BUSINESS FACULTY

Course Study Guide

201314

International Business Law

LAW-1189

Contents

1.

WELCOME

2.

INTRODUCTION TO THE COURSE

2.1 AIMS
2.2 LEARNING OUTCOMES
2.3 LEARNING AND TEACHING

ACTIVITIES

3.

CONTACT DETAILS

4.

COURSE CONTENT AND DESIGN

4.1 PLANNED TERM DATES:
4.2 MODULAR SESSION PLAN
4.4 SESSION REQUIRED READING

5.

ASSESSMENT DETAILS
5.1 SUMMARY OF ASSESSMENT
5.2
DETAILED DESCRIPTION OF

6.

ASSESSMENT

OTHER DETAILS

Law1189, International Business Law 2013-14

1. Welcome
Welcome to study at the University of Greenwich Business School and a particular welcome
to the course International Business Law (LAW-1189).

This course makes students aware of the legal risks faced by businesses who want to
operate globally. It introduces the national, regional and international legal frameworks
that have been established to deal with such risks. It touches upon law making processes
with the UK, EU and at the international levels, and how law making at EU and national
levels impacts businesses operating within and from the UK. This discussion also extends
to examining the need and operation of dispute resolution mechanisms other than
litigation. Thereafter, the module deals with contract law that underpins most business
activities across the world. However, the focus here is on English law. It provides
knowledge about the differences between a legally binding contract and a mere
agreement, the elements of a
legally binding contract and remedies available when
contractual obligations are not fulfilled. It also assesses the impact of consumer legislation
with the UK and at EU that affects the operation of contract law. Beyond contract law, the
subject introduces the legal framework that espouses non contractual liability for defective
goods and services under the tort of negligence. It is followed by introduction and
evaluation of various types of legal business organisations that operate today. It
specifically focuses on the idea of limited liability companies, with which the course comes
to an end.
All such subject matter is covered with the aim of to introduce students to the legal
systems of different countries and communities; to develop student knowledge and
understanding of how companies interact within global legal and commercial framework; to
examine the various aspects and context of International Business Law and provide
students with a sound knowledge and understanding of the substantive principles and their
application to a wide variety of situations; to provide students with the opportunity for in
depth analysis of major areas of international business law and to stimulate dialogue rather
than passive receipt of wisdom; to enable students to understand the relationships which
exist between various interested parties operating within and outside the company and
how conflicts of interest are reconciled; to acquaint students with the nature and causes of
problems within global commercial and industrial environment and how to respond
appropriately.

For any queries about the running of this course please dont hesitate to contact me.

Ms. Nilanjana sensarkar

Email [email protected]

Law1189, International Business Law 2013-14

2. Introduction to the Course

Today's commercial world is increasingly underpinned by legal uncertainties. International
Business Law aims to make students aware of these uncertainties and the related legal
regime that tries to deal with them. This course offers a broad canvas within which the
complexities associated with the legal environment for a business is comprehended.

2.1 Aims
The aim of to introduce students to the legal systems of different countries and
communities; to develop student knowledge and understanding of how companies interact
within global legal and commercial framework; to examine the various aspects and context
of International Business Law and provide students with a sound knowledge and
understanding of the substantive principles and their application to a wide variety of
situations; to provide students with the opportunity for in depth analysis of major areas of
international business law and to stimulate dialogue rather than passive receipt of wisdom;
to enable students to understand the relationships which exist between various interested
parties operating within and outside the company and how conflicts of interest are
reconciled; to acquaint students with the nature and causes of problems within global
commercial and industrial environment and how to respond appropriately.
Such aims are reached by introducing the students to legal risks faced by businesses
who want to operate globally. It introduces the national, regional and international legal
frameworks that have been established to deal with such risks. It touches upon law
making processes with the UK, EU and at the international levels, and how law making at
EU and national levels impacts businesses operating within and from the UK. This
discussion also extends to examining the need and operation of dispute resolution
mechanisms other than litigation. Thereafter, the module deals with contract law that
underpins most business activities across the world. However, the focus here is on English
law. It provides knowledge about the differences between a legally binding contract and a
mere agreement, the elements of a legally binding contract and remedies available when
contractual obligations are not fulfilled. It also assesses the impact of consumer legislation
with the UK and at EU that affects the operation of contract law. Beyond contract law, the
subject introduces the legal framework that espouses non contractual liability for defective
goods and services under the tort of negligence. It is followed by introduction and
evaluation of various types of legal business organisations that operate today. It
specifically focuses on the idea of limited liability companies, with which the course comes
to an end.

