All Categories of Degree Level Law

Question: CONTRACT 1 ASSIGNMENT 1 TASK 1 Mrs. Turner has decided to start her own business running a private day nursery. It is necessary for her to find appropriate premises. She sees a detached house, which would be appropriate, on the market for £200.000. After having viewed the property she decides to make a bid for the property for £150.000. The sellers state clearly however that they will only accept £180.000. Mrs. Turner then sees another property on the market for £250.000. She offers the asking price for this and it is accepted \'subject to contract.\' However, a week later the sellers of the first property contact Mrs. Turner again stating that they have reconsidered and are now happy to accept her bid for £150.000. Your supervisor has requested that you research the relevant issues and compile a report for her attention which, outlines your findings. TASK 2 Mrs. Turner has now purchased a suitable property and is now purchasing the necessary items required to run her nursery. She looks on a web-site and sees cots and highchairs advertised for sale by a company named Babies R Us. A discount was available when items were bought on bulk. Mrs. Turner e-mailed Babies R Us, on the 1st October 2003, requesting twenty cots and twenty highchairs, requesting a reply by the 21st November 2003. She received a reply by post, confirming the order, on the 1st December 2003. This was postmarked 20th November. However, on the 30th November, Mrs. Turner had assumed that Babies R Us were unlikely to reply and therefore, entered into a contract with a rival company. Mrs. Turner has made an appointment to see you to gain advice relating to the above problem. Equally, she would appreciate some advice relating to the formation of contracts by e-mail. TASK 3 Mrs. Turner\'s nursery has now opened and has recruited well. She is concerned as to the different types of liabilities, which she may be affected by during the course of her business and would appreciate it if you could write to her regarding this. Explain the different types of liabilities and along with examples.

Answer: To establish whether or not Mrs Turner has entered into two contracts first off all we have to look at what makes a contract and what type of offer was made to her and whether or not she accepted it. A contract is an agreement that is legally enforceable at law, whoever breaches the contract can be sued or monetary compensation or be force to carry out the contract. For contract to be binding th......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: TORT LAW ASSIGNMENT 2 TASK 1 Selma visited the firm yesterday to request advice. Yesterday she parked her car in front her neighbours house. She was not obstructing any driveways and there was certainly nothing to prevent her from parking there. The following day Selma observed that a wheel clamp had been placed on her car. It was accompanied with a note which stated that the wheel clamp would only be removed on the condition that she did not park there again. Selma also believes that her neighbour has stolen plants from her garden and put rubbish on her land. Prepare a report on the relevant legal issues for your senior partner Discuss the tortious liability of Selma\'s neighbour considering in particular the offences of trespass. TASK 2 Mr Mohammed if also requesting advice. He recently bought a house and was informed by the surveyor that it was structurally sound. It now transpires that the house is subsiding. Mr. Mohamed purchased the house without the aid of a mortgage so he personally instructed the surveyor. Write a letter to Mr. Mohammed making sure it includes consideration of the following points. (a) Could Mr. Mohammed claim for negligence? (b) Is there any other area of law other than tort at which he can make a claim? If so advise which course of action he should take providing reasons for your answer.

