THE BUSINESS SCHOOL

Legal Environment of Business and Employment
BFL0041 (Year 1 Accounting)
BFL0027 (Year 1 Business)
BIL0034 (Year 2 Business)

MODULE HANDBOOK
2014-2015

CONTENTS

This handbook provides information about the module and its operation.  Please study it carefully.

Section        Page

1    INTRODUCTION / WELCOME    1

2    MODULE SPECIFICATION    2

3    THE MODULE TEAM    13

4    DELIVERY INFORMATION    13
4.1    Delivery schedule    13
4.2    Seminar/Tutorial preparation    14
4.3    Module specific attendance requirements    15

5    ASSESSMENT INFORMATION    15
5.1    The assessment strategy    15
5.2    Assessment brief(s)    15
5.3    Assessment deadlines    18
5.4    Process for requesting an extension or submitting a claim for Extenuating Circumstances (ECs)    19
5.5    Formative assessment    20
5.6    Arrangements for the return of work and feedback    20
5.7    Tutor reassessment    20

6    GENERAL INFORMATION    20
6.1    Academic misconduct and referencing information    21
6.2    Further reading    21
6.3    Access to facilities    21
6.4    Health and Safety information    21
6.5    Academic Skills/Technical Support    21

Appendix                                              1
1    INTRODUCTION / WELCOME

Welcome to the Legal Environment of Business and Employment course. During this course you will learn about contracts and how they play a part in daily business. You will also learn about different legal business structures and the duties involved in employment issues.

2    MODULE SPECIFICATION

1.    Module Code                BIL0034
2.    Module Title        The Legal Environment of Business and
Employment

3.    Schools involved in delivery        University of Huddersfield Business School
4.    Name of Course(s)            BA (Hons) Business Management
BA (Hons) Marketing Management

5.    Module Leaders            Gerald Swaby
6.    Location for delivery            Queensgate
7.    Module Type                Core
8.    Credit Rating                20 Credits
9.    Level                    Intermediate

10.    Learning Methods        Lectures: 36 Hours
Seminars: 12 Hours
Unsupervised learning: 152 Hours

11.    Pre-requisites                None
12.    Recommended Prior Study        None
13.    Co-requisites                None
14.    Shared Teaching        None

15.    Professional Body Requirements       None
16.    Graded or Non Graded        Graded
17.    Barred Combinations            None
18.    Module Synopsis

A study of key aspects of law for business organisations, employers and employees, within an introductory and practical context.

19.    Outline Syllabus

The module examines the law of commercial obligations in contract particularly but also, in outline, in tort, with special emphasis on the relationship of employer and employee, distributor and customer, and professional adviser and client.  The role of statutory law and the use of codes of practice in seeking to protect the health and safety of consumers, employees and the general public will also be considered.

It proceeds to examine the framework of business and employment law.  It considers the chief division of law, civil and criminal, the main areas of civil law and the concept of property.  The creation of rights, obligations and facilities for commercial employment and property transactions by the legislature, judiciary and under Community law are then considered, in the latter case, preceded by the nature and powers of the institutions of the European Union.

Tribunals, their jurisdiction and proceedings, are considered together with an appreciation of the practicability and limits of obtaining and marshalling evidence and preparing, presenting and responding to applications.

The module proceeds to consider the range of relationships within business and employment and the legal implications of adopting them and, if appropriate, a business name.

The sole trader or practitioner, including an introduction to income tax and national insurance contributions and with an outline of Value Added Tax, with a comparison with employees, and the implications of this comparison in practice, the rights and liabilities of the sole trader towards others, and the effects of failure.

The partnership, including the Limited Liability Partnership, its existence and operation, and the rights and liability of partners between themselves and towards outsiders.  An appreciation of the incorporated company, the concept of corporate personality, the availability and limits of limited liability of members, the roles of officers and auditor, and of the statutory and regulatory environment in which they are formed, operate and wound up.

The employment relationship and the legislative and regulated environment in which it operates.   A review of the impact of employment protection and anti-discrimination protection legislation, its relationship with rights accorded by the European Convention on Human Rights and its effect in particular on advertising, interviewing, operating and terminating the employment contract, both on an individual and collective basis.  The volatile nature of legislation in this area, and the practicability of using legal proceedings in collective employment issues.

Use of legal sources, including electronic sources, and methods of legal reasoning will be a pervasive theme, and the syllabus concludes with an appreciation of the use of legislation, codes of practice and self regulation within the business commercial and professional environment, and of its use to harmonise national laws within the European Union.

20.    Learning Outcomes

Knowledge and Understanding

On completion of the module the student will:

1    understand the key elements of contract law, and be able to analyse simple contracts, including contracts of employment and for the supply of services, their formation terms, performance and discharge;
2    understand the courses and extent of non-contractual and collectively negotiated obligations within business, in employment and in the professions;
3    be able to identify and access primary legal sources, appreciate the extent of their importance and the significance of keeping up to date with change and potential changes;
4    be aware of the difficulties which sometimes arise in interpreting primary legal sources
5    be able to identify the institutions of the European Union, appreciate their law creating functions and understand the relationship between Union law and the law of England and Wales.
6    be able to identify, documents involved in, stages of and issues arising in, proceedings in tribunal;
7    understand and identify the distinguishing legal characteristics of the sole tradership, the partnership and the incorporated company;
8    understand the salient characteristics and objects of the contract of employment, and the legal environment in which it is formed, operates and is terminated;

9    appreciate the benefit to all in a business environment of instilling and maintaining good practice consistent with, and supportable by, law, and appreciate the need to monitor potential legislative change;
10    understand the limits of his or her knowledge and be able to identify situations in     which to call     for further advice;

Abilities

On completion of the module the student will be able to:

11    analyse a case involving the application of contract law principles, extract the operative principles and apply them to other comparable cases;
12    prepare a critical written analysis of a problem which identifies relevant contract law principles which may involve an employment context, identify remedies and obligations appropriate to the circumstances, and present oral analysis and argument to a peer group and to the tutor;
13    prepare a critical written analysis of a problem which identifies issues of business personality which may involve a collective employment aspect,  and identify remedies and obligations appropriate to the circumstances, and present oral analysis and argument to a peer group and to the tutor;
14    distinguish between the sole trader or practitioner and an employee and between a partnership and an incorporated company;
15    evaluate the extent to which controllers and owners of such have rights and obligations within the business organisation, if appropriate, and towards outsiders;
16    appreciate the extent to which law may regulate their formation and operation;
17    assess the extent to which employment practices comply with statutory requirements, codes of practice and support the employer’s objects, and be able to critically evaluate whether change is required or advisable;
18    plan and action simple proceedings in tribunal;
19    effectively communicate conclusions, advice and the results of study and analysis accurately and reliably, to both a specialist and a non-specialist audience.

