University of the West Indies – Open Campus
BUAD 1903 – Assignment #2 – 40%
Semester 2- 2022-2023
Due date 26th March 11.55pm EC time
Answer all questions
Each question is 35 marks = 105 marks to be converted to 40%.
Question 1
Hammer regularly took his car to be serviced at his local garage, Vanilla Ice Limited. On several
occasions before handing his car over to the garage, Vanilla Ice always require Hammer to read
and sign a contractual document which contained the following statement in big bold red font;
“Vanilla Ice Ltd accepts no responsibility for any consequential loss or injury sustained as a result
of any work carried out by the company, whether as a result of negligence or otherwise”.
During the most recent visit to the garage, Vanilla Ice was very busy when Hammer arrived, and
because of that fact, Hammer was not asked to sign the usual document. However, he was given a
receipt for his car, which he accepted without reading. Vanilla Ice’s usual business terms were
printed on the back of the receipt in red, including the said contractual term stated above.
On his way home after servicing, Hammer was severely injured when the car suddenly burst into
flames. Consequently, the fire was a result of the negligent work done by one of Vanilla Ice’s
mechanic. Vanilla Ice accepted that his mechanic was negligent, but denies any liability for
Hammer’s injuries, relying on the exclusion clause above.
Advise Hammer on whether the exclusion clause was incorporated into his contract with Vanilla
Ice Ltd.
(35 marks)
Question 2
Magic lived with his Mother, Clare in San Juan Trinidad. Magic is seeking to purchase an
I phone, but does not have the funds to do so. He is aware that his mom has a cheqing account
with Royal Agricultural Bank and the cheque book is always left on the dining table, in clear view
for all to see. On day, while his mom was at the grocery, Magic took a cheque leaf from his
mother’s cheque book, thereafter forged her signature, which he used to pay for his new I phone
at Digiphones Limited.
The cheque was subsequently sent to Royal Agricultural Bank to process, the CSR noticed the
inconsistencies in the signature and subsequently advised Clare of that fact. Clare initially refused
to accept the withdrawal on her account via the forged cheque and advised the bank that she will
not entertained any withdrawals on her account due to forgery. A few days later, the Bank
eventually discovered that Magic was the guilty party and thereafter threatened to prosecute Magic
via the criminal law, unless his mother Clare, approves the payment of the forged cheque from her
account.
Clare reluctantly agreed, to protect her son, but is concerned about the bank’s action of threatening
her to approve the forged cheque.
Advise Clare on this matter.
(35 marks)
Question 3
The Unemployment Program of the Government of Guava Land has several offices throughout the
country, ten (10) to be specific. At these offices, all the administrative matters of the Program are
administered, inclusive of payments to suppliers, payroll and Information Technology services.
There are several assets and confidential data on each compound, such as computer equipment,
filing cabinets, personal data and several pieces of furniture.
Within recent times, there were numerous burglaries’ at a number of locations, which resulted in
the loss of two million dollars’ worth in items. The Police are currently undertaking an
investigation to catch the culprits.
The Minister, who is responsible for the Program, mandated the Program to procure security
services for one year at each location. After a highly competitive procurement process, Big Trouble
Security Services secured the contract to provide security services at all of the locations.
The Unemployment Program and Big Trouble Security Services met on several occasions to
finalize the written contractual obligations. Finally, on March 31st 2022, they agreed on all the
terms of the contract and both parties duly signed. One of the agreed terms is that “Big Trouble
Security Services under no circumstances will be held liable for any unforeseen acts committed by
its officers during the provision of services to the Unemployment Program”
Raymond Tin Foot, a security officer from Big Trouble Security Services, was assigned to the
Harlem Office for the last six months for the 6pm to 6am shift. Raymond, who is also a resident
of the Harlem area, invited several of his friends during his shift, to socialize at nights, as a means
of passing the time. This involved the lighting of a fire as well as occasional drinking of alcohol
on the premises.
Big Trouble Security Services – Manager and Owner – Mr. Lazy, on one of his rear occasional
visits to the Harlem Site, saw what was going on at this office. He quietly told Raymond “to
please keep everything under control so that no one will know”. Mr. Lazy as per contractual
obligations must visit the site every night to ensure that the guards were performing their functions
efficiently and effectively. However, this has never been done, because Mr. Lazy treasured his
sleep very much. Additionally, Mr. Lazy did not want to take any affirmative action, because he
feared that Raymond might leave the job. Indeed, Big Trouble Security Services is having
problems recruiting security guards in this area and as such, if Raymond left the job there will be
no available guard for this location.
One night, while Raymond was cooking and consuming alcohol with his friends, he forgot to
extinguish the fire. They all fell asleep and subsequently the Harlem Compound of the
Unemployment Program was destroyed.
The Unemployment Program intents to sue Big Trouble Security Services for breach of contract
due to the negligence of their employee Mr. Raymond Tin Foot. However, Big Trouble Security
Services is seeking to rely on the following agreed term of contract, which excludes them from
liability, that is – “Big Trouble Security Services under no circumstances will be held liable for
any unforeseen acts committed by its officers during the provision of services to the Unemployment
Program”
Advise the Unemployment Program, whether or not Big Trouble Security Services can rely on the
above mentioned exclusion clause in the face of a fundamental breach of contract due to the
destruction of the compound.
(35 marks)
Note:
1. There are 3 questions in this assignment, each will be marked out of 35 marks.
2. You are required to use the DIRAC model to answer all problem questions.
 What is the issue?
 The Law on the issue.
 Application of the Law to the Issue.
 Conclusion
3. The practice of plagiarism is prohibited and attracts a penalty. The Open Campus has a stated
policy related to plagiarism which it expects students to understand and comply with. The Open
Campus utilizes the Turn it in software capability to recognize potential abuses of plagiarism.
