Advise Dexter on each of the following questions (you must refer to relevant case law and, where appropriate, additional sources to support your argument); 1. Does a contract exist between Dexter and Susan that will enable Dexter to enforce a delivery dea

CB5009 ASSIGNMENT 1

Assignment Briefing

Module Name Contract Law and Consumer Rights Module Code CB5009

Assignment Title Contract Formation and Settling Disputes

Type of Assignment/Weighting Problem Question Essay / 40%

Word Count 2,500 words

Issue Date 10th October, 2019

Submission Date 13th November, 2019 via Turnitin by 12.00 MIDDAY

Date of Feedback to Students TBA

Where feedback can be found On the submitted assignment on Turnitin

Assignment Task

Dexter is about to open a new comic book shop, and is looking around for modern and quirky furniture for his reception area. He sees an advertisement in the local newspaper for a specialist craftswoman, Susan, whom he hears is renowned for creating unusual designs in a range of materials. Dexter approaches Susan to commission coffee tables and soft seating for his shop but Susan’s initial quote is too high for his budget. As Dexter really loves Susan’s designs he speaks to his sister, Didi, who offers to buy the furniture for him on the basis that he pays her back over a period of time. Dexter and Didi sit down at his flat and work out a payment schedule, with Dexter agreeing to pay an amount he can afford every month. Dexter and Didi then visit Susan’s studio and discuss the designs Susan recommended at Dexter’s first visit. Susan produces detailed drawings based on Dexter’s ideas, which she sends to him. The following email correspondence then takes place:

question cont. on next page

Dexter to Susan – sent 9.30 hrs, Friday 11th October Dear Susan, Thank you for your designs dated 29th September, 2019 – the tables and seating are just what I wanted. Please can you let me know how much they will cost, and an expected delivery date. Dexter. Susan to Dexter – sent 18.00 hrs, Monday 14th October Dear Dexter, I am delighted that my designs are acceptable. The fee will be a total of £6,000, with delivery to take place on 14th January, 2020. Best wishes, Susan

Dexter to Susan – sent 13.00 hrs, Wednesday 16th October Dear Susan, The fee of £6,000 is fine; however, I’m keen to get the furniture in place before the New Year. As such, I need the tables and seating by 3rd December, 2019 at the very latest. Dexter Susan to Dexter – sent 18.30 hrs, Thursday 17th October Dear Dexter, I’m very sorry but delivery for the 14th January, 2020 is the earliest I can make. Best wishes, Susan Susan then receives a cancellation for an order from another customer, so sends a final email as follows: Susan to Dexter – sent 20.45 hrs, Friday 18th October Dear Dexter, Actually, Dexter, I can now make a 3rd December, 2019 delivery date – the price remains the same at £6,000. Thank you very much for your commission – I am looking forward to working on these interesting designs for you. Best wishes, Susan Having read this email on the morning of Monday 21st October at 9.30 hrs Dexter telephones Susan immediately to say how delighted he is that Susan has agreed to the commission for delivery on 3rd December, 2019 at £6,000. However, over the weekend Susan realised that she had not given herself enough time to allow for any unforeseen events affecting the completion of the work. Susan tells Dexter that she has decided she must return to her original delivery date of 14th January, 2020.

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Very unhappy with this turn of events Dexter explains this is not acceptable, and informs Susan that he expects her to stick to the 3rd December, 2019 deadline. Susan tells Dexter the only way she could possibly meet that deadline is to employ someone to help her, and charge him an additional £1,000. Dexter flatly refuses to pay any more money, saying Susan should carry the cost of meeting the deadline she agreed. Following this exchange Dexter calls his sister Didi, and tells her he is determined to make Susan deliver as she promised without it costing him any more money, saying he is prepared to sue her if need be. On the call Didi tells her brother that it is probably for the best that this has happened, as she is no longer willing to lend him the money she promised him for the furniture.

Advise Dexter on each of the following questions (you must refer to relevant case law and, where appropriate, additional sources to support your argument);

1. Does a contract exist between Dexter and Susan that will enable Dexter to enforce a delivery deadline of 3rd December, 2019 at no more cost to himself?