2.2 Learning Outcomes

On completion of this course students will be able to analyse domestic and international
legislation in the context of international business operations; understand contract law
which forms the basics for any business transactions; examine arenas other than contract
law wherein businesses may be liable for defective goods and services; and critically

Law1189, International Business Law 2013-14

compare and contrast various types of business entities that to get an informed opinion
regarding the types of legal business one can opt for. Study of such content through self
study, coursework and tutorial participation is aimed to provide students with the research
and analytical skills to appreciate complex legal issues, and provide an informative legal
advice in given circumstances.

2.3 Learning and teaching activities

The subject is delivered through lectures and tutorials. Tutorial exercises include in class
examination of significant case laws, creation of concept maps, writing letters to friends
and peer-to-peer analysis of important concepts and underlying policy issues. To fully
participate in such exercises the students are required to pre-read relevant topics from
the reading list and attempt some tasks at home. Attempting these formative and
summative courseworks will invariably involve researching issues using complex online
databases and journals like Westlaw UK, Oxford Journals, Lawtel, JSTOR, Casetrack
Academic, Cambridge Journals and Digital Archive; establishing the capacity to think,
identify potential legal issues and present arguments (both verbally and in writing) as a
person who is aware of the relevant law.

Law1189, International Business Law 2013-14

3.

Contact Details

Course Leader:

Room

Email address

Phone number

QM 258

[email protected]

0208 3318465

QM240

[email protected]

0208 3319055

[email protected]

0208 3319835

Ms. Nilanjana sensarkar

Programme
Coordinator:
Dr H Yakavenka

Riccardo De vita

KW231

Please see your programme handbook for more details

Law1189, International Business Law 2013-14

4. Course Content and Design

4.1 Planned Term Dates:
First Week (induction)
Term One Teaching block (university
weeks 2 13)
Bank Holidays:
University closed:
Examination Period (where relevant)
Term Two Teaching block (university
weeks 18-29)
Bank Holidays:
Examination Period (where relevant)
Resit Period (where relevant)
Bank Holiday:

16.09.13 20.09.13
23.09.13 13.12.13
25.12.13, 26.12.13, 01.01.14
from 12.30pm 24.12.13,
reopens 02.01.14
06.01.14 10.01.14
13.01.14 04.04.14
18.04.14, 21.04.14
28.04.14 16.05.14
21.07.14 01.08.14
Monday 25 Aug.14

Please note these dates are correct at time of publication please check for
updates at: http://wwww.gre.ac.uk/students/term-dates-and-schedules/term-dates2013-2014

4.2 Modular Session Plan

TOPIC 1: Course Introduction
LEARNING OUTCOME for this module:
Student will be able to:
a) Understand the aims of the course
b) Understand how the course relates to other courses at this stage of the
programme and other stages
c) Understand the assessment requirements
EVIDENCE:
NA
ACTIVITY:

Week
W
beginning k
23/09/13

Session Title and Description

2 Lectur Course Introduction

e
Initial meetings, group allocation

Law1189, International Business Law 2013-14

RESOURCES:
Course Guide available on the Moodle site
DISCOURSE:
NA

Law1189, International Business Law 2013-14

TOPIC 2: Legal risks and the international business environment

LEARNING OUTCOME for this module:
Student will be able to:
1. Identify various legal risks faced by a company operating internationally; and
2. Comprehend the various national, regional and international legal frameworks that
deal with such risks;

EVIDENCE:
1. Critically think about legal risks that is involved in running or managing a business
internationally ; and
2. Get an overview of the legislation that operate to mitigate such risks
ACTIVITY:

Week
Wk
beginning
30/09/13

Session Title and Description

3 Lectur
Outline and discuss the legal risks faced by companies
e
operating in an international environment
Tutori In groups examine:
al
1. What are the sources of legal risks for businesses in foreign
locations? What steps can be taken to manage these risks?
SelfStudy

2. A weak national legal system is sometimes perceived as a

positive factor by firms, as they can feel assured that their
activities will face little scrutiny from national law enforcement
agencies. This is particularly the case in developing countries.
What are the risks of entering countries with this motive?