Answer: TASK 1 Introduction: Below I have compiled a report outlining legal issues on Selma circumstances. Discussing the tortious liability and particularly on the offence of trespass and nuisances. What is a tort? A tort is a civil wrong, the definition which is quoted by Winfield on what is a tort: “Tortious liability arises from the breach of a duty primarily fixed by law; such duty is toward......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CONSUMER LAW ASSIGNMENT 2 TASK 1 Krafty Kitchens Ltd have a showroom in the centre of Barrogate. Its front window is emblazoned with a notice stating \" We sell the cheapest kitchens in Barrogate\" Memoona visits the showroom and sees a kitchen that she likes but she is concerned as to whether it is made of mahogany since she knows that this is in fashion at the moment. She is shown round by Alison who assures her that the kitchen units are made out of mahogany. On the wall of the showroom there is a notice stating \"Krafty Kitchens Ltd cannot guarantee the accuracy of statements about the composition of kitchen units\" Memoona buys the units and when she discovers that they are not in fact made of mahogany and that there is another kitchen showroom selling units for a lower price she reports Krafty Kitchens Ltd to Barrogate Trading Standards. She is also aggrieved because she has been sent a bill for delivery of the kitchen units to her house and she thought that this was included in the price of the units. Write a memo to your head of department,Frank Conway, advising him as to any liability that Krafty Kitchens Ltd may have under the Trade Descriptions Act 1968 and Part III Consumer Protection Act 1987. TASK 2 Anita, Ben and Carol book a skiing trip to Switzerland with Bon Voyage Holidays. They book a chalet, which is advertised in the brochure as having three bedrooms, central heating and in convenient reach of ski equipment hiring facilities. They also book a flight with Easyfly but upon checking in at the airport they find that only 2 seats are available on this particular flight and therefore one of their number has to take a later flight. Upon their arrival they discover that the ski hire facility is 30 miles away. To make matters worse the chalet only has two bedrooms and the central heating has broken down. When they complain to Bon Voyage Holidays they are told that all branches had been informed to notify customers of the fact that there had been an error in the brochure and that this grade of chalet slept two rather than three people. Write a memo to Frank Conway advising him of any liability that Bon Voyage Holidays and Easyfly may have under the Trades Descriptions Act 1968.

Answer: Memo To: Frank Conway From: Date: Re: Trade Description Act 1968 and Part III Consumer Protection Act 1987 The Trade Description Act 1968 was created for four main offences, two of these relating to the misdescription of goods and two to the misdescription of services. The Trade Description Act prohibits the use of certain false trade descriptions by a person acting in the course of a trade or bus......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CONTRACT LAW CASE STUDIES File 1 Khalil has decided to purchase a brand new car for, .Sobia, on the basis that she spends five hours studying a day on her A\'level examinations Khalil has entered into a contract the garage so that he can collect the car the day before Sobia\'s birthday. He arranged for the car to be registered in Sobia\'s namg and the free insurance which was offered with the car has also been registered for the benefit of Sobia. The car was not ready to collect on the agreed dafe. Khalil has gone on holiday and Sobia, who has still not received the car, is attempting to enforce the contract on her own behalf. Can she do this? Prepare a report for the attention of the senior legal adviser stating the results of your research and the advice that you intend to give. The report should focus particularly on consideration, privity (including the effect of recent legislation) and intention. File 2 Gemma is 16, and is an ice skater and has signed an employment contract with a company that organizes dance shows and performances on ice. This will involve her travelling to various parts of the world on tour. She will be paid a reasonable amount and the contract stated that she will be supervised at all times by a supervisor and not allowed to socialise outside the dance group. Gemma\'s mother, Margaret, has called in for advice. She wants to know whether this contract is enforceable. Also, Margaret\'s husband Matthew, is recovering from a nervous breakdown. Is he free to enter into any contract without any restrictions?

Answer: Terms of reference: Below I have compiled a report stating the results and advice that I intend to give to Sobia on her current circumstance. Particularly focusing on consideration, privity and intention. Findings: For contract to be binding there must be four elements theses are offer, acceptance, consideration and intention to create a legal relationship. If any of the above is missing, then......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CONSUMER LAW ASSIGNMENT 1 TASK ONE Nazia is a student at Bradford College. Recently she bought an alarm clock from Price Right Stores. It cost twenty pounds but was not supplied with batteries. She uses it for several months without any problems. Nazia booked a holiday to Turkey and set the alarm to go off at 5 a.m. on the day of departure. The alarm doesn\'t work and she oversleeps by several hours. She ends up missing the flight and having to pay for another flight in order to reach her destination. She also bought a beaded evening bag from Price Right Stores for use at the Bradford College Ball. She is embarrassed when some of the beads fall off during the evening and the handle breaks. Write a letter to Nazia advising her of her rights and remedies in respect of Price Right Stores. Task Two Agatha Jones has been renovating her house in the hope of selling it in the near future. a) Aware of the high price of window installation she asks Jerry to fit the front of her house with new double glazed windows. Jerry is a teacher but does renovation and building work in his spare time.The work takes longer than she expected causing a lot of disruption and she is not happy with the price that she has been charged. After a few months she notices that some of the new PVC window frames has become yellowed and that the windows are prone to condensation. b) She is employing a firm called Do-it-all Decorators to decorate various rooms in her house. After three weeks she is concerned by the rate of progress made by the firm and the fact that one of the decorators has split paint on the living room carpet and scratched the surface of an antique Victorian dresser. She is not happy with the firm and wants to know what her legal position is. Task Two Write a letter to Agatha Jones advising her of her rights and remedies in respect of Do-it-All Decorators.

