the rationale behind the argument. Task 2 Salalah City Driver argues in the alternative that, even if it breached the contract and Mr. Hamid’s estimate of his damages is accepted by the court, it is not liable for any lost profits resulting from Mr. Hamid’s missing his morning meetings. What will Salalah City Drivers argue that Mr. Hamid should have done? Is this argument likely to succeed? Explain. Task 3 Is Mr. Hamid likely to obtain a judgment of Omani Rials 16,000 arising from the missed meetings, and what will he need to show in order to obtain these damages? Explain. A critical discussion by using the relevant theoretical concepts from contract law and also legal precedencies to establish the stated argument. NOTE: Kindly ensure that your discussion and analysis should be based on the application of the following essential elements of a valid contract. • Possible types of contract applicable • Essentials of an Offer (including the conditions for termination of an offer) • Acceptance • Consideration • Capacity of parties • Legality of Object • Genuineness of Assent 3. Conclusion: An effective conclusion is needed to confirm your stance. Please note that there will be no universal truth for such cases. You can either argue FOR or AGAINST, but you need to substantiate your argument with the theoretical provision and also legal precedencies support. Deliverables Submission Submission of the group report will be done via Turnitin Link on MOVE. At the time of submission, you need to make sure that the assignment is your own and all the sources have been acknowledged. Is there a word limit (Number of Words ± 10%)? 2500 What do I need to do to pass? (Threshold Expectations) Information search should be evident and address at least some tasks. Information should support the task. • General understanding of the issues and also related theoretical background should be evident. • • • • Use of a range of appropriate sources should be evident. General critical stance and limited critical evaluation in contract law areas should be evident. Discussion of the argument should be clear and the report should be readable. Some compliance to HARVARD STYLE referencing is must. At least few references quoted which are should be in consistent with the amount of literature used in the report. • How do I produce high quality work that merits a higher grade? • • • Critical reasoning is consistently evident across the discussions. The tasks should have exemplary discussion and presented relevant precedencies Use of a wide range of appropriate and current sources, focusing on precedence and critical awareness of their status and relevance. 3 • • • • • • Evidence of exemplary understanding of relevant theory and research. Reference to appropriate theoretical background provides support to the discussion. Precedence cases should be provided that amplify the theoretical background The structure should be exemplary. Execution should be excellent. Discussions should be free from grammar or writing errors. A clear layout should augment the presentation. Overall organization of the report should be excellent. How does assignment relate to what we are doing in scheduled sessions? Scheduled classes will be the combination of both i.e. teaching the concepts related to the assignment and mini case study analysis based on the topics for assignment. The main purpose behind this activity is to develop student’s application and analyses skills. Students will be guided on how to analyse the case during the guided learning hours. 4 How will my assignment be marked? Your assignment be marked according to the threshold expectations and the criteria on the following page. You can use them to evaluate your own work and estimate your grade before you submit. No Criterion Weighing (%) Sub Standard / No Attempt (0 Marks) Poor (20 Marks) Sources not used to support substantive assertions or argument. 1 Information & Research 30 Satisfactory (40 Marks) Good (50 Marks) Very Good (60 Marks) Very good usage of variety Relevant information information from various search is sources. evident, but Contents are not adequate. Information properly There is no There is a good paraphrased. search is not evidence for attempt to adequate. Very The usage of information address the limited Although the information can search/ Tasks tasks. resources are information be better if it are incomplete. used to discuss supports the task, All the tasks relates to the the tasks. some of them are are discussed context. not properly but one or two Limited and analysed and lack tasks lack focus All tasks are at or clarity. uncritical use paraphrasing discussed some areas. of a restricted properly. range of sources Information search is evident. There is an attempt to address some tasks. All the tasks lack proper focus in discussion. Excellent (70 Marks) Excellent application of the relevant information from variety of sources. Excellent usage and quoting of the literature at relevant discussions. Outstanding (100 Marks) Use of a wide range of appropriate and current sources, focusing on research based All the tasks reviews are discussed indicating astutely with personal proper focus. research and critical awareness of Use of a wide their status and range of relevance. appropriate sources, indicating critical awareness of their status and relevance. Use of a wide range of appropriate sources with some critical awareness of their status and relevance The discussed tasks are completely out of focus. Task are not properly addressed. 