LAW ASSIGMENT due thursday 18;00

The Scenario

Ms Evans of 21 Acacia Avenue

Ealing W5

Statement of facts

My daughter and I booked an activity week through Ealing Travel Agents with Goforit (Tour Operators). The Goforit brochure we had looked at promised all sorts of activities in the Lake District notably on Lake Keswick. We are both mad keen on sailing and other watersports and had noticed that a key feature of the week was the provision of sailing, windsurfing and waterskiing. We booked for the first week in August.

On arriving we immediately went to ask about booking up for the various water activities only to be told that Goforit were in dispute with the people who provided the water facilities and who held the licence to provide those activities on Lake Keswick. Apparently this dispute had been going on for weeks. We were able to enjoy the other facilities but that’s not the point. Our main aim was to enjoy the water sports. We did complain to the Goforit representative but she said there was nothing she could do.

On our return we went to Ealing Travel Agents who were sympathetic but pointed to a term in Goforit’s brochure which stated effectively that they could not be held responsible for the non-provision of facilities by other parties and, moreover, they had the right to change details of the holiday.

What can we do? We’ve really been let down and are disappointed.

Guidelines

What is expected of you throughout the programme

( that you elicit all relevant information which should be well documented;

( that you communicate in an appropriate, effective and business like manner;

( that you carry out a thorough investigation of the relevant law and trade association requirements;

( that you work to a professional standard. This requires perfect grammar and spelling. If you need help in this area, see your tutor.

( that you work to the set deadlines. No extensions or late submissions will be permitted except on production of medical evidence or other convincing evidence of an unforeseen and emergency event which made it impossible to attend the tutorial in question.

( that you follow the instructions precisely; failure to do so will result in a fail grade.

( ensure in your research report that you reach firm conclusions – you are providing advice.

Assessment pattern

No. 1 Interview questions

1. You will have read the case study.

2. Your firm’s client is Ms Evans.

3. You are now required to draft about TEN questions which you will need to ask your client to enable you to carry out the necessary legal research to investigate whether or not she has a legal course of action.

4. You will need to justify each question, supporting it with reasons as to why it is necessary and relevant.

(10 marks)

No. 2 Legal research report

1. You are a trainee.

2. Your principal is advising Ms Evans..

3. Your task is to prepare a legal research report for your principal that will give him/her the necessary information to advise the holidaymaker as to the claims that she can make against Goforit (Tour Operators).

(20 marks)

No. 3 Letter of advice

1. You are required to write a letter to Ms Evans.

2. Your format, tone and style should be appropriate to the status and experience of your client .

3. You may make up details such as address, telephone/fax/e-mail/reference etc. as if you were writing a formal letter.

(10 marks)

No. 4 Drafting

1. Go on line to obtain a claim form ( Small Claims court Gov UK).Draft a claim on behalf of the claimant .

2. You should complete the form accurately using clear and simple language.

(10 marks)