Palmer & Hartly: Chap. 5

Morrison: Chap. 5
Moodl Initial posting as described in evidence and discourse
e

Law1189, International Business Law 2013-14

RESOURCES:
Palmer & Hartly: Chap. 5

Morrison: Chap. 5
DISCOURSE:
Various types of legal risks faced by businesses and the related legislative framework

Law1189, International Business Law 2013-14

10

TOPIC 3: Meaning and Sources of Law

LEARNING OUTCOME for this module:
Student will be able to:

Discuss the meaning and role of law for a business environment

Examine the sources of law in the UK

EVIDENCE:
1. Understand the basic legal framework that regulates of the businesses within the
UK
ACTIVITY:

Week
W
beginning k
07/10/13

Session Title and Description

Examine the meaning of Law. Identify the sources of law within

the UK. Discuss the characteristics of the UK legal system
Quiz:
Lectur
1. Name the three main sources of English Law
e
2. Distinguish between EU regulations and directives
3. Name the stages through which a Bill will pass in Parliament
4. Name two kinds of delegated legislation
5. When may a precedent be binding?
Tutori 6. In what circumstances may a right of action be brought
al
under the Human Rights Act 1998?

Self- Adams: Chap. 2

Study
Palmer & Hartly: Chap. 5

Morrison: Chap. 5
Moodl Initial posting as described in evidence and discourse
e
RESOURCES:
Adams: Chap. 2 , Palmer & Hartly: Chap. 5 , Morrison: Chap. 5

Law1189, International Business Law 2013-14

11

TOPIC 4: Resolving Legal Disputes

LEARNING OUTCOME for this module:
Student will be able to:
1. Understand the UK court system;
DISCOURSE: Meaning and Sources of Law
2. Differentiate between the civil and criminal court processes;
3. Identify the dispute resolution mechanisms that are alternative to the litigation
process; and
4. Examine the merits and demerits of the litigation process and the other alternative
dispute resolution mechanisms.
EVIDENCE:
1. Identify various levels of the court system;
2. Differentiate between the civil and criminal court processes;
3. Compare and Contrast litigation and other alternative dispute resolution
mechanisms.
ACTIVITY:
Week
W
beginning k
14/10/13

Session Title and Description

5 Lectur
Introduction to the UK court system and Alternative Dispute
e
Resolution processes
Quiz:
1. Where will the proceedings involving the following parties
take place?
(a) Mr. Peters who is charged with manslaughter of pupils at St.
Martin's School.
(b) Bill Sykes, who wishes to appeal against his conviction for
murder.
Tutori (c) Polly Peachum, who wishes to appeal against her conviction
in the magistrates court for soliciting.
al
(d) Mr Micawber, from Coventry wishes to recover a debt of 200
pounds.
(e) Mr. Dombey, who is claiming 75,000 pounds against the
Great Western Railway Company for injuries caused when he
fell under one of its trains.
(f) Newman Noggs, who is claiming that he was unfairly
dismissed by Mr. Nickleby.
(g) Mr. Dorrit, regarding repossession of his house by The
Benevolent & Warmhearted Building Society.
Q2. How far is it true that most cases are best settled out of
court?
Self- Adams: Chap. 3, Palmer & Hartly: Chap. 5
Study
Moodl Initial posting as described in evidence and discourse
e

RESOURCES:
Adams: Chap. 3, Palmer & Hartly: Chap. 5

Law1189, International Business Law 2013-14

12

TOPIC 5: Contract Law-Introduction and main elements of a contract

LEARNING OUTCOME for this module:
Student will be able to:
1. Comprehend the operation of contract law on a daily basis;
2. Significance of contract law for businesses;
3. Identify the essential features of a valid contract.
EVIDENCE:
1. Understand the significance of contract law in every day life
2. Evaluate the implication of contract law for businesses
3. List the essential features of a valid contract
ACTIVITY:
Week
W
beginning k
21/10/13

Session Title and Description

6 Lectur
Introduction to contract law and discussion of the main
e
elements of a contract
See below

Tutori
al

Self- Adams: Chap. 4, Palmer & Hartly: Chap. 5

Study
Moodl Initial posting as described in evidence and discourse
e

Law1189, International Business Law 2013-14

13

RESOURCES:
Adams: Chap. 4, Palmer & Hartly: Chap. 5

DISCOURSE:
The role of contract law for businesses. The main elements of a contract.

