Unit Contract Law - Level 4

Assignment

You are a trainee solicitor in BL LLP. Your supervisor has asked you to advise on a number of contractual matters relating to one of the firm's clients, Mr Wilson.

1) Sale of paintings
Last year Mr Wilson inherited two paintings from his uncle. He does not particularly like the paintings and on Monday places the following advert in a local newspaper:
"For sale - two paintings, circa 1950's. Price negotiable"
The advert contains a photograph of each painting and Mr Wilson's email address.
Mavis sees the advert on Tuesday. She thinks that the paintings are by the famous artist Dale Salvadori and immediately sends an email to Wilson saying that she will pay £200 for both of them.
Wilson emails back on Wednesday morning saying that he will accept £200 per painting and that Mavis should communicate her decision to him no later than Friday morning.
On Wednesday evening, Wilson receives an email from Polly. It states that Polly will pay £500 for both paintings.
Wilson responds to Polly's email straightaway, saying: "It is a deal. They are yours"
On Wednesday evening he also sends an email to Mavis informing her that the paintings are no longer for sale. Mavis' email account is hacked on Wednesday morning and she cannot send or receive any emails. She sends a letter to Wilson on Thursday morning saying that she is happy to pay £400 for both paintings.
The letter is received by Wilson on Saturday morning. By this time Wilson has discovered that the paintings are by Dale Salvadori and refuses to sell them.
Both Mavis and Polly each claim that they have a valid contract with Wilson for the sale of the paintings.

Task
You need to produce written advice on each issue for your supervisor to consider in the cases of a) Mavis v Wilson and b) Polly v Wilson, using the information provided. You must ensure that you:
• distinguish between an offer and an invitation to treat
• identify and explain the legal rules applicable to the acceptance of an offer

2. Green Cottage and related matters

a) Wilson wants to open a boutique hotel. He buys Green Cottage for £300,000 and on 1 February hires a construction company Build It Perfect (BIP), to carry out the refurbishment.

Under the agreement, BIP needs to complete the work by 1 May for a fixed price of £50,000.
On 1 May BIP informs Wilson that they are experiencing financial difficulties and that unless he pays them an extra £20,000 they will not complete the work by the agreed date. Wilson is furious. If the work is not completed by 1July he will need to postpone the opening of the hotel and cancel the bookings. Therefore, he reluctantly agrees to pay BIP the additional £20,000.
BIP completes the work by 1 July.

Task
You must continue to provide written advice in the case of Wilson v BIP for your supervisor to consider.
In the written advice for Wilson v BIP, using the information provided you must ensure you:
• Assess the requirements for a valid consideration
• Analyse the development of the doctrine of duress
Your supervisor is pleased with your work to date and has set up a meeting with you to discuss certain points of law. You know that you must be prepared for this meeting as the supervisor will have high expectations of the discussion.
For a Merit grade make notes for the meeting which:
• Critique the significance of practical benefit as consideration

For a Distinction grade your notes must also:
• Assess the limitations of Williams v Roffey Bros (1991) in relation to a promise to accept less.
b) Wilson orders £30,000 for some new made to measure furniture for the boutique hotel from Dakia. Dakia is to deliver the furniture on 1 July. Dakia delivers the furniture on schedule but none of it is of the agreed dimensions. Wilson sends it back and wants Dakia to refund him the £30,000 he paid for it. Dakia refuses to refund him, bringing to his attention the following clause contained on the last page of their contract, which was duly signed by Wilson.

Clause 47 "No refund under any circumstances".
Wilson now finds a local company that can deliver furniture in time for the opening, but it only has sufficient furniture in stock to furnish three of the six bedrooms.
Wilson decides to go ahead with the opening despite the fact that only three of the rooms can be hired out.

Task
Your supervisor now wishes you to draft written advice to Wilson v Dakia for him to consider, In the communication you need to:
• Explain the difference between terms and representations
• Identify the sources of contractual terms
• Distinguish between conditions, warranties and innominate terms
• Examine the difference between breach of conditions, warranties and innominate terms
• Distinguish between liquidated and unliquidated damages
• Assess the aim of damages in Contract Law
• Compare and contrast the different measures used for assessing damages
In order to achieve a Distinction grade you must in addition:
• Analyse the Court's approach to interpretation and validity of exemption clauses
• Assess the amount of damages that can be claimed for a specific breach of contract

c) A day before the opening, he receives a booking request from Robert Milford for a two-night, all-inclusive stay.
When Robert arrives at the hotel, Wilson is convinced that he is the famous football player Ronald Messino, using an alias. At reception, Wilson has displayed a few antique items for sale. On checking out, Robert selects a vase from the display and asks whether Wilson is willing to take a cheque for it. Wilson says that although usually he does not take cheques, as he is a famous football star, he will accept a cheque. To this, Robert smiles and gives Wilson a cheque for £500. Wilson accepts the cheque and gives the vase to Robert.
When he goes to the bank to cash in the cheque, he is informed that the cheque is a forgery. Wilson manages to trace the vase to Kam who had paid Robert £700 for it and refuses to give it to Wilson.

