Business law individual assignment

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DIPLOMA IN MANAGEMENT STUDIES

DIPLOMA IN ACCOUNTING DIPLOMA IN INTERNATIONAL BUSINESS (FULL‐TIME)

LAW 0115 CA2 – INDIVIDUAL ASSIGNMENT JUL - SEP 2021

Kate entered into a contract with Sussex Design House Pte Ltd (“SDH”) to renovate

her 30 year-old apartment. Under the terms of the contract, SDH was to provide

interior design, space planning and project management. Kate specified to SDH that

she wanted the water pipes for the whole unit to be changed to cross-linked

polyethylene (PEX) pipes since they were cheaper, more durable and reduce wastage

in the long run.

The contract stated that the project was to take 5 months commencing 1 July 2020.

The contract sum was $80,000. According to the contract, Kate paid $8,000

immediately upon signing the contract. She paid 10% after the water piping was done

and another 30% when the flooring and the walls of the apartment were installed. She

then paid a further 20% after all the carpentry work was completed. The balance of

the contract sum was to be paid when the unit was handed back to Kate.

SDH arranged to hand the unit back to Kate on 1 Dec 2020. When Kate was going

through the unit with the designer from SDH, she asked if the water pipes had been

changed as instructed by her. The designer apologized and explained that there was

a shortage of PEX pipes in the market and SDH had replaced the pipes with copper

pipes to ensure timely completion of the project. Kate was very unhappy. She refused

to pay the balance of the contract sum to SDH and insisted that SDH replaced the

copper pipes with PEX pipes.

SDH was unwilling to replace the water pipes because it would require a lot of work.

They argued that the price difference between PEX and copper pipes would have been

$2000 for the entire apartment which was a relatively small amount. They insisted

that they should be able to recover the balance 30% of the contract sum minus $2000

difference in the price of PEX and copper pipes.

Kate sought your advice on the following:

(a) Define what discharge of a contract is and briefly explain the FOUR (4) ways a

contract may be discharged.

(10 marks)

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(b) Discuss the LEGAL PRINCIPLES concerning the above case study, APPLY the

legal principles, and CONCLUDE on whether SDH could treat the contract with

Kate as discharged and recover the balance 30% of the contract sum minus the

$2000 difference.

Note: the focus of your answer should not be on breach of the terms of

the contract.

(35 marks)

Performance Guide for students:

Marks will be awarded for:

(i) Content: a. Clear usage, statement, and explanation of relevant legal principles b. Original, clear, logical and convincing discussion on the application of the laws

to the facts c. Statement of Conclusion d. Appropriate referencing (in‐text and list of references)

(ii) Number and quality of references: At least 5

(iii) Organization of answer and writing style (including spelling, grammar, syntax etc).

Please make sure you use “Grammar and Spell check” functions to check your submissions.

Up to 5 marks will be awarded towards (i), (ii) and (iii). (5 marks)

(Total Marks: 50)

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INSTRUCTIONS for Continuous Assessment 1: Individual Assignment

• Deadlines and Guidelines are provided on the course D2L site

• This is an Individual Assignment marked upon 100 marks.

• Weightage for Continuous Assessment 2: 40% of the total marks for this module.

• Marks for the quizzes will be released after the CA1 Individual Assignment deadline.

• Assignment should be type‐written using 12 pt ARIAL font and 1.5 line spacing.

• Word limit is 1200 words (excluding words in references) and must be printed at the end of assignment.

CA Submission

• CAs must be submitted online via D2L portal.

• Deadlines, instructions and detailed guidelines are provided on the course D2L page.

• Please read instructions and guidelines provided on D2L portal and in this document carefully.

• Ignorance of specific directions mentioned in these documents will not be considered as a valid reason which will lead to marks deductions and may lead to failure in the CA component of this course.

• If you have further queries, please read the FAQ. If after you have read the FAQ, you need assistance on D2L submission, please email to [email protected] or call 6248 9393 Option 4. For non D2L issues please email [email protected] for DMS students or [email protected] for DACC, DIB and DBF students. Please email with your Mymail account. Email from other addresses will not be entertained.