21.    Assessment Strategy

21.1    Formative Assessment

A range of formative devices typically in-class tests, formative feedback on summative assessments, reviews of files and folders etc., will be used by tutors to aid learning.  The exact nature of these assessment devices is at the discretion of the module tutor.

21.2    Summative Assessment

Assessment tasks (including assessment weightings)

Coursework
Knowledge and understanding outcomes, and ability outcomes 1,3,10 and 11 will be assessed in part by the production of a written analysis of a contract problem, which, as the minor assessment component, will form 30% of the module assessment mark, and, in part by a two-hour examination at the end of the module, when prescribed source material will be permitted as a resource.  Marking is not anonymous. Students will be offered the opportunity to do a Tutor Reassessment

Exam
The examination, as the major and final assessment component, will form 70% of the module assessment mark. All outcomes are assessed
Marking of the exam is anonymous

Assessment Criteria

The assessment criteria are as set out in the University of Huddersfield Business School Assessment Guidelines.  The guidelines provide criteria for the assessment of both coursework and examinations.

22.    Learning Strategy

The module will be based upon lectures, which will aim to identify and explain principles relevant to the knowledge outcomes, supported by tutorials, and private study.  The tutorials will require students to undertake preliminary reading, research and problem analysis and practice learning outcome.  In the tutorials students will be given the opportunity to articulate arguments to the peer group and the tutor, and may be required to do so.

In tutorials it is anticipated that students following different pathways will be encouraged, as occasion lends itself, to research and cite illustrative aspects of the syllabus particularly germane to their pathway.  For example, for the study of tribunals and procedure, different seminar groups will study tribunals and conclusion mechanisms appropriate to their pathway.  Thus students following accountancy and finance-related pathways will study VAT tribunals and Income Tax Commissioners, students following transport and logistics pathways will study the Traffic Commissioners and illustrative aspects of magistrate’s courts procedure, and students following Human Resource pathways will study employment tribunals, the Employment Appeals Tribunal, ACAS, and the significance of Codes of Practice issued by government bodies.

Appendix 1:

Indicative Reading (Latest Editions)

A reading list will be handed out to students at the start of the module.

1.    Module Code    BFL 0041

2.       Module Title          The Legal Environment of
Business and Employment (For Accountants)

3.    Schools involved in delivery    University of Huddersfield Business School

4.        Name of Course(s)              BA (Hons) Accountancy & Finance
BA (Hons) Accountancy Suite
BA (Hons) Business Studies
BA (Hons) International Business (Top-Up)

5.    Module Leader    Gerald Swaby

6.    Location for delivery    Queensgate

7.    Module Type    Core

8.    Credit Rating    20 Credits

9.    Level    Foundation

10.     Learning Methods    Lectures:        36 Hours
Seminars:        12 Hours
Private Study:    152 Hours

11.    Pre-requisites    None

12.    Recommended Prior Study    None

13.    Co-requisites    None

14.     Shared Teaching    None

15.     Professional Body Requirements    Students seeking Accountancy professional body
accreditation will be required to obtain a minimum of 35% in each major component of assessment and a minimum of 40% overall

16.    Barred Combinations    None

17.    Graded or Non Graded    Graded

18.     Synopsis

A study of key aspects of law for business organisations, employers and employees, within an introductory and practical context.

19.    Outline Syllabus

The module examines the law of commercial obligations in contract particularly but also, in outline, in tort, with special emphasis on the relationship of employer and employee, distributor and customer, and professional adviser and client.  The role of statutory law and the use of codes of practice in seeking to protect the health and safety of consumers, employees and the general public will also be considered.

It proceeds to examine the framework of business and employment law.  It considers the chief division of law, civil and criminal, the main areas of civil law and the concept of property.  The creation of rights, obligations and facilities for commercial employment and property transactions by the legislature, judiciary and under European Union law are then considered, in the latter case, preceded by the nature and powers of the institutions of the European Union.

Tribunals, their jurisdiction and proceedings, are considered together with an appreciation of the practicability and limits of obtaining and marshalling evidence and preparing, presenting and responding to applications.

The module proceeds to consider the range of relationships within business and employment and the legal implications of adopting them and, if appropriate, a business name.

The sole trader or practitioner, including an introduction to income tax and national insurance contributions and with an outline of Value Added Tax, with a comparison with employees, and the implications of this comparison in practice, the rights and liabilities of the sole trader towards others, and the effects of failure.

The partnership, including the Limited Liability Partnership, its existence and operation, and the rights and liability of partners between themselves and towards outsiders.  An appreciation of the incorporated company, the concept of corporate personality, the availability and limits of limited liability of members, the roles of officers and auditor, and of the statutory and regulatory environment in which they are formed, operate and wound up.

The employment relationship and the legislative and regulated environment in which it operates.   A review of the impact of employment protection and anti-discrimination legislation, its relationship with rights accorded by the European Convention on Human Rights and its effect in particular on advertising, interviewing, operating and terminating the employment contract, both on an individual and collective basis.  The volatile nature of legislation in this area, and the practicability of using legal proceedings in collective employment issues.

Use of legal sources, including electronic sources, and methods of legal reasoning will be a pervasive theme, and the syllabus concludes with an appreciation of the use of legislation codes of practice and self regulation within the business commercial and professional environment, and of its use to harmonise national laws within the European Union.