Answer: I am writing to you in regards to your inquiries regarding the alarm clock and the beaded bag from price right stores. From the information provided it is clear that you entered into a contract of sale of goods and this type of contract is defined under Section 2(1) in the Sales of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994 this is a contract whereby the seller transfers......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CONTRACT LAW CASE STUDY 2 ASSIGNMENT 1 Task one A band called \'The Illusionists\' are performing their first UK tour. They have decided to use Rochford Concert Hall (RCH), a newly constructed venue for their first night. Tabby, the main singer was informed by the manager that the hall would hold 2500 people and that the acoustics were suitable for their performance and that they should have no problems. However the managers didn\'t mention the fact that due to licensing matters, the concert had to come to an end by 11.00 p.m. The members of the band signed the contract of hire for the venue, and began to sell the tickets. They were pleased to hear that all 2500 tickets were sold very quickly. However, on the night of the concert, only 1800 were admitted onto the premises on the instructions of the local police due to health and safety reasons. The police also informed the band that even though the tickets displayed the finishing time of the concert as 1 .a.m, the licence of the venue only entitled them to be open until 11.00 p.m. This setback resulted in 700 people demanding their money back due to not being allowed entry on the night and a large percentage asking for some reimbursement as the concert finished earlier than had been advertised on the tickets. Tabby and the other members of the band are seeking advice from the firm. You have been instructed to write a letter to \'The Illusionists\' on the following issues. a) Whether there was a duty to disclose information related to the licence of the premises? b) Did the manager\'s comments amount to misrepresentation? c) Are there any remedies available to the band? Task two Ahmed owns a gallery. He felt that the gallery needed a makeover and decided to refurbish. In order to do this he went to see Catherine, a local antiques dealer. He shared his ideas for the gallery with Catherine and informed her that if possible he was looking for some eighteenth century chairs by the \'Goya Brothers\'. Catherine showed him a variety of furniture and he saw some chairs which looked identical to those he was after. He told Catherine that he believed these were the chairs and would like to buy them. Catherine didn\'t say anything but was aware that they were not genuine. However she sold them to him nonetheless. Due to the refurbishment, Ahmed has just had the contents of the gallery re-valued for insurance purposes, but discovers that the chairs are very good copies and is advised to insure them for £50 each rather than the £2000 each he believed them to be worth. He is disappointed and has asked the firm for some advice. He is hoping to return the chairs and have his money refunded. The senior partner has asked you to write a report on the following issues. a) Whether there is an operative mistake? b) Would it have made any difference if Catherine was unaware of his mistake and also believed that they were the original chairs? What effect, if any would Ahmed\'s mistake have on the contract?