Law1189, International Business Law 2013-14

14

Tutorial:You are the Managing Director of

one of the biggest online social networks.
Make a list of at least 10 potential
situations where you will need to consider
contract law when entering into business
relationships.

You are the Editor at a famous business magazine.

Make a list of at least 10 potential situations where
you will need to consider contract law when
entering into business relationships.

You are a Managing Director at a company that

produces its own branded products (computers,
laptops, mobile phones, music devices).
Make a list of at least 10 potential situations where
you will need to consider contract law when entering
into business relationships.

TOPIC 6: Contract Law-Main elements (cont)-Agreement and Offer

Law1189, International Business Law 2013-14

15

LEARNING OUTCOME for this module:

Student will be able to:
1. Identify and explain the requirements of the first two elements of a valid contract
2. Examine when an offer is terminated

EVIDENCE:
1. Differentiate between an invitation to treat and an offer
2. List the various ways in which an offer is terminated
ACTIVITY:
Week
W
beginning k
28/10/13

Session Title and Description

7 Lectur Explain what is consensus ad idem; what is and is not an offer

e

Quiz:
Tutori
Does an offer exist in the following circumstances?
al
1. Joshua puts a teddy bear wearing a price ticket in his shop
window.
2. Ruth distributes flyers stating 'Cheap Offer: 10% off the cost
of all our pizzas'.
3. Mary advertises a reward of 50 pounds for the return of her
lost bracelet.
4. Martha returns Mary's bracelet and then discovers that a
reward was offered.
5. Peter offered to sell his car to Esther for 3000 pounds; Esther
told him she would pay only 2500 pounds.

6. Elizabeth offered to sell her fridge freezer to Paul for 100

pounds. He asked her to give him three days to decide. The
next day she sold the freezer to Jacob.

Self- Adams: Chap. 4, Palmer & Hartly: Chap. 5

Study
Moodl Initial posting as described in evidence and discourse
e

Law1189, International Business Law 2013-14

16

RESOURCES:
Adams: Chap. 4, Palmer & Hartly: Chap. 5

DISCOURSE: Elements of an agreement and Offer for formulation of a valid contract

Law1189, International Business Law 2013-14

17

TOPIC 7: Contract Law-Main elements (cont)- Acceptance and Consideration

LEARNING OUTCOME for this module:
Student will be able to:
1. Define what acceptance of an offer means;
2. explain when an acceptance of an offer is effective;
3. Define consideration ; and
4. Examine instances when there is no valid consideration
EVIDENCE:
1. Examine the Postal rule for acceptance
2. Evaluate the difference between the adequacy and sufficiency of consideration

ACTIVITY:
Week
W
beginning k
04/11/13

Session Title and Description

8 Lectur
Explain the meaning and evaluate the consequences of
e
acceptance; explain the meaning of consideration and evaluate
instances when there is absence of such consideration.
Critically discuss:
You offer to buy a kilo of oranges from your local shop for 9p.
Nothing further is said, nor do you receive any written
correspondence. The next day, however, a kilo of oranges
arrives at your house from the local shop. Is there a valid
acceptance of the contract? Has there been a communication of
the acceptance?
Tutori
al

Self- Adams: Chap. 4, Palmer & Hartly: Chap. 5

Study
Moodl Initial posting as described in evidence and discourse
e
RESOURCES:
Adams: Chap. 4,5, Palmer & Hartly: Chap. 5

DISCOURSE:
Definition and meaning of a valid acceptance and consideration as elements of a
contract.

TOPIC 8: Contract Law-Main elements (cont)- Intention to create legal relations,

certainty and capacity to contract
LEARNING OUTCOME for this module:
Student will be able to:
1. Understand the requirements of Intention to create legal relations
2. Explain the requirements of certainty
3. Define what is meant by capacity to contract
4. Examine the capacity to contract by minors, and people who are mentally infirm
EVIDENCE:
1. Distinguish between social and commercial arrangements wherein Intention to create
legal relations may be present/absent.
2. Comprehend the consequences if a party has no capacity to contract
ACTIVITY:
Week
W
beginning k
11/11/13