20.    Learning Outcomes

Knowledge and Understanding Outcomes

On completion of this module students will:

1    understand the basic elements of contract law, and be able to analyse simple contracts, including contracts of employment and for the supply of services, their formation, terms, performance and discharge;
2    understand the courses and extent of non-contractual and collectively negotiated obligations within business, in employment and in the professions;
3    be able to identify and access primary legal sources, appreciate the extent of their importance and the significance of keeping up to date with change and potential changes;
4    be able to identify the institutions of the European Union, appreciate their law creating functions and understand the relationship between Community law and the law of England and Wales.
5    Be able to identify, documents involved in, and stages of proceedings in tribunal;
6    Understand and identify the distinguishing legal characteristics of the sole tradership, the partnership and the incorporated company;
7    Understand the salient characteristics and objects of the contract of employment, and the legal environment in which it is formed, operates and is terminated;
8    appreciate the benefit to all in a business environment of instilling and maintaining good practice consistent with, and supportable by, law, and appreciate the need to monitor potential legislative change;

Ability Outcomes

On completion of this module students will be able to:

9    analyse a case involving the application of contract law principles, extract the operative principles and apply them to other comparable cases;
10    prepare a written analysis of a problem which identifies relevant contract law principles which may involve an employment context, identify remedies and obligations appropriate to the circumstances, and present oral analysis and argument to a peer group and to the tutor;
11    prepare a written analysis of a problem which identifies issues of business personality which may involve a collective employment aspect, and identify remedies and obligations appropriate to the circumstances, and present oral analysis and argument to a peer group and to the tutor;
12    distinguish between the sole trader or practitioner and an employee and between a partnership and an incorporated company;
13    explain the extent to which controllers and owners of such have rights and obligations within the business organisation, if appropriate, and towards outsiders;
14    appreciate the extent to which law may regulate their formation and operation;
15    assess the extent to which employment practices comply with statutory requirements, codes of practice and support the employer’s objects, and be able to identify whether change is required or advisable;
16    plan and action simple proceedings in tribunal;
17    Communicate conclusions and the results of study and analysis accurately and reliably;

21.    Assessment Strategy

21.1    Formative assessment

A range of formative devices typically in-class tests, formative feedback on     summative assessments, reviews of files and folders etc., will be used by tutors to aid     learning.  The exact nature of these assessment devices is at the discretion of the     module tutor.

21.2    Summative Assessment

Assessment tasks (including assessment weightings)

Coursework
Knowledge and understanding outcomes, and ability outcomes 1,3, 10 and 11  will be assessed in part by the production of a written analysis of a contract problem of2,000 word which, as the minor assessment component, will form 30% of the module assessment mark, and, in part by a three-hour examination at the end of the module, when prescribed source material will be permitted as a resource.
An opportunity to do a tutor reassessment will be offered. Marking is not anonymous.

Examination
The 3hr examination, as the major and final assessment component, will form 70% of the module assessment mark and will address all knowledge and understanding and ability outcomes

Marking of the exam is anonymous

Assessment Criteria

The assessment for criteria is as set out in the University of Huddersfield Business School Assessment Guidelines.  The guidelines provide criteria for the assessment of both courseworks and examinations.

22.    Learning Strategy

The module will be based upon lectures, which will aim to identify and explain principles relevant to the knowledge outcomes, supported by tutorials, and private study.  The tutorials will require students to undertake preliminary reading, research and problem analysis and practice learning outcome.  In the tutorials students will be given the opportunity to articulate arguments to the peer group and the tutor, and may be required to do so.

In tutorials it is anticipated that students following different pathways will be encouraged, as occasion lends itself, to research and cite illustrative aspects of the syllabus particularly germane to their pathway.  For example, for the study of tribunals and procedure, different seminar groups will study tribunals and conclusion mechanisms appropriate to their pathway.  Thus students following accountancy and finance-related pathways will study VAT tribunals and Income Tax Commissioners, students following transport and logistics pathways will study the Traffic Commissioners and illustrative aspects of magistrate’s courts procedure, and students following Human Resource pathways will study employment tribunals, the Employment Appeals Tribunal, ACAS, and the significance of Codes of Practice issued by government bodies.

Appendix 1:

Indicative Reading (Latest Editions)

A reading list will be handed out to students at the start of the module.

1.    Module Code                BFL0027
2.    Module Title        The Legal Environment of Business and     Employment

3.    Schools involved in delivery        University of Huddersfield Business School
4.    Name of Course(s)            BA (Hons) Business Studies
BA (Hons) International Business
BA (Hons) Business Studies with                                     Environmental Management
BA (Hons) Business Management
BA (Hons) Marketing Management
BA (Hons) Enterprise Development

5.    Module Leaders            Gerald Swaby
6.    Location for delivery            Queensgate & UCO
7.    Module Type                Core BA (Hons) Business Management
BA (Hons) Marketing Management
BA (Hons) Business Studies with     Environmental Management
BA (Hons) Enterprise Development
Option BA (Hons) Business Studies
BA (Hons) International Business

8.    Credit Rating                20 Credits
9.    Level                    Intermediate

10.    Learning Methods        Lectures: 36 Hours
Seminars: 12 Hours
Unsupervised learning: 152 Hours

11.    Pre-requisites                None
12.    Recommended Prior Study        None
13.    Co-requisites                None
14.    Shared Teaching            None
15.    Professional Body Requirements        None
16.    Graded or Non Graded        Graded
17.    Barred Combinations            None
18.    Module Synopsis

A study of key aspects of law for business organisations, employers and employees, within an introductory and practical context.

19.    Outline Syllabus

The module examines the law of commercial obligations in contract particularly but also, in outline, in tort, with special emphasis on the relationship of employer and employee, distributor and customer, and professional adviser and client.  The role of statutory law and the use of codes of practice in seeking to protect the health and safety of consumers, employees and the general public will also be considered.

It proceeds to examine the framework of business and employment law.  It considers the chief     division of law, civil and criminal, the main areas of civil law and the concept of property.  The     creation of rights, obligations and facilities for commercial employment and property transactions by the legislature, judiciary and under Community law are then considered, in the latter case, preceded by the nature and powers of the institutions of the European Union.

Tribunals, their jurisdiction and proceedings, are considered together with an appreciation of the practicability and limits of obtaining and marshalling evidence and preparing, presenting and responding to applications.