2 Argument 40 Limited evidence of critical evaluation of material. Lack of analysis of information. No discussion is evident. Poor analysis of information. Although there is evidence for some discussion, they are discrete and lacking focus. It does not reflect critical application of the concepts to the case. Use of a range of appropriate sources. but without critical evaluation, or missing some significant items Evidence of a general critical stance. Evidence of limited critical evaluation in some areas, with some lost opportunities or misunderstandings. There is good evidence for critical analysis and reasoning in some areas. Very good application of the information to the case. There is evidence for indepth analysis of data. However, all tasks are not consistent in analysis and can be presented in a better manner. Excellent analysis of the information and precise application to the case. Critical reasoning is evident while discussion of all the tasks. Evidence of thorough critical appreciation and evaluation of relevant theory and research and a systematic and critical appreciation creative attempt to and evaluation relate it to the of relevant theory topic and research and a systematic attempt to relate it to the topic Evidence of critical evaluation in some areas, although some material not evaluated. Evidence of good Critical reasoning is consistently evident across the discussions. The tasks have exemplary discussion and detailed narration. 6 Though discussion of the ideas is clear, a coherent flow of thought is not evident. 4 5 Presentation & Structure Language 10 10 The assignment has unacceptable failings in structuring and / or clarity of written expression The report is unorganized to the point of being virtually unreadable. Lacks cohesion The report is and orderly difficult to read flow. due to overwhelming errors or misspellings The report is difficult to read due to overwhelming errors or Frequent compositional errors or misspellings, but the report The report is unorganized, but can be read. Poor flow of the report structure. Evidence for a coherent presentation is evident, but lacks uniformity throughout the essay. The report is somewhat organized. The flow is not coherent and needs improvement. The assignment has failings in structuring and / or clarity of written expression, which impair its capacity to communicate While the assignment has some failings in structuring and / or clarity of written expression, Frequent these do not compositional impair its errors or capacity to misspellings, but communicate. the report can be read More than occasional errors or misspellings. More than occasional errors or misspellings, but that does not take away significantly Well executed. Few grammar or writing errors. Reads easily. The report is well organized. There is orderliness in the structure. Coherence is also evident but there is still scope for improvement. A generally well-structured and expressed assignment, that communicate clearly. Well executed. Few grammar or writing errors. Reads easily. Is fairly well organized. Overall language is very good in terms of grammar and flow. The report is well organized with a cohesive discussion. The structure of the report is excellent. An assignment whose clear structure and expression significantly enhances its argument The structure is exemplary. Execution is excellent. Discussions are free of grammar or writing errors. A clear layout augments the presentation. Excellent overall organisation of the report Reads easily. Is well organized Execution is excellent. No grammar or writing errors. Reads easily Execution is outstanding. No grammar or writing errors. Reads easily 7 misspellings can be read. from the quality. Strictly adheres to Harvard Referencing style. 6 References 10 The references do not clearly comply with the basic requirements of HARVARD STYLE format. The report The report shows demonstrates a some compliance basic level of The references to HARVARD STYLE HARVARD do not clearly referencing, but STYLE comply with shows many referencing, the basic errors. but still requirements contains major of HARVARD deficiencies. Very few STYLE format. No references quoted The references sophistication are inadequate which are is evident i.e. inconsistent with to support the Websites do the amount of literature used not follow literature used in in the report. Harvard the report. Sources used Referencing show limited style. relevance and Some sources of information are Majority of the currency. are relevant while sources relevant and others are dated. current. Student understands The report and recognizes demonstrates a The report the concept of solid demonstrates intellectual understanding excellent property, can of the basic HARVARD defend him / elements of STYLE herself if HARVARD STYLE formatting challenged, formatting. Inskills. In-text and can text citations if citations are properly presented at presented at incorporate the relevant areas relevant areas. ideas / will lend more appropriateness Consistent use published of relevant and works of others to the report. into their own current Sources used to sources that work building support the enhance the upon them. discussions are discussions. relevant and Skillful use of current. credible, relevant and current sources of information that augments quality of discussion. 8