2. Does a contract exist between Dexter and Didi that will enable Dexter to insist Didi lends him the money for the furniture?

a) Dexter is considering what he would need to do if he has to take out a small claims action for what he alleges is Susan’s breach of contract. Explain the process Dexter will need to follow to make such a claim online, and outline what alternative methods of resolution you would recommend he consider to avoid the issue going to court.

ADDITIONAL GUIDANCE:

WORD COUNT: The assessment should not contain sub-headings, appendices or diagrams, and you are not required to provide a Bibliography. You must, however, provide a Reference List including the names of all cases and legislation cited as well as other sources referred to in the text. The word count should include everything in the body of the text, including quotations and case citations. It does not include the coursework title, footnotes (required for completing case citations), or the Reference List. Direct citation of sections from legislation are also not included within the word count. An allowance of 10% deviation below or above the stated maximum word count is permitted.

COVER SHEET: At the front of your assignment, please ensure you include the Assessment Cover Sheet that you can find on the module’s Moodle page. Please also include a completed Student Self Checklist, which you can also find on the module’s Moodle page. The cover sheet and the checklist do NOT count towards your word count: the latter is to enable the marker to direct part of their feedback to any specific concerns you may have.

MARKING CRITERIA: Marking will be in accordance with the KBS Generic Categorical Marking criteria, a copy of which is included at the end of this brief. Marking will be done electronically on your Turnitin submission.

LATE SUBMISSIONS: Late submissions that have not had prior official extension approval in advance of the submission date, and in line with the University’s rules, regulations and codes of practice, will be given a zero mark.

ACADEMIC INTEGRITY: All essays will be checked for plagiarism, so please ensure you avoid this by following good academic practice including the correct academic referencing (Harvard); case citations (see the guide on Moodle), and by avoiding ‘cut and paste’ without phrasing in your own words. Students with unacceptable Turnitin scores where plagiarism is suspected face referral to the Academic Disciplinary Committee. Advice on avoiding plagiarism can be found at the end of this brief and at http://www.kent.ac.uk/uelt/ai/students/avoidingplagiarism.html

FAQs:

How do I start a problem question essay? In the exam, you get stuck into answering a problem question with just the briefest of context as an introduction. In this assignment it is appropriate to contextualise your answer briefly by giving a succinct introduction to the area of law under discussion. A recognised definition of a contract from a credible and properly referenced source looks good (use page numbers if directly quoting e.g. MacIntyre, 2018, p.X). Do I need additional references other than cases? The bulk of your referencing will be cases, as they are the source of the law you are applying. However, you should refer to your textbooks if you use a definition as you would usually. You may also come across a relevant white paper on the reforms that led to alternative dispute resolution (ADR) in this country while you are researching your answer, and that would be a publication you could reference. How many cases should I use? The rule here is if you state a legal rule/principle you need to state the case that gave us that rule - otherwise you are not showing where the source of the law comes from. If you want to strengthen your argument, you add another supporting case / cases; if you want to counter that rule with another, you use the case that gives that counter-argument. Equally, you do not mention a case if it is not relevant to your scenario. That being said, to justify your argument for all the parties I would suggest you aim for around 15 (relevant!) cases. How many methods of resolution should I include? The rule here is to be thorough! - use your textbook as your guide.

Can we have access to practice written assignments for an understanding of the layout and structure? I do not make these available due to the potential problem this causes with plagiarism. However, if you read the answer on Moodle to the Contract Terms problem question (this was written under exam conditions) this gives you a good idea of how to get straight into a PQ, and the correct objective tone to adopt (see also the case summary below as an example of tone). How would I go about referencing a case? Refer to the Quick Guide to Referencing on Moodle in the Assessments section for a fool- proof way to cite and reference cases correctly. If I mention a case more than once, do I need to footnote it separately each time? No – when you first mention the case in your body text you must finish the full citation as a footnote. After that, you can simply refer to that same case name in your body text. I want to look up a case report online – how do I do that? Follow these links on Moodle:

When you click through the second link above, go to Electronic Law Library on the left-hand menu, scroll down and select Westlaw and log in with your usual login. You can then source cases using the top menu (click Cases) and entering either the parties’ names or the citation – e.g.:

