Principles Of Contract Law-Law

 
 
 
 
Faculty of Business and Law
Assignment Brief
 
 

Unit Title: Principles of Contract Law  
Unit Code: 454Z0014 Core: Yes Level: 4
Assignment Title: Coursework
Unit Leader: Nick Longworth
  Feedback Return Date:  your marks may be returned after the Exam Board considers your full year profile. The Exam Board usually sits in June.
Submission Instructions:
1.      Submit via the TurnItIn link on Moodle before the due submission deadline.
2.      There is a strict word limit (maximum) of 1,000 words for this piece of work excluding footnotes and bibliography. You must declare your word count at the top of your work. Footnotes may be used for referencing purposes only and not to develop your argument and avoid the word limit. Please note that there is no 10% discretionary excess.
3.      Use aerial font size 12.
4.      Your full work should be submitted a single file, including your bibliography at the end of your work.
5.      In submitting your work you are stating that you have complied with all of the University’s Assessment Regulations, including those relating to plagiarism and collusion. Breaches of these regulations are serious and could prevent you from being admitted as a lawyer in the future.
 
Feedback Return Information:
Feedback will be given via TurnItIn with the return of your work. Note the use of the summary comments box at the end of your work.
Feedback will be given within 4 weeks of the original submission.
Assignment Task
 
On 1st February, Lisa speaks to Martin on the telephone and says, “I’m thinking of selling my Fiat 500 car, I know that you like it. I might let you have it for £2,500.” Martin replies stating, “Let me think about it.”
On 2nd February, Lisa writes a letter to Nina which states, “I know that you are looking for a car, I will sell you my Fiat 500 for £3,000. I will give you a week to decide and I won’t sell it to anyone else before 9th February.”
On 3rd February, Lisa receives a letter from Olivia that states, “I heard from Martin that you are selling your Fiat 500 for £2,500. I’ll definitely take it. Unless I hear back from you by return of post, I will assume that it is mine for £2,500.” Martin is a good friend of Lisa and she offered him a special price. Lisa thinks that Olivia is very cheeky and simply ignores her letter.
On 4th February, Martin emails Lisa stating, “I will buy your car for £2,500”. Lisa is not monitoring her emails so she does not read it immediately and then accidentally deletes it using her phone before she reads the email.
On 5th February, Lisa is speaking to Paulo by mobile telephone. She tells him that she is selling her car and he can have it for £3,000. Paulo has travelled in the car previously and decides to buy it. However, in the middle of him saying that he will have the car for £3,000, the train that he is travelling on passes through a tunnel and he loses the telephone connection. Lisa does not hear his words. Paulo knows that he got cut off but cannot call back because the battery on his phone is dead.
On 6th February, Lisa writes again to Nina, withdrawing her offer. The letter of withdrawal arrives at 10.30 am on 7th February. Nina opens the letter and reads it and is upset because Lisa had told her that she would not sell the car to anyone else before 9th February.  Nina ignores the letter of withdrawal and instead posts a letter to Lisa agreeing to buy the car for £3,000.
Advise Lisa whether she has binding agreements with any of the parties.
NB the advice should be written in the 3rd person and this is not a letter to Lisa. You must support your analysis and advice with legal authority.
 
 
Unit Learning Outcomes Assessed
 
This assessment assesses the following Unit Learning Outcomes:
 
Demonstrate knowledge and understanding of principles of contract law
Analyse and evaluate primary and secondary legal sources as are necessary to determine a given legal issue
Apply that knowledge and understanding to provide solutions to contractual problems and questions
 
Background and Context
This assessment counts for 60% of your overall mark in this unit. The remaining 40% will be by way of examination.
 
Assignment Details and Instructions: 
 
How to do well in this assessment:
How to succeed.
What you MUST do:
·         Address all of the issues that arise in the question.
·         Undertake a high level of level of independent research and use good quality academic sources.
·         Ensure that you have provided authority for every legal rule that you have stated.
·         Use OSCOLA referencing appropriately.
·         Use grammatically correct English.
·         Proof read your work.
·         Attend scheduled sessions.
·         You must use your own words – the assignment is designed to demonstrate YOUR knowledge (please see the short section on plagiarism).
·         Only use quotes that are short where the impact of the author’s viewpoint would be lost if it was expressed in your own words.  As a general rule it shows a much higher level of knowledge and understanding to express an author’s opinion in your own words, still referencing the source.
·         Keep within the stated word limit.
 
 
What you must NOT do:
·         Fail to engage.
·         Leave it to the last minute.  Technical issues (including checking that you can upload your file) must be resolved in good time.
·         Fail to comply with any of the submission instructions.
·         Fail to comply with the rules on plagiarism and collusion.
·         Rely on poor quality sources that carry little to no academic credence such as Wikipedia, www.bitsoflaw.com, www.lawstudent.net etc…..
 
