NATIONAL ECONOMICS UNIVERSITY
BTEC HND IN BUSINESS AND MANAGEMENT
Assignment Cover Sheet
NAME OF STUDENT
REGISTRATION NO.
UNIT TITLE
ASSIGNMENT TITLE
ASSIGNMENT NO
NAME OF ASSESSOR
SUBMISSION DEADLINE
Common Law
Take Home Assignment
1 of 2
Ho Thuy Ngoc
14th May, 2012
I, __________________________ hereby confirm that this assignment is my own work and not copied or
plagiarized from any source. I have referenced the sources from which information is obtained by me for this
assignment.
________________________________
_______________
Signature
Date
---------------------------------------------------------------------------------------------------------------FOR OFFICIAL USE
ASSIGNMENT GRADE
1
Unit outcomes
Outcome
Understand the
essential
elements of a valid
and legally binding
contract and its role in
a business context
Evidence for the
criteria
Assessor’s
decision
Feedback
Explain the
importance of the
essential elements
required for the
formation of a
valid contract
1.1
Discuss the impact
of different types
of contract
1.2
Analyse terms in
contracts with
reference to their
meaning and effect
1.3
Apply the elements
of contract in given
business scenarios
2.1
Apply the law on
terms in different
contracts
2.2
Evaluate the effect
of different terms
in given contracts
2.3
(1)
Be able to apply the
elements of a contract
in business situation
(2)
Merit grades awarded
M1
M2
M3
Distinction grades awarded
D1
D2
D3
2
Internal
Verification
Overall Comments By Assessor
Assignment
( ) Well-structured
Reference is done properly / should be done (if any)
Overall, you’ve
Areas for improvement:
ASSESSOR SIGNATURE
DATE
/
/
DATE
/
/
NAME: ........................................................................
(Oral feedback was also provided)
STUDENT SIGNATURE
NAME : .......................................................................
FOR INTERNAL USE ONLY
VERIFIED
YES
DATE
NO
VERIFIED BY : .........................................................
NAME
: .........................................................
3
/
/
Claim 1:
At 9.00 am on Thursday 13 August, Mary, a car dealer sends a telex to Austin offering
to sell him a rare vintage car for £ 50,000. Austin receives the telex at 9.15 am and
telexes his acceptance at 1.00 pm. Austin is aware that Mary’s office is closed for
lunch between 1.00 and 2.00 pm. On her return to the office, Mary does not bother to
check if she has received a telex from Austin and at 2.30pm receives an offer for the
car from Ford, which she accepts. At 4.00pm Austin hears from another car dealer that
May has sold the car to Ford. He is advised that it will cost him an additional £2,000
to buy a similar car and he immediately sends Mary another telex demanding that the
original car be sold to him. Mary receives this telex at 5.00 pm, at the same time as
she read the acceptance telex.
What are essential elements required for the formation of a valid contract? Explain the
importance of each? (1.1)
Using IRAC format to advise Austin of his legal position and what remedies, if any
are open for him? (2.1)
Claim 2:
Spacely Sprockets Pty Ltd enters into a contract with Cogswell Cogs Ltd to supply
machinery for £200,000. The contract is written and signed by both parties. One of
the terms of the contract states "in the event of any dispute both parties agree that
neither party will take any legal action against the other". After signing the contract
Cogswell Cogs cancels the order. Discuss whether Spacely Sprockets would have any
claim under Contract Law (2.1)
Claim 3
Niko borrows £1,000 from Scott and agrees to repay it, together with £100 interest, on
30 April, 1995. On 29 April, 1995, Niko tells Scott that he cannot repay the loan as
he has lost his job and his only asset is his computer worth about £900, which he is
using to help train for another job.
Scott suggests to Niko that he sell his computer. He tells Niko that he will accept the
proceeds in full settlement of the debt. Niko sells the computer for £950 and pays that
amount to Scott on 30 April 1995 in full settlement of the debt. Two weeks later,
Scott sues Niko for the balance of the debt.
Is Scott likely to succeed in his legal action against Niko? Give your reasons. (2.1)
Task 1
Explain the impact of different types of contract (1.2)
Task 2
4
Explain the differences among conditions, warranties and innominate terms with
examples to illustrate. (1.3)
Claim 4
Hoe purchased an airline ticket to travel to Perth. The ticket contained several terms
excluding the airline from any liability for any loss that may occur to the passenger's
luggage during the time that it is out of his/her possession. On arriving at the airport
Hoe handed over his luggage for inclusion on his flight. Before Hoe's luggage was
loaded on the plane, an airline employee cut open the bag and stole the valuables
inside. The employee then threw away the bag. Hoe was upset when he arrived in