How much of a case do I summarise? Where it is a case that simply provides a definition of a piece of law (e.g. Currie v Misa) you only need to include the case name and the definition. Where a case is required because it is very relevant to the scenario, you need to give enough detail of it to show why it is relevant (why it applies to the problem scenario), and what legal rule it represents, so you can determine the outcome in your scenario. How do I ensure I have covered both the facts and the principle of a case? With practise through your seminar prep this becomes instinctive – trust me! However, when starting out in law, the following is a useful approach to adopt:

1. At the start of a paragraph state the legal rule you are about to explain. 2. Then state which case the rule comes from. 3. Describe the facts of the case – usually one to two lines unless (as above) it is

particularly relevant to the facts of your problem scenario, when you will need more. 4. Ensure you explicitly state the legal principle decided in the case. 5. Refer to the fact in the problem scenario that the rules applies to. 6. Re-state the rule in direct relation to that fact, which confirms your outcome on that

issue. So – if we had a scenario where an invitation to treat applied, your paragraph would run like this:

The issue we need to consider is whether the rule around invitation to treat (ITT) applies (1) to the parties. A product in a shop window was deemed to be an ITT in the case Fisher v Bell (2). In this case, the defendant was charged with ‘offering for sale’ an offensive weapon in contradiction of the Restriction of Offensive Weapons Act 1959 (3). He was found not guilty as goods in a shop window, even if bearing a price tag, represent an ITT, not an offer (4). In X’s case the product is being exhibited with a price tag in the defendant’s shop window (5), and therefore the defendant is not making an offer that the claimant can accept but only presenting an ITT (6).

With practice, you can find that you can summarise this even more succinctly BUT always remember to give the legal principle of the case and at least a few words on the facts, to show your knowledge and to be able to apply the correct legal rule to the issue you are considering.

Assignment Marking Criteria

KBS UNDERGRADUATE CATEGORICAL MARKING CRITERIA

CLASS MARK READING & KNOWLEDGE

UNDERSTANDING, ANALYSIS AND ARGUMENT

ORGANISATION AND PRESENTATION

HIGH FIRST 85+ ‘Exceptional’

100 95 85

Very extensive reading and exceptionally comprehensive knowledge which indicates a high level of independent background research.

Very full and perceptive awareness of subject matter, with original critical and analytical assessment of the issues and excellent grasp of their wider significance. Combines a comprehensive understanding of theoretical issues and empirical application. Clear evidence of a high level of originality and independent thought along with an ability to defend a position logically and convincingly with arguments presented that are sophisticated and challenging.

Very well structured piece of work demonstrated by an excellent arrangement & development of material & argument. Excellent English and meticulous presentation, immaculate referencing and extensive bibliography/list of references. Observes the word limit.

FIRST ‘Excellent’

78 75 72

Wide reading and comprehensive knowledge of the subject matter which goes beyond the course material and lectures.

Full and perceptive awareness of issues, demonstrating an appreciation of all major points and a clear grasp of their wider significance. Clear evidence of independent thought, ability to defend a position logically and convincingly. At the higher end, can make linkages between theoretical issues and empirical application and also demonstrates some originality and flair.

Well-structured piece of work with very careful thought given to arrangement and development of material and argument. Excellent English with appropriate referencing and comprehensive bibliography/list of references. Observes the word limit.

UPPER SECOND ‘Very Good’

68 65 62

Very good range of reading and good knowledge which comprehensively covers course material and may go beyond this.

A comprehensive argument demonstrating a sound awareness of issues and a serious understanding of their wider significance. Evidence of careful thought with a well-developed argument. Use of theories, concepts and research findings which are largely precise although there may be factual errors or inaccuracies.

Well-organised answer with a clear structure which facilitates the development of material and argument. Very good English with appropriate referencing and bibliography. Observes the word limit.

LOWER SECOND ‘Good’

58 55 52

Fair range of reading and reasonable knowledge of course material

Essay is a satisfactory response to the question. It demonstrates some grasp of theory and its relation to empirical data but less awareness of issues and their wider significance. It is largely accurate but may contain more than minor errors such as incorrect facts or errors of omission. There may be some attempt at serious argument but this is not fully developed.

Good effort to organise the material and argument. Adequate English with reasonable referencing and bibliography. Adequate observation of the word limit.

The essay may appear correct but lacks originality and clarity of though for an above average grade.

