Business Law

First Assessment

This is an individual piece of coursework worth 40% of the

unit mark

Please read the following instructions before beginning to answer to the

questions on pages 17 - 18

HAND IN DATE This coursework must be submitted via Turnitin

by 23.55, 12TH January 2018. You will find the

dropbox called January Coursework

Submission by clicking on Coursework in the

menu at the top of this Unit’s Moodle site.

It is crucial you include your student ID

number in the file name

Before submission students are

encouraged to submit draft work through

the Turnitin student checkpoints to check

for plagarism

There are mark penalties for late submission

see page 34 in the Unit handbook

FONT + LINE SPACING Coursework should be word processed. Font

size should be between 11 and 14 and

‘easy to read’ e.g. calibri, arial, times new

roman. Line spacing should be between 1.5

and 2 with (approx.) 4 cm margins all

round. The Header must include the

student number and the Footer must

include a page number

WORD LIMIT 1500 words excluding footnotes and bibliography. The word count should be clearly stated on the first page of your answer. Failure to state a word count will result in a penalty of 5% of the original mark awarded. A falsely

stated word-count is an assessment offence which may result in a penalty, including the reduction of the mark to 0%. Note, that footnotes should be used to reference sources only. Markers are free to disregard footnotes that contain inappropriate information or information that should belong in the main text. Coursework that is over the stated word limit will result in a penalty of 10% of the original mark awarded. For the avoidance of doubt, the penalty will be applied to any work that exceeds the stated word limit of 1500 words excluding footnotes and bibliography. Students are NOT permitted to exceed the word limit by 10% or any other amount.

MARKS University Regulations stipulate marking be done 20 working days after 12th January 2018. Marks will be released to you on 9th February. FEEDBACK Personal feedback for guidance on progress

and understanding will be given on each

marked script. Additionally an outline answer to

the coursework questions and generic feedback

will be on Moodle at the end of February 2018.

Informal feedback will also be given in seminars

once marks have been released

Learning Outcomes This coursework covers the following learning

outcomes:

1.Demonstrate a detailed knowledge of the law

and practice in key areas of contract law and

the law of negligence;

2.Recognise, understand and apply appropriate

case law and legislation to realistic business

problem scenarios;

3.Critically evaluate the law of contract and

negligence.

FOOTNOTES Should be used to reference sources.

REFERENCING Referencing is required to give intellectual credit

to your source, helps the marker recover your

source easily and avoids you being accused of

plagiarism.

Students must reference sources using the

Oxford Standard for the Citation of Legal

Authorities (OSCOLA). Details of this can be

found on pages 23 - 25

Students should ensure all sources are

fully cited in footnotes and in their

bibliography in accordance with OSCOLA and

that indentation or quotation marks (as

appropriate) are used when quoting.

Students who fail to include a bibliography

will be penalised likewise poor citation of

sources will result in a loss of marks.

Guidance on referencing maybe found at

[email protected]

Reference should be made to the primary

source, except when the primary source can no

longer be obtained.

PLAGIARISM Students are reminded of the need to avoid

plagiarism. The University Regulations

describe plagiarism as:-

“The incorporation by a student in work for

assessment of material which is not their own,

in the sense that all or a substantial part of the

work has been copied without any adequate

attempt at attribution, or has been incorporated

as if it were the student’s own when in fact

it is wholly or substantially the work of another

person or persons.”

Any student suspected of plagiarism will be

referred to the Student Assessment &

Assessment Regulations Lead and an

Academic Misconduct Hearing will be arranged

with all appropriate penalties applied if

misconduct is found.

Students are reminded that the University will

not tolerate academic dishonesty in any form.

This is cheating. For further guidance see

Student Handbook pages 8 and 9:

http://www.port.ac.uk/accesstoinformation/policies/teachingandlearning/filetodownload,7345

2,en.pdf

If any student has a query about any of the

above points and wishes to obtain clarification

or further information please contact the unit co-

ordinator or your seminar tutor

Electronic Copy of Work Students should retain an electronic copy of their coursework including all drafts, so that any

draft or the submitted answer may be check by

a member of staff should a member of staff feel

the need to do so. Failure to send an electronic

copy of the coursework to a member of staff

who has asked for a copy may result in a

penalty.

ASSESSMENT CRITERIA - Please see page 32 -33 in the Handbook.

Please read the case study below and answer the 2 questions

at the end

On Saturday Fernando sees an advertisement in the local paper:

First edition of Lord of the Rings, signed by JRR Tolkien

for sale £7,000. Telephone Simon on 01234 – 60000

or e-mail [email protected]

Fernando, who knows Simon’s address, immediately puts a cheque in the post for

£7,000 together with an additional sum to cover postage and package, with a note

asking Simon to send the book directly to him.

On Sunday evening, upon seeing the advert, Ali e-mails Simon and asks if he will

accept £6,500 for the book. Simon emails back saying that the book is offered for

sale at £7,000 and if Ali wants it he must email him back before 2200. At 2130 Ali

emails Simon back saying he does want to buy it for £7,000 and will put a cheque in

the post to him that evening. This email arrives in Simon’s inbox at 2135 but he

mistakes it for spam and so deletes it without opening it. Ali puts a cheque for

£7,000 in the post that evening.

On Monday morning having heard from no one Simon sells the book for £10,000 to

Gollum Books Ltd. and emails Ali saying the deal is off.

Simon’s wife Fern, runs a coffee bar in Southsea. She goes to Good Buys, the local

supermarket to purchase some coffee for her business and whilst cycling through

Good Buys’ car park she is hit by Joe, a fork lift truck driver working for Good Buys.

Joe has only recently passed his fork lift operating test. As she entered the car park

Fern had seen a notice which stated

Good Buys accepts no responsibility for any loss or

damage to property or persons however arising

Fern is knocked unconscious, gashes her head and damages her bicycle. She was

not wearing a helmet. There is evidence showing Joe was driving too fast and

showing off to his friends.

I. Advise Simon if he has any contractual liability to Fernando and or Ali.

II. Advise Fern on any contractual and/or tortious claims she may have against Joe and/or Good Buys, including a discussion on whether the notice will prevent her making any claim against Good Buys.

Each question is worth 50 marks