Perth and discovered the loss of the bag. He seeks your advice as to whether he can
sue the airline despite the exclusion on the ticket. (2.2)
Claim 5
Greg owns a factory which operates 12 hours a day for 7 days a week producing
lollies. In the factory there is a large mixing machine which is used to mix all the
ingredients for the lollies. It is a very special piece of equipment and is the only such
machine in the factory.
One afternoon there is an electricity surge and the mixing machine breaks down.
Greg gets the repairer out immediately and is told that the motor will have to be taken
away for repairs. Greg tells the repairer that this is the only mixing machine he has,
and that without it he will not be able to run the business. The repairer promises that
the motor will be back to Greg in 4 days.
In the end the repairer takes 9 days to repair and bring back the motor.
(a)
(b)
Advise Greg of any rights he has against the repairer in contract law
Would your answer be different if Greg told you that he had received a special
order for lollies which he was going to meet by running the factory for an extra
6 hours a day for 3 days? This special order was worth $2,5000 to Greg in
profit, but because the repairer was 5 days late Greg missed out on the order.
Discuss.
(2.3)
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GRADING
Pass
is achieved by meeting all the requirements defined in the assessment criteria.
Merit
Identify and apply strategies to find appropriate solutions. (M1)
Characteristics / Possible Evidence – Identify different elements of valid and
binding contract using of relevant theories and techniques in the given
situation.
Select and apply appropriate techniques. (M2)
Characteristics / Possible Evidence – Select and apply appropriate legal rules
using of various case examples related to given situations.
Present and communicate appropriate findings (M3)
Characteristics / Possible Evidence – An appropriate structure and approach
has been used to prepare a legal report. Using a range of case examples widely
related to given claims.
Distinction
Use critical reflection to evaluate own work and justify valid conclusions (D1)
Characteristics / Possible Evidence – creation has been used to generate and
justify valid comments on related to essential elements of a valid contract and
specific terms in a business contract.
Common Skills Grading
To achieve a PASS, student’s answers should display receive and respond to a variety of
information, legible and neat written of work, different sources of information used widely
and use technological equipment to aid problem solving.
To achieve a MERIT, student’s answers should display clear and appropriate respond to
variety of information, legible, clear and neat written of work, clear variety of information
sources used and confident in using equipment and gained knowledge from use of equipment.
To achieve a DISTINCTION, student’s answers should display clear understanding, further
research undertaken; work is well structured with evidence of planning, wide range of
information sources used and willingness to use a variety of equipment to find best solution.
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PRESENTATION
1. The assignment should have a cover page that includes the assignment title,
assignment number, course title, module title, Lecturer/tutor name and student’s
name. Attach four pages from 1 to 4 of this assignment with your report and leave
them blank for official use.
2. Ensure that authenticity declaration has been signed.
3. Content sheet with a list of all headings and page numbers.
4. A fully typed up professionally presented report document. Use 12 point Arial or
Times New Roman script.
5. Your assignment should be word-processed and should not exceed 2,000 words in
length.
6. Exhibits/appendices are outside this limit.
7. The assignment should be not contain a bibliography – but should contain a list of any
references used in the assignment.
NOTES TO STUDENTS

Check carefully the submission date and the instructions given with the assignment.
Late assignments will not be accepted.

Ensure that you give yourself enough time to complete the assignment by the due
date.

Do not leave things such as printing to the last minute – excuses of this nature will not
be accepted for failure to hand-in the work on time.

You must take responsibility for managing your own time effectively.

If you are unable to hand in your assignment on time and have valid reasons such as
illness, you may apply (in writing) for an extension.

Failure to achieve a PASS grade will results in a REFERRAL grade being given.

Take great care that if you use other people’s work or ideas in your assignment, you
properly reference them in your text and any bibliography.

NOTE: If you are caught plagiarizing, you could have your grade reduced to
zero, or at worst, you could be excluded from the course.
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