Answer: TASK 1 Regarding: Mistake Introduction: Below I will advise Ahmed in order to assist him on his current circumstances. Findings: Vitiating factors Even where a contract meets the four requirements it may not be binding if at the time the contract was made their where certain factors were present which means there was no genuine consent. They are known as vitiating factors. If there is a vi......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: TORT LAW ASSIGNMENT 1 TASK l Mr. and Mrs. Duckworth are the proprietors of a hotel in Weatherfield. One of their former guests Peter Barlow checked out of the hotel last week, but Mr. & Mrs. Duckworth discovered that he had stolen a number of items from the hotel room, for example table lamps and coffee tables. Also he had disturbed other guests when he returned to the hotel intoxicated one evening. Mr. & Mrs. Duckworth decided he is no longer welcome at the hotel and informed him of this. Despite this Mr. Barlow walked into the hotel last week and attempted to book a room. Mr. and Mrs. Duckworth refused and on his way out Mr. Barlow tripped on a loose wire and sprained his ankle. Mr. Barlow has informed the Duckworths that he will be taking action against them for occupiers liability. Mr. and Mrs. Duckworth have requested advice relating to this. Can they really be sued when they made it clear to Peter Barlow that he was no longer permitted on the premises? Your supervisor has requested you write a report relating to this. TASK 2 Mr. and Mrs. Duckworth employ a number of people at their hotel. Last week the chef, Betty Turpin was particularly busy and asked the waiter, Todd Grimshaw, for assistance. Due to confusion in the kitchen Betty accidentally used sour milk in the sauce she was making. Also, Todd gave food containing dairy products to Norris, a customer with an allergy to dairy products. The Duckworths were aware of his condition and had assured Norris that his dietary requirements would be catered for. Another customer suffered food poisoning it is thought due to the food cooked with sour milk. The Duckworths have requested a letter clarifying the situation. Your supervisor has requested you write a letter to the Duckworths advising whether they will be liable for the actions of their employees. Explain what strict liability is and explain whether this applies to them. TASK 3 Mr. Duckworth visited your office yesterday to ask whether the behaviour of Todd Grimshaw could be his responsibility. He is often playing practical jokes and yesterday deliberately tripped up Betty in the kitchen who was carrying hot water at the time. Both members of staff were burnt and Betty is suing Mr. Duckworth as she feels it is his responsibility to employ competent staff. Your supervisor has requested you write her a memorandum explaining how you think the law applies to this scenario.

Answer: TASK 1 Re: Peter claiming for injuries sustained on the premises and liability of Duckworth’s Introduction: I have compiled a report in regards to the present circumstances of Duckworth’s. I have commented on the position of Peter regarding to the law suet for injuries sustained on the Duckworth’s hotel. I have explained the Duckworth’s position in regards to liability. Who’s the o......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ENGLISH LEGAL SYSTEM ASSIGNMENT 2 TASK 1 Memorandum To: Mrs Braun From: CC: Law suet from Betty Date: Re: Changes to legal service in England

Answer: The English legal profession is divided into two sections: 1- Solicitors 2- Barristers In England and Wales there are over 80,000 solicitors, who are governed by the Law Society who supervise the training and discipline of the solicitors and represents the profession. Solicitors have traditionally done advocacy work in the magistrate’s court and the County Court but not in the High Courts.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ENGLISH LEGAL SYSTEM ASSIGNMENT 1 Role You are employed as a trainee solicitor with Singh & Co who specialise in criminal work and also civil work. Scenario 1 David has been arrested by two police officers, Smith and Jones, as he was running out of a house belonging to Mrs Kitchener, a rich old lady. He had just burgled the house. (The crime of burglary is an arrestable offence.) When they arrested him, the officers told him that he had no right to remain silent. The officers took him down to the police station for questioning. On their arrival, David asks the custody officer if he can call his brother to tell him what has happened. The custody officer refuses to allow him to make the call and David is not allowed to see a solicitor. The investigating officer, Sergeant Bruce, starts to question David about the incident without taking any record of the interview. After leaving the station, PCs Smith and Jones go round to Mrs Kitchener\'s house to search for evidence without a warrant. They think that they might find David\'s fingerprints on the door and window. David is charged with burglary. Taskl Referring to the Police and Criminal Evidence Act 1984 in your answer, prepare a report advising David on all the points below: a. were the officers right to arrest him without a warrant ? b. does David have a right to remain silent ? c. what might happen in his trial if he did remain silent ? d. was the custody officer right not to allow David to make a phone call ? e. was the custody officer right to refuse to allow David to see a solicitor ? f. was Sergeant Bruce right not to tape record the interview with David ? g. were the officers right to search Mrs Kitchener\'s house without a warrant ? h. in which court might David\'s trial be held ? Describe the appeal route open to David if he is unhappy with the outcome of the trial. Scenario 2 Mr Sands has been approached by another client, Julia Jones, who recently sustained whiplash injuries during a car accident. Miss Jones wishes to make a claim through the civil courts. However, before Mr Sands proceeds with giving Miss Jones any advice, he has asked you to prepare a report outlining the main changes made by the Woolf reforms. He also tells you that there are two conflicting cases which will affect Miss Jones\' legal position. One is a case decided in the High Court in 1981, and the other was a Court of Appeal case in 1995. Task2 Write a report discussing the main changes made by the Woolf reforms of the civil court system and what difference they have made to people using the civil courts. Mr Sands also asks you to name the source of law which comes from decided cases, and give your opinion (with reasons) on which of the two cases will be followed by the court in Miss Jones\' case.

