Assignment

3971-Writer choice
Type of Paper	Essay	English Style	English (US)
Subject Area	Law
Academic Level	College	Sources	5
Number of Pages	7 page(s) / 1925 Words	Referencing Style	APA

5.1 Task Read the following scenario and answer the question below: Nikhil owes one of his suppliers, Namita £5,000 which was due to be repaid in full by 1 March. On the 2 March he receives a telephone call from Namita asking him to repay the £5,000 he owes. Nikhil knows that Namita is having cash flow problems and she herself may soon have to cease trading and so he offers to pay her £3,000 that day if she will accept it in full and final settlement of the debt. Namita agrees to accept the £3,000 in settlement of the debt and Nikhil arranges for the money to be transferred to her account. Nikhil puts an advertisement in the back window of his van which states: ‘This van is for sale. 6 years old, low mileage. £5,000: Telephone: Nikhil 01273 679810.’ On 4 March, Vicky telephones Nikhil and asks him for his lowest price. Nikhil informs Vicky he will accept £4,000 for the van. Vicky asks Nikhil if he will hold his offer open for a few days. Nikhil agrees to hold the offer open for her until 7 March. On 5 March, Brian comes to inspect the van. Nikhil informs Brian that the van was once owned by the Beastie Girls and was used to carry their music equipment when they were on tour. Brian is a great fan of the Beastie Girls, and he readily agrees with Nikhil to buy the van for £5,000. They draw up a written contract, in which no mention is made of who once owned the van. It is agreed that Brian will collect the van and hand over the purchase price on 6 March. On 5 March, Vicky, having been unable to get through on the telephone, sends a letter to Nikhil, letting him know that she accepts his offer to sell the van to her for £4,000. On 6 March, Nikhil sends a text to Vicky to say that he has sold the van. On 7 March, Nikhil e-mails Charlie, a friend, asking if he wants to buy his Rolex for £1,000. Charlie emails by return, asking Nikhil if he will accept payment by 3 instalments. He gets a reply from Nikhil saying ‘No’. Later that day, Nikhil gets a message on his mobile phone. The message is from Charlie accepting the offer of the Rolex for £1,000. Nikhil has now decided that he cannot part with the watch which once belonged to his great-grandfather and sends a text to Charlie stating ‘no sale’. Discuss whether a valid contract has been made between Nikhil and Vicky using the rules of offer and acceptance. 5.2 Submission requirements You must submit your assignment by using the Turnitin gateway in the module’s Canvas site. Please Note: The act of submitting your work electronically will be taken as an acceptance of the Declaration of Authorship (see Appendix 2). AS1 Coursework guide Please read the following contents very carefully. Read it over and over again until you understand what you are required to do. If you do not understand any of the legal concepts and have any questions, then please ask in class. Please note: This is merely a structural guide to help you navigate the legal issues in the scenario. You should not copy and paste this in your essay. You should always write your essays in your own words. Always proofread your work for grammatical errors before submission. Always reference your work using Harvard. For academic writing skills/help- please contact [email protected] Introduction Brief context- definition of contract, offer and acceptance. State the purpose of the essay to include what the essay will discuss, such as offer and acceptance. Write from the third person-do not use informal words in an academic piece. Body- Use ILAC for each issue Overall issue- is there a valid contract? You need to write your identification of each as a full-blown sentence not just a short question. For e.g. The issue relating to A and B is whether or not x is valid. Elements of a valid contract= offer + acceptance=agreement, consideration, intention to create legal relations, certainty, formality. Break it down to focus on the elements of offer and acceptance as independent issues. Specific first issue- Is there a valid offer? Is the advertisement a valid offer? You need to write your identification of each as a full-blown sentence not just a short question. For e.g. The issue relating to A and B is whether or not x is valid. Law- Partridge v Crittenden- Invitation to treat. Why? You need to take time to expand and explain the differences between the Carlill v Carbolic smoke ball case and the Partridge case. Application- Apply the above principles to the scenario Conclusion- Come to a reasoned conclusion answering the issue question on if the advert is a valid offer. Use ILAC for each issue Next sequence in events- When Vicky telephones asking for his lowest price, it is necessary to work out the legal implications of that conversation. Specific second issue- Is she making an offer? You need to write your identification of each as a full- blown sentence not just a short question. For e.g. The issue relating to A and B is whether or not x is valid. Law- Harvey v Facey- request for information. Expand on this case and explain the reasoning behind the decision. Also, definition of an offer-use your textbooks Application- Apply the definition of an offer and the legal principle in the Harvey v Facey case to the scenario Conclusion- Come to a conclusion answering the issue The next sequence in events, Vicky decides to send a letter to Nikhil letting him know that she accepts his offer to sell the van to her for £4,000. It is necessary to work out the legal implications of that conversation. Use ILAC for each issue Specific third issue- could this letter be classed as a valid offer You need to write your identification of each as a full-blown sentence not just a short question. For e.g. The issue relating to A and B is whether or not x is valid. Law- Bear Stearns v Forum- price and potential offer Also, definition of an offer. Application- Applying the legal principle in the Bear Stearns case and the definition of an offer stated above. Conclusion- Come to a conclusion answering the issue Use ILAC for each issue The next sequence in events, it is stated that Nikhil informed Vicky that he has sold the van. It is necessary to work out the legal implications of that conversation. Specific fourth issue - Could that communication by Nikhil be considered valid acceptance? You need write your identification of each as a full-blown sentence not just a short question. For e.g. The issue relating to A and B is whether or not x is valid. Law- Entores v Miles- acceptance and communication Application-Applying the above legal principle to the scenario. Conclusion- Come to a conclusion answering the issue Use ILAC for each issue Additional issue- Could Vicky be entitled to any legal remedy? You need to write your identification of each as a full-blown sentence not just a short question. For e.g. The issue relating to A and B is whether or not x is valid. To answer this, you must first establish if there has been a breach of contract. Law- Pilbrow v Pearless de Rougemont & Co- breach of contract and actual breach Application- Applying the above legal principle to the scenario. Conclusion- Come to a conclusion answering the issue Overall conclusion -Answering the initial question regarding the overall issue on whether is there is a valid contract based on your discussions above