Session Title and Description

9 Lectur
Intention to create legal relations, certainty and capacity to
e
contract
Examine the following situation:
Linda left school last year at the age of 16. she took a job as a
trainee kitchen assistant in a hotel. Her wages are 50 pounds a
week and she is required to give three month's notice to
terminate her employment.
She recently agreed to buy an Osaka motorcycle so that she
Tutori could spend more time with her boyfriend Malcom, who is mad
about motorcycles. She also signed a written agreement to buy
al
a one quarter share in a racing greyhound called Dingo.
Linda has now been offered a job a s a cook in a restaurant at
100 pounds a week, provided she can start immediately. She
has failed to pay for the motorcycle or the share in the Dingo.
Advise Linda
Self- Adams: Chap. 5,8; Palmer & Hartly: Chap. 5
Study
Moodl Initial posting as described in evidence and discourse
e

RESOURCES:
Adams: Chap. 5,8; Palmer & Hartly: Chap. 5

DISCOURSE:
Comprehend the meaning of Intention to create legal relations, certainty and capacity
to contract

TOPIC 9: Contract Law: Privity to Contract, Express and Implied Terms

LEARNING OUTCOME for this module:
Student will be able to:
1. Understand the principle of privity of contract
2. Identify and distinguish between express and implied terms
3. Comprehend the meaning of conditions, warranties and innominate terms
4. Explain the meaning of exclusion clauses and evaluate the consequences of their
incorporation into a contract
EVIDENCE:
1. Determine whether a third party has any rights/obligations vis-a-vis contract
2. Comprehend the significance of distinction between various types of contractual
terms
3. Review whether operation of exclusion clauses can be excluded from a contract
ACTIVITY:
Week
W
beginning k
18/11/13

Session Title and Description

10 Lectur
Contract Law: Privity to Contract, Express and Implied Terms
e
Write a letter to a friend and critically discuss amongst peers:
Is it true to say that the doctrine of privity of contract is
redundant since the Contracts (Rights of Third Parties) Act
1999?

Tutori
al

Self- Adams: Chap. 5,6

Study
Moodl Initial posting as described in evidence and discourse
e

RESOURCES:
Adams: Chap. 5,6
DISCOURSE:
Privity to Contract, Express and Implied Terms

TOPIC 10: Contract Law: Discharge of contract and Remedies

LEARNING OUTCOME for this module:

Student will be able to:
1. Explain the various ways to discharge a contract
2.Evaluate the impact of breach of a contract
3. Comprehend the remedies available for breach of contract
EVIDENCE:
1. List the four ways of discharging a contract
2. Identify when breach of contract occurs
3. Distinguish between common law, equitable and statutory remedies for breach of
contract
ACTIVITY:
Week
W
beginning k
25/11/13

Session Title and Description

11 Lectur
Contract Law: Discharge of contract and Remedies
e
Q1. Critically Examine:
' When a party has a right to terminate a contract for breach is
far from clear and should be clarified'.
Q.2 Aaron has booked tickets to attend an event at Highplace
Hall. The event is to include a tour of the grounds and a meal in
the hall, followed by a concert featuring the famous pianist,
Tutori Claudio Quays. Is the contract frustrated if:
al
(a) on the day before the event, Highplace Hall suffers a fire,
and is badly damaged. The grounds are still open, but the Hall
is closed, so that the meal and concert cannot take place, or
(b) on the day before the event Claudio Quays sprains his wrist
and is unable to perform. The concert is cancelled.
Self- Adams: Chap. 9
Study
Moodl Initial posting as described in evidence and discourse
e

RESOURCES:
Adams: Chap. 9
DISCOURSE:
Ways in which a contract can be discharge and associated Remedies

TOPIC 11: Tort of Negligence

LEARNING OUTCOME for this module:
Student will be able to:
1. Define a tort and explain how it differs from contract
2. Explain elements of a tort
3. Discuss defences in tort
4. Examine tort liability for goods and services
5. Examine liability for defective goods and services under the Consumer Protection Act
1987
EVIDENCE:
1. Comprehend the significance of torts vis-a-vis contracts
2. Examine the elements required for the tort of negligence.
ACTIVITY:
Week
W
beginning k
02/12/13

Session Title and Description

12 Lectur
Tort of Negligence
e
I. Quiz:
1. what must a claimant in an action for negligence prove?
2. in an action for negligence, what factors are important to
prove duty of care?
3. What circumstances may bring a duty of care for defective
Tutori goods to an end?
al
4. Basil buys a pork pie from Tarragon Stores. The pie was

manufactured by Marjoram Foods. Basil shares the pie with

Rosemary and they both fall ill. What are the civil law rights of
Basil and Rosemary?
5. What are the main differences between liability for
negligence and liability under the Consumer Protection Act
1987?
II. Read the case of Piper v JRI (Manufacturing) Ltd (JRI) (2006
EWCA Civ 1344), and examine the following:
(a) Who else might Mr. Piper consider claiming from?
(b) Which tort would his claim be based on?
(c) What problems might he have in proving the case?