The module proceeds to consider the range of relationships within business and employment and the legal implications of adopting them and, if appropriate, a business name.

The sole trader or practitioner, including an introduction to income tax and national insurance contributions and with an outline of Value Added Tax, with a comparison with employees, and the implications of this comparison in practice, the rights and liabilities of the sole trader towards others, and the effects of failure.

The partnership, including the Limited Liability Partnership, its existence and operation, and the rights and liability of partners between themselves and towards outsiders.  An appreciation of the incorporated company, the concept of corporate personality, the availability and limits of limited liability of members, the roles of officers and auditor, and of the statutory and regulatory environment in which they are formed, operate and wound up.

The employment relationship and the legislative and regulated environment in which it operates.   A review of the impact of employment protection and anti-discrimination protection legislation, its relationship with rights accorded by the European Convention on Human Rights and its effect in particular on advertising, interviewing, operating and terminating the employment contract, both on an individual and collective basis.  The volatile nature of legislation in this area, and the practicability of using legal proceedings in collective employment issues.

Use of legal sources, including electronic sources, and methods of legal reasoning will be a pervasive theme, and the syllabus concludes with an appreciation of the use of legislation, codes of practice and self-regulation within the business commercial and professional environment, and of its use to harmonise national laws within the European Union.

20.    Learning Outcomes

Knowledge and Understanding

On completion of the module the student will:

1    understand the key elements of contract law, and be able to analyse simple contracts, including contracts of employment and for the supply of services, their formation terms, performance and discharge;
2    understand the courses and extent of non-contractual and collectively negotiated obligations within business, in employment and in the professions;
3    be able to identify and access primary legal sources, appreciate the extent of their importance and the significance of keeping up to date with change and potential changes;
4    be aware of the difficulties which sometimes arise in interpreting primary legal sources
5    be able to identify the institutions of the European Union, appreciate their law creating functions and understand the relationship between Union law and the law of England and Wales.
6    be able to identify, documents involved in, stages of and issues arising in, proceedings in tribunal;
7    understand and identify the distinguishing legal characteristics of the sole tradership, the partnership and the incorporated company;
8    understand the salient characteristics and objects of the contract of employment, and the legal environment in which it is formed, operates and is terminated;

9    appreciate the benefit to all in a business environment of instilling and maintaining good practice consistent with, and supportable by, law, and appreciate the need to monitor potential legislative change;
10    understand the limits of his or her knowledge and be able to identify situations in which to call for further advice;

Abilities

On completion of the module the student will be able to:

11    analyse a case involving the application of contract law principles, extract the operative principles and apply them to other comparable cases;
12    prepare a critical written analysis of a problem which identifies relevant contract law principles which may involve an employment context, identify remedies and obligations appropriate to the circumstances, and present oral analysis and argument to a peer group and to the tutor;
13    prepare a critical written analysis of a problem which identifies issues of business personality which may involve a collective employment aspect,  and identify remedies and obligations appropriate to the circumstances, and present oral analysis and argument to a peer group and to the tutor;
14    distinguish between the sole trader or practitioner and an employee and between a partnership and an incorporated company;
15    evaluate the extent to which controllers and owners of such have rights and obligations within the business organisation, if appropriate, and towards outsiders;
16    appreciate the extent to which law may regulate their formation and operation;
17    assess the extent to which employment practices comply with statutory requirements, codes of practice and support the employer’s objects, and be able to critically evaluate whether change is required or advisable;
18    plan and action simple proceedings in tribunal;
19    effectively communicate conclusions, advice and the results of study and analysis accurately and reliably, to both a specialist and a non-specialist audience.

21.    Assessment Strategy

21.1    Formative Assessment

A range of formative devices typically in-class tests, formative feedback on summative assessments, reviews of files and folders etc., will be used by tutors to aid learning.  The exact nature of these assessment devices is at the discretion of the module tutor.

21.2    Summative Assessment

Assessment tasks (including assessment weightings)

Knowledge and understanding outcomes, and ability outcomes 1,3,10 and 11 will be assessed in part by the production of an individual written analysis of a contract problem (approx 2500 words), which, as the minor assessment component, will form 30% of the module assessment mark and in part by a two-hour examination at the end of the module, when prescribed source material will be permitted as a resource.  Marking is not anonymous. Students will be offered the opportunity to do a Tutor Re-assessment

The two-hour examination, as the major and final assessment component, will form 70% of the module assessment mark. All outcomes are assessed.
Marking of the exam is anonymous.

Assessment Criteria

The assessment criteria are as set out in the University of Huddersfield Business School Assessment Guidelines. The guidelines provide criteria for the assessment of both coursework and examinations.

22.        Learning Strategy

The module will be based upon lectures, which will aim to identify and explain principles relevant to the knowledge outcomes, supported by tutorials, and private study.  The tutorials will require students to undertake preliminary reading, research and problem analysis and practice learning outcome.  In the tutorials students will be given the opportunity to articulate arguments to the peer group and the tutor, and may be required to do so.

In tutorials it is anticipated that students following different pathways will be encouraged, as occasion lends itself, to research and cite illustrative aspects of the syllabus particularly germane to their pathway.  For example, for the study of tribunals and procedure, different seminar groups will study tribunals and conclusion mechanisms appropriate to their pathway.  Thus students following accountancy and finance-related pathways will study VAT tribunals and Income Tax Commissioners, students following transport and logistics pathways will study the Traffic Commissioners and illustrative aspects of magistrate’s courts procedure, and students following Human Resource pathways will study employment tribunals, the Employment Appeals Tribunal, ACAS, and the significance of Codes of Practice issued by government bodies.

Appendix

Indicative Reading (Latest Editions)

A reading list will be handed out to students at the start of the module.

3    THE MODULE TEAM

The address for the Department within which your module is situated is:

University of Huddersfield Business School
Queensgate
Huddersfield
HD1 3DH

Staff involved in the organisation and delivery of this module are as follows:
Alex Thompson     Course Administrator    BS1/03    01484 472529
[email protected]
Joanne Bettye    Departmental Secretary    BS3/21    01484 473939
[email protected]
Notification of Absence    Business School Reception    N/A    [email protected]
Gerald Swaby    Module Leader    BS3/15    01484 472831
[email protected]
Jackie Lane    Module Tutor    BS3/15    01484 473625
[email protected]

You can normally expect academic staff to be available in their offices at the times displayed on the notices outside their rooms – you do not need an appointment to meet with staff during these times.