Task
In the written advice to Wilson v Kam, using the information provided you must:
• Identify the elements of actionable representation
• Differentiate between fraudulent, negligent and innocent misrepresentation
In order to achieve a Merit grade you must in addition:
• Examine the remedies available for fraudulent, negligent and innocent misrepresentation
• Contrast the effects of misrepresentation and mistake on a contract
d) Two days before the hotel opens, Sandra who was contracted by Wilson to sing at the opening night, phones to say that she will not be performing because she has broken her leg and cannot travel. Wilson demands that Sandra returns the £2000 he paid to her for the performance.

Task
In the written advice for Wilson v Sandra you must ensure you:
• Explain the different ways in which a contract can come to an end
• Examine the doctrine of frustration

Unit Criminal Law - Level 4

Assignment

You are working for a law firm and have been asked to prepare notes on two potential criminal cases in advance of a meeting to discuss a way forward. You are also asked to produce some introductory information for two new paralegal employees who will be attending the meeting as part of their training. You should explain any legal terminology used.

Task 1 Introductory notes
The introductory information you have been asked to provide is about criminal law, punishment, prosecution and proof. Your notes should:
• Evaluate the aims of criminalisation of specific acts and the function of criminal punishment.
• Analyse the role of public prosecution and criminal standard of proof.

Task 2
Handley and Franks
Tom Handley was involved in a fight with Jared Mayton after visiting several pubs on Friday evening. Jared was badly beaten and later died from his injuries. The investigations suggest that Handley had been looking for Mayton to 'pay him back for stealing his girlfriend'. Alfred Franks, Tom's friend is said to have been encouraging the confrontation.
Both Handley and Franks have been arrested and are facing possible murder charges. Franks is also facing a common assault charge for threatening one of Mayton's friends who tried to come to his aid. Handley is saying he was too drunk to realise what he was doing and that Mayton threatened him first and he acted in self-defence.
Handley and Franks attempted to leave the scene in Handley's car with Handley driving (even though he was over the legal limit) but stopped when the car hit and knocked down Handley's ex-girlfriend as they were driving away. Franks claimed that she had run out into the road to stop Handley from leaving and that knocking her over was an accident.
You are required to write notes pertaining to the defence of Handley and Franks. You need to consider the basis for the potential murder charge and possible defences. In relation to the case, your notes should:
• Analyse the components of murder.
• Illustrate circumstances giving rise to voluntary and involuntary manslaughter.
• Assess the nature of non-fatal offences against the person.
• Assess the types of inchoate offences.
• Explain the meaning of assisting or encouraging crime.
• Examine specific and general defences.
• Illustrate the application of the self-defence rule.

For a Merit grade you must:
• Assess foresight as a mere evidence of intention.
• Distinguish between accomplices and secondary parties and derivative and inchoate liability.
For a Distinction grade you must:
• Critique the appropriateness of negligence as a form of mens rea.
• Evaluate deficiencies in existing rules and proposals for reform.
• Assess the impact of the Convention on Human Rights on defences.

Task 3
Bromley and son
Peter Bromley and his twelve-year-old son Mark were apprehended apparently breaking into and entering a property. At the time, Peter was standing outside a property and Mark was inside the property having climbed in through a window that had been forced open. Mark was disturbed by the owner and caught trying to escape by the back door after an unsuccessful attempt to threaten the owner into giving up his valuables. As far as the owner is aware, nothing was taken.

Peter was found in possession of a bag of tools which he says he 'borrowed' from an unlocked van parked outside the neighbour's house. Peter also says that he was confused having taken some strong painkillers prescribed for his back earlier in the evening and thought the house was his mother's house. He claims that having knocked and not had an answer, Mark climbed in through the window, which was already open, to check that she was alright.

Mark has a different story, he says his father forced him to enter the property having forced the window with a crowbar from the bag of tools, with the instruction to steal anything that looked valuable. Mark has learning difficulties and has a mental age lower than his actual age. Peter claims that because of his learning difficulties, Mark is quite mad and doesn't know what he is talking about.