Plagiarism:
Plagiarism is defined by the University as:
·         the representation of another person’s work, without acknowledgement of the source, as one’s own; or
·         the unacknowledged incorporation in a student’s work of material derived from the work (published or otherwise) of another, examples of which are:
·         the unacknowledged inclusion of another person’s work;
·         the unacknowledged summarising of another person’s work;
·         the unacknowledged and/or unauthorised use of the ideas of another;
·         copying the work of another person with or without that person’s knowledge or agreement and presenting it as one’s own.
 
NB Please note that you should put into your own words ideas that you read about in texts and articles. Be cautious that you do not intentionally or unintentionally plagiarise from your source material. You should be particularly careful not to do this from internet sites (i.e. simply cutting and pasting). It is very easy to detect plagiarism in this form. Always provide and give credit to the author of a text or article.
 
Support for this Assessment
This work must be your own work. You cannot discuss the content of your answer with other people.
As this is a summative assessment you are not able to submit drafts of your work to tutors.
If you require assistance with your general written style then you should approach the Student Experience Tutors via the HUB.
 
 
Professional Skills Developed:
 
The specific skills being developed by this assignment, essential for employability and lifelong learning, are:
 
Written communication
Problem solving and analytical skills
Time management and organisation
 
 
 

 

 
Marking criteria: This assessment will be marked using the L4 LLB marking criteria and subject to step marking.
 
(Please copy and paste relevant Level criteria here)
LEVEL 4 – LLB STEP MARKING DESCRIPTORS FOR EXAMINATIONS AND EXTENDED WRITING
 

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GRADE DESCRIPTORS
The following are general guidelines of the level of work that would be expected in order to achieve the relevant grade.
FIRST CLASS
70%-100%
·         The work is communicated fluently and creatively in the appropriate form with precise use of English.
·         The structure is clear and logical and the arguments flow from one to the next, but there may be some irrelevant material or repetition.
·         The law has been clearly and accurately explained and there may be some limited understanding of the wider context.
·         There is a reasonable application of the law to the facts in the question. Justifiable conclusions are reached.
·         Competing arguments are identified and there may be evidence of some basic critical analysis.
·         Appropriate primary and secondary sources have been identified and properly used, but there may be no assessment of the value those sources.
 
UPPER SECOND CLASS
60%-69%
·         The work is communicated clearly and confidently in the appropriate form and the writing style is very good
·         The structure will be reasonably well thought out and logical. There may be some irrelevant material that does not address the question.
·         The answer will have a largely accurate description of the relevant law, however, it might not be complete in some respects. No reference to the wider context in which the law operates.
·         There is a reasonable attempt to deal with the main issues in the question with mostly accurate application of the law to the facts. The conclusions drawn are generally justifiable.
·         There is a fair description of the key arguments, but there is no evidence of critical analysis.
·         A limited number of primary and secondary sources will have been used, but there may be the occasional omission of a key case or other key text.
 
LOWER SECOND CLASS
50%-59%
·         The work is communicated effectively in the appropriate form and generally free of spelling mistakes and grammatical errors.
·         The structure will be adequate, but at times may be unclear / illogical with paragraphs not flowing smoothly into each other. There may be a lot of irrelevant material and repetition.
·         There is basic knowledge of the law and the main legal points are described and explained, but they may be some errors or omissions. No reference to the wider context in which the law operates is expected.
·         Only the key issues will have been discussed and the application of the law to the facts might be weak in places. Some very basic conclusions are drawn.
·         There is basic comment on the key legal arguments, but no critical evaluation.
·         There will be reference to a very small number of key sources, and some of those sources may be misused / incorrect.
 
THIRD CLASS
40%-49%
·         The work is clearly communicated in the appropriate form, but at times may contain some elements of weak expression.
·         The structure will be poor and confused at times. There may be a lot of irrelevant material and repetition.
·         The level of knowledge shown will be superficial and there will be inaccuracies in the description of the law.
·         Only a few key issues will have been addressed and the application of the law to the facts will be poor and contain several errors and omissions. The conclusions may be inappropriate, or in some cases not drawn at all.
·         There will be no critical analysis at all.
·         There will be barely any reference to sources. The sources may be incorrect.
 
MARGINAL
FAIL
35%-39%
·         The communication of the work is inadequate and will be clumsy and contain a number of grammatical and spelling errors.
·         No logical structure with the work jumping between points / topics haphazardly.
·         There is a poor attempt to describe the law which will contain serious omissions and inaccuracies.
·         Very few of the issues will have been identified, and the application of the law will generally be weak and demonstrate a fundamental lack of understanding. The conclusions will be inappropriate. The work may also be incomplete.
·         There will be no critical analysis at all.
·         There will be very few or no references to the relevant sources. The sources may be incorrect.
 
CLEAR FAIL
0% – 34%
·         The communication of the work will be very weak and may not be in the appropriate form.
·         Structurally incoherent.
·         There is very little legal content and what there is will be inaccurately described.
·         Fails to address the key issues in any meaningful way.
·         There will be no critical analysis.
·         There will be no references to the relevant/appropriate sources.