Contact details for all Business School staff can be found at http://www.hud.ac.uk/uhbs/staff/

Course Administrator
The Course Administrator has responsibility for providing a full and responsive administrative service in support of the processes and procedures associated with student and course administration.  If you have a problem in accessing systems for results, Unilearn or issues with your module, please contact your Course Administrator.  They can also give you guidance in relation to the submission of Extenuating Circumstances and take details of any evidence being submitted in relation to your claim.

Departmental Secretary
The Departmental Secretary can be contacted with general enquiries.

Module Leader
The Module Leader has the overall responsibility for organising, delivering and assessing a module.  It is the Module Leader who you should see with any queries or problems related to a specific module, if the Course Administrator or Departmental Secretary can’t help.

4    DELIVERY INFORMATION

4.1    Delivery schedule
Contract Law 1
Contract Law 2
Contract Law 3
Employment Law 1
Employment Law 2
Employment Law 3
Business Names and Sole Traders
Company Law 1
Company Law 2
Introduction to European Union Law
Introduction to Human Rights Law

4.2    Seminar/Tutorial preparation

Tutorials have various aims. These include:

To develop your analytical skills: in particular, to enable you to dissect factual situations in order to pick out the facts which have legal significance and to apply the relevant rules of law to them;

To develop your awareness of the economic, social, and to some extent the political environment in which the law operates;

To enable you to deepen your knowledge and understanding of the subject through directed reading;

To give you time to discuss any issues or aspects that you find difficult;

Finally, and not least, tutorials are provided to enable you to develop good techniques that ensure success in the examination which, as stated earlier, is very important in this subject.

None of this can happen unless you make proper preparation for each tutorial. The course contact time allows you approximately 10 hours per week for a 30 credit module/ 6hours per week for a 20 credit to prepare for your tutorial, so there is no reason why you should not prepare thoroughly.

Remember to make a note of any questions you have arising from your reading – any difficult points or ambiguities that you want cleared up – and make sure that you raise these at the tutorial.

Work through the questions on the tutorial sheet and make notes on the answers. These need not be written out in essay style, but the notes should be full enough to be comprehensible. Try to work all the way through to a conclusion.

In doing this bear in mind that every legal statement must be backed up with authority; that means that you need to be able to refer to a case or statutory provision which establishes the point you are making.

Bear in mind also what you have been asked to do: Is it to “Advise X” or “Discuss” or something else? If the question is not a problem-style question, make notes of the points you would make for and against the proposition that is under discussion.

After the tutorial, review the whole topic and ensure that your notes are complete and that there is nothing that you have not understood

You must attend tutorials once every fortnight.

4.3    Attendance requirements
As a registered student of the University, you are expected to attend your scheduled classes.  If you miss classes or are late, your absence will be noted and you may find that you have to explain your poor attendance.  Continued poor attendance will lead to exclusion from your course.  The regulations governing this can be found at http://www.hud.ac.uk/registry/regulationsandpolicies/studentregs  just click on the Student Attendance Policy.

For full details on how to register your attendance and report any periods of absence, please refer to your course handbook.

5    ASSESSMENT INFORMATION

5.1    The assessment strategy

The form of assessment will be one piece of coursework of 2500 words and a two or three hour examination.  The coursework will account for 30% of your overall mark and the end of module examination 70%.

5.2    Assessment brief(s)

COURSEWORK TITLE ‘Contracts in Business 2014’

Module Title

THE LEGAL ENVIRONMENT OF BUSINESS AND EMPLOYMENT
Module Code
BFL0041
BFL0027
BIL 0034
L

LEARNING OUTCOMES:
1. Understanding the essential characteristics of the formation of a contract in regard to a problem situation
2. Identifying and accessing primary legal sources, appreciating the extent of their importance and the significance of keeping up to date with change and potential changes.

COURSEWORK

Answer all questions. Each question is worth 25 marks

1. Arthur decides to sell his car and puts an advert in the Huddersfield Express in Monday’s newspaper that reads, ‘For Sale. WV Golf, Blue, excellent condition, recently serviced, 10,000 miles, £5,000 or nearest offer. Tel. 07774 555444 or call in at 1, Riverside Avenue, Huddersfield.’

On Monday he writes a letter to Sasha saying “As you expressed an interest in buying my car I thought you would like to know that I am willing to sell it to you for £4,500. Let me know by Thursday”.

On Tuesday Sasha writes back saying “Here is my cheque for £4,500” She puts it in the post that night.

On Friday morning, Sasha’s letter has still not arrived. Later that day Arthur receives a text message from Simon, which reads, “I’ll give you £5000 for the car. I’ll pick it up tomorrow”. Arthur replied “OK”.

Explain to Arthur with which party he will have a valid contract. Give full reasons with case law illustrations. (25 marks)

2. Explain with examples why goods should be of satisfactory quality and fit for purpose. (25 marks)

3. Explain with examples how terms are incorporated into a contract. (25 marks)

4. Explain with examples contractual remedies. (25 marks)

Word Limit:    2500 The limit excludes the bibliography or reference list, footnotes, appendices and details of the assessment task.
The penalty for exceeding the word limit is set out in your Course Handbook on UniLearn.
Submission Date:    19 December 2014
Date work and feedback returned    30 January 2015 – three term time weeks after date of submission
Time:    11:59 pm via Turnitin – please note penalties for late submission.
Notes:    •    Your coursework must be word-processed.  Failure to comply WILL result in a maximum mark of 40%.
•    Failure to comply with the word limit WILL result in the application of the standard penalty (details in your Course Handbook on UniLearn).
•    Your work MUST be submitted via Turnitin NO LATER than 11:59 pm on the submission date.  It is the student’s responsibility to comply with this requirement.
•    A receipt will be automatically issued after submission of the coursework to Turnitin.
•    Your attention is drawn to the rules on academic misconduct (including unattributed citations from textbooks etc.).
•    Refer to your Student Handbook for the penalties for non-compliance.