Answer: TASK 1 Introduction: Below I have compiled a report outlining my findings that will assist David on his current circumstance referring to the Police and Criminal Evidence Act 1984. Findings: Police and Criminal Evidence Act 1984: Arrest: Arrest is where people can be detained against their will. If the arrest is carried out according to the law then it is lawful. Person can be arrested wit......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CONTRACT LAW CASE STUDY 2, ASSIGNMENT 2, TASK ONE Barry is a retired lorry driver who has just set up his own distribution service called \'Deliveries R Us\'. Pencilbox PLC, his first customers, want to use Barry\'s service to deliver stationery to some of their retail outlets. They reached an agreement and a contract was signed whereby Barry would deliver \'a minimum of 3000 boxes of stationery for Pencilbox over the next 12 months. \' The contract was to commence on the 1st April. No maximum figure was specified in the contracts and a delivery charge of £1.00 per box was laid down by Barry. Barry expected to deliver a higher amount than the minimum specified and so decided to take out a bank loan in order to upgrade his existing fleet of lorries. However six months later, Pencilbox pic wanted to renegotiate the delivery charge threatening immediate withdrawal unless the charge was reduced to 50p per box. They also told him that they wanted him to enter a three year contract with \'Gadgets Ltd\' a subsidiary of Pencilbox pic or they would terminate their business arrangement with his distribution service. Barry has found that his distribution service hasn\'t been as busy as he believed it would be and so agreed to the new arrangements as he didn\'t want to lose their custom even though he was aware he would be making a loss on the contract with Gadgets Ltd. Barry has asked for your advice. You are a junior partner of Patel and Brown Solicitors and have been asked by your senior to write a report on whether he can claim the lost monies for every delivery he made on the grounds that the modification made to the contract was due to improper pressure. TASK TWO You have been asked to write a letter to the following client, Julia. Julia, a partially sighted invalid, jointly owns a home with her husband Charles. The family home has been mortgaged to Braddale Building Society. Over the last year, Charles has been experiencing great losses in his business and has failed to meet a number of mortgage repayments. Due to this the building society has started proceedings against the couple. As they don\'t want to lose possession of the house, Charles and Julia have approached their bank, Rochford Bank Pic and hope to refinance the mortgage. The loans manager, Mr Credit, arrived at their home with important documents and papers regarding the loan. Julia was not happy with this and told Mr. Credit that her husband\'s business wasn\'t doing well and that she strongly believed it would carry on making a loss and in view of this she was not going to sign any documentation that covered Charles\' business liability. Mr. Credit assured her that the papers didn\'t cover any business liability and that if she didn\'t sign there would be danger that she would lose her home. He was so persistent that she signed. Julia hesitantly asked for the documents to be fully explained to her again as she was unable to read the documentation because of her disability. Having heard the explanation she reluctantly signed the papers. Julia has now discovered that the documents not only cover a mortgage relating to the house but also cover Charles\' business debts . Julia is very worried as the bank is insisting on enforcing the agreement. Your letter of advice should cover the following. 1. Discuss grounds on which Julia might avoid the contract and whether any remedies are available. 2. Would the situation be different had Julia taken independent advice and then entered the agreement. TASK THREE Catherine is employed as an accountant at \'Cash and Co.\' and based in a firm in Bradford. She has worked there as an employee for 6 years and her original contract of employment prevents her from working as an accountant within 60 miles of Bradford if and when she left the firm. After a successful interview, she has received a lucrative offer from a firm of accountants in Leeds where she would be employed in a higher position. She resigns and commences her new employment. \'Cash and Co.\' have sent her a letter stating that are going to take matters further as she has breached her contract of employment. You have been asked to write a memorandum to Catherine to outline her position regards her previous employment contract.

Answer: TASK 1 Regarding: Duress Introduction: Below I have written a report concerning Barry on his current circumstances. Findings: Duress For a contract to be binding the parties must voluntarily consent to it. Therefore if one party is forced to make the contract by violence or the threat of violence then this is common law duress and renders the contract voidable. Traditionally the common la......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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