Please view the details concerning plagiarism on the Quick Link in the left hand column of the
course page for the Undergraduate Student Anti-Plagiarism Policy, Office of the Board for
Undergraduate Studies.
4. Citation Requirements for this Course
APA and MLA and Harvard Style can be used in respect of Citations. You are required to
properly cite all material that you have reference, inclusive of case laws via footnotes. See
rubric below for further details.
Requirements

Your answers should include, an introduction, as well as a conclusion in respect of the
questions.



The requirement of Assignment #2 is between 2000 -3000 words for both
questions.
A bibliography containing all relevant citation in current APA format must be included.
Note the requirements of turnitin below.
Requirements of Turnitin is as follows.
You have to upload your assignment via Turnitin at the bottom of your dropbox as per
assignment.
Turnitin is an originality checking and plagiarism prevention service that checks your writing for
citation mistakes or inappropriate copying. When you submit your paper, Turnitin compares it to
text in its massive database of student work, websites, books, articles, etc.
You will have 5 ATTEMPTS to bring you Assignment to the 25% threshold.
When that is achieved, you must post to the web page under relevant Assignment.
You CI when grading, will review your Turnitin submissions, to ensure that the paper you
submitted under the Assignment meet the relevant requirements.
Similarity Index
Penalty marks from FINAL score
0-25%
No penalty
26-50 %
10% penalty
50% and above
Students paper will be sent to the PM for her
deliberations
Assignment 2 Rubric = …./100×35. Sum of the 3 questions /105 x 40.
Dimension
Introduction
(10 marks)
Analysis
(30 marks)
Excellent
The introduction
and objectives are
clearly stated.
Background and
context are clearly
articulated and
linked to objectives
effectively.
(10-8 marks)
Analysis is highly
relevant to the
assignment
requirements and
presented clearly
Good
The introduction
and objectives are
clear. Background
and context are
partially described
and mostly linked
to objectives.
(7-6 marks)
Satisfactory
The introduction and
objectives are clear
but the background
and context are not
well described nor
clearly linked to
objectives.
(5 marks)
Poor
The introduction is
vague. Background
and context are vague
or absolutely lacking
and there are no clear
links to objectives.
Analysis is
relevant to the
assignment
requirements but
is not always
Analysis is
somewhat relevant
to the assignment
requirements.
At times, the
Analysis is not
relevant to the
assignment
requirements.
Analysis is vague and
(0-4 marks)
and logically. Very
strong link made
between theory and
practice.
(30 -26 marks)
Case laws
(40 marks)
Conclusion
(10 marks)
(5 marks)
presented clearly
and / or logically.
Strong link made
between theory
and practice.
(25- 20 marks)
The Case laws
presented and
facts is relevant to
the assignment
(32-25 marks)
Conclusion is
clearly stated but
connections to
arguments and
positions are not
always clear and
relevant – some
aspects may not be
connected or
minor errors in the
underlying logic
are present.
(7-6 marks)
The Project is
generally well
organized and
mostly easy to
follow. There are
only a few minor
spelling and/or
grammatical
errors, and
technical terms are
not clearly defined.
Four or more
references were
used/ cited.
References were:
1. Appropriat
e for the
context of
the Project.
2. Were very
current
where
applicable
using
references
produced
(4 marks)
Three references
were used/ cited.
References were:
1. Mostly
appropriate for
the context of
the Project.
2. Were not
always current,
using
references
produced
during the last
6 years
3. Used mostly
The Case law
presented and facts
is highly relevant to
the assignment
(40 -33 marks)
Conclusion is
clearly stated and
connections to the
arguments and
positions are clear
and relevant. The
underlying logic is
explicit.
(10-8 marks)
Writing
(5 marks)
Referencing
(5 marks)
The Project is
coherently
organized and easy
to follow. There are
no spelling or
grammatical errors
and technical terms
are clearly defined.
analysis is not
clearly or logically
presented. Fair link
made between
theory and practice.
(19-15 marks)
The Case laws
presented and facts
is somewhat relevant
to the assignment
(24 -20 marks)
Conclusion is fairly
well stated and
connections to
arguments and
positions are
somewhat unclear /
irrelevant
(5 marks).
illogical. The link
between theory and
practice is unclear and
illogical or has major
errors.
(14 -0 marks)
The Case laws
presented and facts is
not relevant to the
assignment
(19 – 0 marks)`
Conclusion is very
poorly stated and the
connections to the
arguments and
positions are incorrect,
unclear, irrelevant or
presented without
explanation.
Underlying logic has
major errors.
(4-0 marks)
The Project is fairly
well organized and
somewhat easy to
follow. There are a
few minor spelling
and / or
grammatical errors
and technical terms
are not defined.
(3 mark)
Two references were
used/ cited
References were:
1. Somewhat
appropriate for
the context of
the Project
2. Were for the
most part,
outdated, using
references
produced during
the last 7 years
3. Used somewhat
effectively in the
The Project is poorly
organized and
difficult to read – does
not flow logically from
one part to another. It
is not easy to follow.
There are several
spelling and/or
grammatical errors;
technical terms are not
defined or are poorly
defined.
(0-2 marks)
Only one reference or
no references were
used/ cited.
References, if used
were:
1. Not appropriate for
the context of
Project.
2. Were for the most
part, outdated,
using references
produced during
the last 8 years or
more
3. Ineffectively used
3.
4.
5.
during the
last 5 years
Used
effectively
in the
Project.
Written
using the
latest APA
style
format
(5 marks)
effectively in
the Project.
4. Written using
the latest APA
style format for
the most part
(4 marks)
Project.
Written using
the latest APA
style format was
inconsistent
throughout
(3 marks)
4.
in the Project.
4. Not written using
the Latest APA
style.
(0-2 marks)