The University regards any action by a student that may result in an unfair academic advantage as a serious offence.  It is your responsibility to ensure at all times that the assessments you complete are entirely your own work and that you have used the relevant referencing technique correctly and in full.  The full set of regulations which govern Academic Integrity can be found under Section 4, Assessment Regulations 3 and 4 at http://www2.hud.ac.uk/registry/students_handbook.php

Further information on academic integrity, including an overview of the support available for referencing, can be found within your course handbook; it is important that you familiarise yourself with this information.

GENERAL ASSESSMENT CRITERIA – UNDERGRADUATE
The criteria below are not intended to be either exhaustive or definitive and are to be taken as guidelines rather than imposing absolute standards. In instances where these guidelines are not applicable, for example in the case of presentations or group work, the particular assessment criteria to be used should be clearly specified.

Mark range 90 – 100%
A piece of work should fall within this class if it displays characteristics of:
•    Original, incisive and creative research, using relevant and contemporary literature
•    Outstanding comprehension displayed
•    Insightful, outstanding analysis
•    Compelling evidence, supporting analysis
•    Complete and authoritative piece of work

Mark range 80 – 89%
Work in this category will display characteristics of:
•    Original, incisive and creative research, using relevant and contemporary literature
•    Outstanding comprehension  displayed, with some evidence of misconceptions/errors
•    Outstanding analysis, though lacking some relevant insights
•    Compelling evidence, supporting analysis
•    An authoritative piece of work, though may lack completeness

Mark range 70 – 79%
Work in this category should display an excellent understanding of the assessment area, with a clear demonstration of pertinent, critical analysis.  Work presented will  demonstrate an excellent understanding of appropriate concepts and contemporary, contextual appreciation of literature.

Mark range 60 – 69%
Work in this category should display a high level of competence, with clear demonstration of critical analysis relevant to assessment requirement and some contemporary, contextual appreciation of literature.

Mark range 50 – 59%
Work in this category should display overall competence, however it will be lacking in analytical depth and /or display a limited comprehension of the subject matter so that the work falls short of a B grade. A good deal of the relevant content may have been presented by the student but this will be less well articulated and developed than the grade B student. The more difficult concepts will be omitted or dealt with superficially. The application of the principles and theory to the problem/question will be more limited and perhaps dealt with in a more “re-gurgitative” manner. The work may contain minor errors; however there should be no major misunderstandings.

Mark range 40 – 49%
Work will fall into this category if it contains relevant material in relation to the issues raised by the problem/question, including the central issue. The answer will be presented in a coherent and largely correct manner, although the analytical aspects and comprehension will be of a limited nature. Use of principles, theory and evidence may be poor and the overall coverage of the subject matter will be of a limited nature.

Mark range 30 – 39%
Work in this category has elements that are correct: however the work displays a number of major misconceptions that call into question the student’s comprehension of the material. The analytical contents may be very weak or even non-existent. Application of principles, theory and evidence to the problem may be weak. Overall coverage may be poor. Reference to sources or authorities may be weak or inappropriate. Structure may be weak.

Mark range – below 30%
The work is limited and contains fundamental errors that indicate a substantial lack of comprehension by the student. There will be little or no analytical content and the references to authorities and sources will very limited or non-existent. The presentation and structure of the work may be poor. The work may also be characterized by falling far short of the overall word limit and possibly repetition of material or arguments. Conclusions may be non-existent or limited.

5.3    Assessment deadlines

Element of assessment     Submission method    Submission date    Receipt issued    Date work and feedback returned
Coursework     Turnitin    19/12/14    Yes    30/01/15 – 3 term time weeks after date of submission

It is important that you keep a copy of all of the work you submit for assessment.  You are strongly advised to use the electronic storage system provided by the University, using the allocated space on the ‘K’ drive.

It is School policy that all assessed work must be submitted electronically via Turnitin, by 23:59 on the published date of submission.  No hard copies should be submitted unless this is identified as a requirement in the Assessment Brief.  Where hard copies are required, please ensure the work submitted is stapled in the top left hand corner, not submitted in folders or ring binders and your student ID number and name are clearly visible on the assessment.

If you are not able to submit by the deadline, you must inform your Course Leader.  Depending on the circumstances, you may need to ask for an extension or submit an extenuating circumstances form – see Section 5.4 below.

Assessed work which is submitted late but within five working days of the agreed submission date will be accepted and the maximum mark available for that piece of assessment will be 40%.  This does not apply to the submission of assessed work relating to Tutor Reassessment, referral or deferral requirements but does apply to previously agreed extended or renegotiated deadlines.  Work submitted later than this without an approved extension will receive a mark of 0%.

Please note that loss of data or printing error are not deemed to be acceptable reasons for the late submission of work.

5.4    Process for requesting an extension or submitting a claim for Extenuating Circumstances (ECs)
There are procedures in place for you to request a short extension to a deadline but this request has to be made no later than two working days after the published submission date.

If you have difficulties such as a short term illness and need to request an extension, you should submit a request via the eCover extension and submission system – supporting information to confirm your circumstances may be required.  A guide to the eCover system is available on the intranet.

Late requests for extensions are not accepted and you run the risk of scoring a maximum of 40% for that piece of work if submitted late but within 5 working days of the original deadline, or 0% if submitted later than this without an approved extension.

The University understands that there may be times when your ability to complete a piece of assessed work or to concentrate on your studies may be hindered by factors beyond your control – such as illness or significant personal difficulties.  The regulations include a process to allow students who are affected in this way to bring these extenuating circumstances (ECs) to the attention of the relevant people in the School (such as the Course Assessment Board) so that proper account can be taken.  Please be aware that a claim for ECs will usually only be accepted where you’ve been able to demonstrate that the circumstances described have had a direct impact on you and were substantial and unexpected – in all other cases students would be expected to negotiate an extension.  The regulations for ECs can be found in Section 5 at http://www.hud.ac.uk/registry/regulationsandpolicies/studentregs
When completing an EC form please be careful to include the correct modules and assessments and to be sure that you attach appropriate and acceptable evidence to your claim.

Once completed your claim has to be submitted to the Course Administration Office (BS1/03) within 5 working days of the date by which your assessment should have been completed.