Self- Adams: Chap. 13,14; Palmer & Hartly: Chap. 5

Study
Moodl Initial posting as described in evidence and discourse
e

RESOURCES:
Adams: Chap. 13,14; Palmer & Hartly: Chap. 5
DISCOURSE:
Legal framework espousing non contractual liability for defective goods and services

TOPIC 12: Legal types of Business organisation: Sole proprietorship, Partnership and

Company
LEARNING OUTCOME for this module:
Student will be able to:
1. Comprehend the differences between incorporated and unincorporated types of
business organisations
2. Define and describe a sole trader proprietorship
3. Define and describe a partnership
4. Define and describe a Company
5. Comprehend the main differences between a public and private company
6. Describe and define limited companies
7. Evaluate the consequences of incorporation
EVIDENCE:
1. Examine various types of partnership, with special focus on limited liability
partnership.
2. Compare and contrast Sole proprietorship with Partnership
3. Discuss the significance of the case of Salmon v Salmon & Co Ltd (1897)

ACTIVITY:
Week
W
beginning k
09/12/13

Session Title and Description

13 Lectur
Legal types of Business organisation: Sole proprietorship,
e
Partnership and Company
I. Quiz:
1. How may incorporation take place?
2.What is the main difference between a partnership and other
Tutori incorporated associations?
al
3. Thames, Dover and Wight are members of a partnership
called Outdoor Adventures. What is the legal position if:
(a) Thames, without consulting the others, bought two new four
wheel drive vehicles from Humber; and
(b) as a result of Thames's purchase, the partnership now has
insufficient sums to pay its creditors?
II. Jackie and Simon run the Good Hair Day hair dressing salon,
which is prospering. They would like to expand their premises
and staff and hope ultimately to open other salons in different
locations. They are debating whether to continue to trade as a
partnership or set up a limited liability.
Advise Jackie and Simon.
III Gwen and Helen have just won 20,000 each on the lottery.
They have decided to fulfil their long term ambition to set up a
fashion business. Initially they intend on having a chain of
shops in the north of the UK and then depending on the success
of that then expanding to the rest of the UK.

They are considering what is the best form of business

organisation through which to run their chain of shops and as
their accountant have asked you to advise them.

Advise Gwen and Helen of the advantages and disadvantages

of forming a registered company compared to a partnership and
advise them of the most appropriate option.
Self- Adams: Chap.19
Study
Moodl Initial posting as described in evidence and discourse
e

RESOURCES:
Adams: Chap.19
DISCOURSE:
Various types of businesses organisations and their implications on rights and liabilities
of people associated with such organisations.
Doctrine of separate legal personality and Lifting of the corporate veil.

4.3 Session Required Reading

Author Date

Title

Publisher

Alix
Adams

Law for Business Students

Harlow : Pearson 7th ed.

Ewan
2012
MacIntyr
e,

Business law

Harlow : Pearson 6th ed.

Adrian 2006
Palmer &
Bob
Hartley

The business environment

MCGraw Hill 5th ed.

Janet
2007
Morrison

International Business: Challenges in a

changing world

Palgrave Macmillan

Penny
2007
Darbyshi
re,

Nutshells English Legal System

Sweet & Maxwell 7th ed.

2012

5. Assessment Details
5.1 Summary of assessment
Assessment Title

Weight
Pass
towards final Mark
grade

Length

Due Date

Individual
Coursework

50.00%

1800
words

7th November 21st November

2013
2013

Take Home exam

50%

1000
words

12th December2nd January

2013
2014

50%

50%

Out of which
10% is
dependent
on
attendance
Engagement in
Tutorials

80%
Pass/
completed in
class
Fail
activities

500 words NA

Anticipated
Return Date

Header
Sheet
number

NA

5.2 Detailed description of assessment

5.2.1 Individual Coursework Questions:
Attempt only 1 Question.
Q.1
(i) In relation to the law of contract, define and explain consideration.
(ii) Critically evaluate the following statements regarding consideration:
(a) consideration must be sufficient but does not have to be adequate;
(b) past consideration is not good consideration.