You are required to write notes pertaining to the defence of Peter Bromley and his son, Mark. You need to consider the basis for charges that may be brought pertaining to theft of the tools, burglary and robbery, and possible defences. In relation to the case, your notes should:
• Explain capacity to commit a crime.
• Explain the components of property offences.
• Distinguish between lack of honesty under s.2(1) TA 1968 and dishonesty under common law.
• Compare and contrast robbery with burglary.
• Distinguish intention to commit crime from an attempt.
• Examine specific and general defences.
• Illustrate the defence of insanity, duress, mistake and involuntary intoxication.
For a Merit grade you must also:
• Evaluate the meaning of conditional intent.

Unit Legal Methods Level 4

Assignment
Task 1
Law lecture notes
You are employed in a law firm and have been asked to prepare notes on the law and legal system in the UK for a talk that one of the partner's has been asked to give to prospective law students. You should include relevant legislation and cases to illustrate your points where appropriate.
You need to produce a file of notes for the lecture. In the file you must:
• Distinguish between primary, secondary and delegated legislations.
• Explain the hierarchy within statutory sources and the case law.
• Explain the impact of the Human Rights Act.
• Illustrate the operation of literal, golden and purposive rules of statutory interpretation.
• Analyse the structure of the criminal and civil courts
• Analyse the role of the judiciary and the judicial appointment process.
• Analyse the function of the jury in criminal trials.
• Assess the duty and powers of the police.
• Assess the role of the Crown Prosecution Service.
• Examine the latest reforms to the civil justice process.
For a Merit grade you must:
• Analyse parliamentary and governmental efforts to widen access to the legal profession.
• Compare and contrast the benefits and drawbacks of the different types of alternative dispute resolution.
For a Distinction grade you must:
• Analyse the tension between secondary legislations and the principle of separation of power.
• Analyse social, political and economic causes of miscarriages of justice.

Case analysis
You are asked to prepare an analysis of a case and explain how judicial precedent works in the English courts. The case you need to analyse and refer to in this exercise is Alcock v Chief Constable of South Yorkshire Police (1992) which is a case related to the Hillsborough Stadium disaster in 1989.

In your case analysis you must:
• Explain the doctrine of judicial precedent.
• Distinguish between binding, non-binding and persuasive decisions.
For Merit grade you need to:
• Determine the ratio decidendi and obiter dictum from Alcock v Chief Constable of South Yorkshire Police (1992)

Task 3

Mooting exercise
In preparation for a mooting exercise, you are asked to analyse the following scenario applying relevant cases and statutory provisions:
Harry Pollard is a delivery driver for a builder's merchants. When delivering to a large construction site, he witnessed the collapse and subsequent fire in a building in which several people were working. He witnessed the incident from the site office and was not close enough to be in any physical danger but saw some horrific sights as people fell from the top of the building and were burned in the fire. Pollard has been off work sick since the incident and is making a claim for psychiatric harm against the construction company.
Your analysis must:
• Explain the importance of a bundle in mooting exercises.
• Analyse and apply relevant cases and statutory provisions to the scenario.
• Present the arguments for the parties involved in the given mooting scenario.
For a Distinction grade you must:
• Evaluate the claim and the defence, based on the given scenario.

Unit Public Law - Level 4

Assignment

You are required to discuss the following issues in relation to public law in the UK.

Task 1
Discuss the extent to which there is a constitution and separation of powers in the UK. In your answer, you must:
• Explain the history and origins of the UK constitutional system.
• Assess the role of the UK constitution.
• Evaluate the characteristics of the UK constitutional system.
• Explain the distinct roles of the legislature, the executive and the judiciary.
• Assess the significance of the separation of powers' principle.
For a Merit grade you must:
• Assess the significance of constitutional conventions in the UK. For a Distinction grade you must:
• Evaluate the extent of the UK constitution's adherence to the separation of powers' principle.

Task 2
Discuss the creation of legislation and the rules, structures and procedures that relate to parliament and the legislature in relation to UK law.
In your answer, you must:
• Illustrate the passage of an Act of Parliament.
• Explain the meaning of the 'royal prerogative'.
• Assess the limits of parliamentary sovereignty.
• Evaluate reforms to the judicial appointment system.
• Illustrate the impact of the Human Rights Act 1998 on the 'rule of law'.
• Explain the structure of the devolved powers in the UK.
• Appraise the extent of devolved powers of the Scottish Parliaments, Welsh Assembly and the Executive Committee of Northern Ireland.
• Appraise the scope and limitations of judicial review.
• Evaluate the procedural steps of judicial review.
• Distinguish between substantive breaches and procedural impropriety.
For a Merit grade you must:
• Appraise the extent of the parliamentary privilege.
• Appraise the boundaries between private and public law.

For a Distinction grade you must:
• Discuss the 'rule of law' in relation to natural and positive theories of law.
• Appraise the political advantages and disadvantages of the 'first past the post' system.

Attachment:- Unit tasks.rar