5.5    Formative assessment

Please note that there is a formative feedback exercises in the tutorials.  Students are required to prepare a typed answer to tutorials.  The tutor will talk students through the answers and thus give them the opportunity to assess how well they answered it.

5.6    Arrangements for the return of work and feedback
You should normally receive feedback on your assessments three teaching (i.e. term time) weeks after the submission date for the assessment.  Dates for the return of work and feedback are indicated within Section 5.3 of this handbook.  Feedback should help you understand why you received the mark and what you can do to improve your performance in future assessments.

You can obtain feedback on your coursework by accessing it via Turnitin three weeks after the submission date.  You will be given a lecture detailing general feedback on the coursework question in the first lecture three weeks after the submission date.  You may discuss any queries you have about your coursework feedback in the lecture or by appointment with the tutor who marked it.

5.7    Tutor Reassessment
Tutor Reassessment (TR) is where a student is given a single opportunity to re-submit an eligible piece of work and for it to be remarked prior to the meeting of the Course Assessment Board.  Tutor reassessment will only be offered if you submit a piece of work for the original assessment and achieve a mark of between 0 and 39%.  The maximum mark available for a tutor reassessment is 40%.

The full regulations for tutor reassessment can be found in Section E at http://www.hud.ac.uk/registry/regulationsandpolicies/studentregs
As indicated in Section 5.1 above, the following piece(s) of assessment are eligible for tutor reassessment:

Element of assessment     Submission method    TR submission date    Receipt issued    Date work and feedback returned
Coursework    Turnitin    13/02/15    Yes    06/03/15 – 3 term time weeks after date of submission

If you are eligible for tutor reassessment, you will be notified after return of the coursework.  TR courseworks must be submitted via Turnitin and feedback will be given in the usual way on the coursework and made available three weeks after submission.

6    GENERAL INFORMATION

6.1    Academic misconduct and referencing information
The University regards any action by a student that may result in an unfair academic advantage as a serious offence.  It is your responsibility to ensure at all times that the assessments you complete are entirely your own work and that you have used the relevant referencing technique correctly and in full.  The full set of regulations which govern Academic Integrity can be found under Section 4, Assessment Regulations 3 and 4 at http://www2.hud.ac.uk/registry/students_handbook.php

Further information on academic integrity, including an overview of the support available for referencing, can be found within your course handbook; it is important that you familiarise yourself with this information.

6.2    Further reading
Keenan and Riches Business Law, S. Riches and Vida Allen, latest edition (Pearson) (available as an e-book through the University library)

6.3    Arrangements for borrowing equipment/accessing labs/studios
If you wish to borrow equipment or gain access to specialist facilities please discuss your requirements with your Course leader or Year Tutor.

6.4    Aspects of Health and Safety specific to the module
An overview of the Health and Safety arrangements in place for both the University and the Business School can be found within your course handbook.

6.5    Academic Skills/Technical Support
The Learning Development Group offers study skills support to all students within the Business School, covering topics such as reading, research, academic writing (including referencing) and reflective practice.  Their contact details can be found within Unilearn under the ‘Learning Development Group’ tab.

Appendix

TUTORIAL 1     INTRODUCTION TO THE MODULE
AIMS AND OBJECTIVES

At the end of this tutorial you should be able to:

•    Understand in outline the topics to be covered in the module
•    Understand how the module will be assessed
•    Appreciate the impact of the law on the running of a business

1.    Consider in what ways you have been personally involved with “the Law” and legal issues.

2. Mary, Sajad and Rashida are graduates of the University of Bruddersfield Business School.  Sajad has a degree in Computer Science, Mary has a degree in Management and Rashida has a degree in Accountancy.

Sajad spends all his spare time repairing computers for friends. One evening, Mary asks Sajad why he doesn’t go into business on his own. She tells Sajad that she thinks that there must be a market for his skills and persuades Sajad to let her devise a business strategy for him.  Sajad likes the idea of working for himself but is worried about all the legal matters that he might have to face.

Sajad decides to go ahead with the business on his own, but Mary and Rashida agree that they will help him in on informal basis until they have done some more training.

Sajad decides that he will start off his business by placing an advert in the Bruddersfield Gazette.  He decides to call his business “Wonder Whiz Repairs”.

Sajad decides that he needs a car in order to collect computers from homes and businesses to bring back to the workshop which he has set up in his parents’ garage.  He agrees to buy a car from Rip Off Garages and asks a local printing firm to design a logo for use with his business.  The car breaks down on his first business trip.  When repairing a computer, he wipes off the information on the hard drive. Because he has been so busy, he forgets to tax and insure the car and is stopped by the police.  Sajad decides he can’t work with Mary so tells her not to come any more.   The printing firm fail to design the logo and the neighbours object to the garage being used for a business.

List the legal issues that you think that Sajad might have to consider:

TUTORIAL 2  INTRODUCTION TO THE LAW
AIMS AND OBJECTIVES
At the end of this tutorial you should be able to:
•    appreciate the importance of legal principles in the commercial, employment and business environment
•    understand the differences between the criminal law and the civil law
•    analyse a report of a case
•    explain in outline the doctrine of precedent

1. Read the report of the case of O’Brien v MGN Ltd, Court of Appeal – Civil Division, August 01, 2001, [2001] EWCA Civ 1279 (see below) and be prepared to give FULL answers to the following questions:

(a)     Is this a civil or criminal case?
(b)     In which court was the decision made?
(c)     What is the case about?
(d)     What did the claimant want?
(e)     Who did the claimant sue?
(f)     Did the claimant win or lose his appeal?
(g)     Who are Potter LJ, Hale LJ, Sir Anthony Evans?
(h)     Who are Hills, Lovells and Christopher Carr QC?
(i)    To which court might the claimant appeal?
(j)    Which area of law did the case involve?
(k)     Using the doctrine of precedent, explain which courts may have to follow this decision.