THIRD ‘Satisfactory’

48 45 42

Some reading but with incomplete knowledge of course material.

Awareness of issues and of their wider significance but at a basic level. Largely descriptive with some errors and omissions. Limited argument.

Structure of the essay is weak and there is a limited effort to organise material and argument. Satisfactory English but may contain some errors. Limited referencing and bibliography. May not observe the word limit.

‘Pass’ 40

FAIL ‘Limited’

38 35 32

Limited reading with evident gaps in knowledge. Lack of familiarity with course material is evident.

Limited awareness of issues and of their wider significance and contains a small amount of acceptable and relevant information. Clearly deficient answer which contains substantial errors, omissions or irrelevancies.

Structure is largely absent indicating very little effort put into organising material. Significant errors in English and poor referencing and bibliography. Does not observe the word limit.

LOW FAIL <30 ‘Very Limited’

25 20 10 0

Very limited level of reading and failure to demonstrate competent knowledge. Knowledge of course material is absent.

Lacks familiarity with the subject, demonstrating very poor awareness of issues and of their wider significance. Competent understanding is absent and assignment is characterised by confusion.

Assignment lacks structure and there is a clear absence of organisation of material. Substantial errors in English, poor or absent referencing, word limit ignored.

Avoiding plagiarism

What is plagiarism?

Plagiarism is a form of academic misconduct. Plagiarism may be committed in a number of ways, including:

 Copying another person's work or ideas. This includes copying from other students and from published or unpublished material such as books, internet sources, paper mills, computer code, designs or similar

 Submitting previously submitted or assessed work of your own without attribution

 Submitting work solicited from (or written by) others

 Failing to adequately reference your sources

Plagiarism and duplication of material, as defined below, are cited in the regulations as examples of breaches of General Regulation V.3:

 Plagiarism: Reproducing in any work submitted for assessment or review (for example, examination answers, essays, project reports, dissertations or theses) any material derived from work authored by another without clearly acknowledging the source

 Duplication of material: Reproducing in any submitted work any substantial amount of material used by that student in other work for assessment, either at this University or elsewhere, without acknowledging that such work has been so submitted

What are the penalties for plagiarism and duplication of material?

The penalties can be severe. They include marks of zero for individual coursework and de- registration from university for serious or repeat offences. Additionally, offences may be noted in your student record.

For more information on plagiarism (and referencing) please see the KBS Student Handbook and the universities policy on academic discipline (Annex 10 of the Credit Framework) which can be found at:

http://www.kent.ac.uk/teaching/qa/credit-framework/creditinfoannex10.html

Therefore it is vital that you ensure all assignments are your own work and follow good academic practice, including the correct academic referencing.

Advice on avoiding plagiarism and the University’s guide to academic integrity, plagiarism and Turnitin, the plagiarism detection software used by the University, can be found at:

http://www.kent.ac.uk/uelt/ai/students/

http://www.kent.ac.uk/uelt/ai/students/avoidingplagiarism.html

Illness or other mitigating circumstances All students have a responsibility to manage their learning, revision and assessment activities throughout the duration of each term. Unfortunately illnesses and difficult and distressing events are a normal part of life and students are expected to manage these and continue with their work and study. However, there may be times when illness or other misfortune cause exceptional interference with academic performance over and above the normal difficulties experienced in life. If you are experiencing personal factors which are impacting on your academic studies – please refer to the

KBS Student Support Moodle site for comprehensive information relating to the school’s concessionary procedures.

Group work (if applicable) For full guidance for students on managing GROUP WORK assignments click here (The Student office Moodle page info on Managing group work) Academic misconduct Work submitted by a group is the responsibility of the group as a whole. In the unfortunate event of the work being judged to have been plagiarised, the only circumstance in which it is possible that the responsibility for the misconduct would only fall on the group member who actually committed it, would be if there were clear evidence that that member had dishonestly misled the rest of the group as to the source of his or her contribution. This would require clear and contemporaneous evidence of group discussions of the sort which should be available if groups follow the advice given about keeping a log of group proceedings. If the group work is simply allocated amongst the members of the group without any sort of group review of the outcomes, then all the group members are taking on themselves the risk that some element of the work is tainted by academic misconduct. If you are unclear about any of this, you should refer to the University’s guide to Plagiarism for further explanation.