OR
Q.2
Holly offers Elisa her collection of Nadal branded tennis racquets for 2000. Three days
later Elisa posts a letter
to Holly asking whether Holly would consider taking 1500 for the tennis racquets as the
brand has dropped in

value in light of Rafael Nadals lackluster performance in recent grand slam matches of the
current year. Holly
comprehends Elisas request as an indication that Elisa doesnt want the tennis racquets
at the price offered.
Holly also knows that another friend of hers, Rita, would be willing to pay 2200 for them.
Holly thus sells the
tennis racquets to Rita instead.

A week later, Elisa having not heard since from Holly, sends her a letter accepting the offer.
The letter crosses in
the post with a letter from Holly informing Elisa that the tennis racquets have been sold to
someone else. Elisa
had agreed to sell the tennis racquets to her sister-in-law for 2050.

Advise Elisa with use of cases.

5.2.2 Take Home Exam Questions:

Attempt only 1 Question.

Qs.1
Anand has operated his own internet business since 2000 and ever since then he has used
CallUs Ltd to provide for all of his computer requirements. On the five previous occasions
he upgraded his computer network, the contract with CallUs Ltd was in writing and
contained a clause stating that:
CallUs Ltd is not liable for any financial or other losses caused through the installation, or
use, of any equipment supplied by it, whether as a result of negligence or otherwise of the
company or its staff.
In October 2005, Anand once more contacted CallUs Ltd with an urgent request for them to
upgrade his computer system before the expected rush of business before the Christmas
period. On this occasion, although the terms of the contract were amicably agreed over the
phone, due to the need for speed, the contract was not reduced to a written document.
However, when CallUs Ltds workers arrived to install the new computers, the foreman
handed Anand a delivery note which detailed the number and cost of the new computers
and related software. On the back of the document was printed the usual exclusion clause,
as stated above. Anand only checked the front of the document and did not notice the
statement on the reverse.

On the first occasion that Anand tried to use the new computers a wiring fault caused a fire
to break out and as a result, not only was Anand severely burned, but his premises suffered

50,000 worth of damage, and as a result he was not able to supply any goods for
Christmas, which caused him to lose a further 100,000.
CallUs Ltd admits that the fire was caused by the negligence of its workers, but is relying
on the exclusion clause to deny any liability for the damage caused.

(a) Advise Anand whether the exclusion clause was incorporated into his contract with
CallUs Ltd;
(b) Assuming the clause has been incorporated into the contract, advise Anand whether it
covers all the damages suffered as a result of CallUs Ltds admitted negligence.

OR

Qs. 2
In January 2009 Abbey entered in a contractual agreement with Penguin Ltd to write a book
on Nigerian recipes for publication by the International Food Association. The book was to
cover the period from September 2009 till June 2010, and it was a term of the contract
that the text be supplied by 30 June 2010 so that it could be printed in time for September.
By 30 May 2009, Abbey had not yet started on the text and indeed she had written to
Penguin Ltd stating that she was too busy to write the text. Penguin Ltd was extremely
disturbed by the news, especially as it had acquired the contract to supply all of the
International Food Associations study manuals and had already incurred extensive
preliminary expenses in relation to the publication of this new book.
In the context of the law of contract, advise Penguin Ltd whether they can take any action
against Abbey.

Marks allocated
to criteria:

Criteria

20%

Focus
Does the essay set up a clear essay question to address? Does the
essay stay within and fulfil the topic parameters?

30%

Synthesis
Does the essay bring together the literature in a significant manner
that addresses an essay question?

30%

Soundness
Does the essay indicate a comprehensive understanding of the
topic area and literature discussed?

10%

Clarity of structure
Is the essay well organised and logically constructed to achieve
synthesis while being mindful of the needs of the reader?

10%

Mechanical Soundness
Is the essay clearly written, spell checked and grammatically
sound and referenced appropriately?

6. Other Details

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brought together into your program handbook. Please refer to your program handbook for
any further information you might require including:

How to submit assignments,

Deadlines and extenuating circumstances,
Plagiarism and referencing,
Who to go to for advice or if you are concerned,
How to provide us with feedback,
Key administrative procedures.