O’Brien v MGN Ltd
Contract – Conditions – Incorporation in contract – Scratchcard competition in newspaper – Condition of entering competition contained in newspaper in form of set of rules – Scratchcard stating that players should refer to rules in newspaper – Claimant believing that he had won prize – Defendant asserting that claim precluded by particular rule – Whether rule a term of contract – Whether rule sufficiently brought to the attention of claimant
[2001] EWCA Civ 1279, (Transcript: Smith Bernal)

COURT OF APPEAL (CIVIL DIVISION)
POTTER, HALE LJJ, SIR ANTHONY EVANS

J Crystal for the Appellant
C Carr QC and S Hossain for the Respondent
Hills; Lovells

HALE LJ
[1] The claimant suffered a cruel disappointment on Monday 3 July 1995. He thought that he had won £50,000 in the scratchcard game played in the Daily Mirror that day. Mirror Group Newspapers thought otherwise. The issue is whether the contract between them incorporated the Mirror Group’s rules. It would make an excellent question in an undergraduate contract law seminar or examination. Like all good questions, it is easy to ask and difficult to answer. On 29 June 2000, in the Queen’s Bench Division of the High Court sitting in Liverpool, HHJ Hegarty QC answered it in the affirmative and dismissed the claimant’s claim. He gave permission to appeal to this court.
The facts
[2] The scratchcard game was launched in the Daily Mirror on 29 April 1995 and later extended to the Sunday Mirror and the People. Scratchcards were printed for particular newspapers published on particular dates. There were three ways of winning or (as the Defendant put it) ‘playing’. When the covering foil was scratched off five sums of money were revealed. The first way to win was if three of those sums were the same. This was used for the large numbers of smaller prizes. The second way to win was if two of those sums were the same and matched the sum announced in the relevant newspaper for the relevant date. The third way to win was if two of those sums were the same and matched the sum discovered by telephoning a premium rate telephone number announced in the relevant newspaper on the relevant date. This last version of the game was launched on Sunday 25 June 1995 and was not available with every publication.
[3] On that Sunday, 25 June, the claimant bought a copy of The People from his local garage. With it came a card with several sections: three red sections for use with The People that day, three green sections for use with The People next Sunday, and two blue sections, one to use with the Daily Mirror the next day, and one to use with the Daily Mirror on Monday 3 July 1995. The claimant therefore bought a copy of the Daily Mirror from the same garage on Monday 3 July. His card revealed two sums of £75 and two sums of £50,000. The sum published in the newspaper was £750. But when he telephoned the ‘Mystery Bonus Hotline’ number published in the newspaper, he heard a recorded message that the mystery bonus cash amount for that day was £50,000. Not surprisingly he thought that he had won that amount.
[4] He experienced some difficulty in ringing up to register his claim. As it turned out, no less than 1472 people made the same claim. Someone had blundered.
[5] There is no dispute about how it had happened. The game was designed and operated by Europrint Ltd in consultation with the marketing department of MGN Ltd. The number and value of the prizes on offer each day were predetermined. Then cards were printed to produce that number of winners, allowing for the fact that a high proportion of prizes is never claimed. There was a large number of the smaller prizes, but fewer of the larger ones, and only one or two top prizes of £50,000 each week. The judge found that it was intended that there should be only one winning card for £50,000 on Monday 3 July 1995 which could only be won through the telephone version of the game.
[6] Unfortunately, the man at Europrint responsible for determining the winning and losing combinations had failed to take into account that a large number of cards (in particular those distributed with The People of 25 June) had already been printed and distributed for use in conjunction with the Daily Mirror of 3 July. The judge found this a little surprising, as care had been taken to ensure that none of the earlier cards had two figures of £750 before printing that sum in the newspaper for that day. He speculated that the mistake might have been made because the telephone version of the game had only recently been introduced. But the evidence that this was indeed an oversight was not challenged and the judge accepted it.
[7] Once the mistake was realised, the defendant did not act with conspicuous good sense in seeking to avoid the consequences. When the claimant rang the newspaper direct, because of his difficulties in registering his claim, he was told to throw the card away because there had been a printing error and his card was void. He was told much the same when he eventually succeeded in registering his claim. He did not take that advice.
[8] On Sunday 9 July 1995 the Editor of the People wrote an article apologising for the ‘mix-up’. She said that the only cards eligible for the telephone prize on 3 July were those from the Daily Mirror of Saturday 1 July and the Sunday Mirror of Sunday 2 July. This was because the ‘Ring and Win Today’ section in the Daily Mirror giving details of the Mystery Bonus Hotline had referred to ‘three chances to win’:
“This is because you have THREE cards to play. One was in The People yesterday and another in the Sunday Mirror – and you already had a card in Saturday’s Daily Mirror.”
The Editor explained that in fact there were only two eligible cards, because there had been no ‘card in The People yesterday’. Hence, she said, anyone with a card issued in The People on 25 June 1995 was not eligible for a prize. She apologised and announced a special draw for one prize of £50,000, for which all those with cards from The People of 25 June showing two sums of £50,000 would be eligible. In addition, a further £50,000 would be shared equally among all those with such cards. The claimant’s card was entered in the draw. It was unsuccessful, but he did receive £33.97 as his share of the extra £50,000.
[9] Eventually the claimant began these proceedings. MGN Ltd raised a number of defences. One was the argument put forward in the article of 9 July: that only holders of cards issued with the Daily Mirror for Saturday 1 July, the Sunday Mirror for Sunday 2 July, and The People for Sunday 2 July could be eligible. However that defence was abandoned shortly before the trial so the judge did not consider it. Another was that any contract between the parties was a gaming or wagering contract covered by s 18 of the Gaming Act 1845. This too was abandoned shortly before the trial. The judge did not think it necessary to invite submissions on whether this might be an illegal contract, but emphasised that he expressed no view on the lawfulness the game whether at common law or under the 1845 Act or under any other relevant legislation.
[10] That left only the point upon which the case was decided: whether or not the contract between claimant and defendant incorporated the “Rules”. The first announcement of the game, in the Daily Mirror on 29 April 1995, had a heading in capital letters with white text in a black box INSTANT SCRATCH RULES. Under this were printed eight numbered paragraphs (“the Rules”). Rules 2 and 5 read as follows:
“2. The prizes for each game will be awarded to the player or players who make a successful claim.
. . .
5. Should more prizes be claimed than are available in any prize category for any reason, a simple draw will take place for the prize.”
The judge concluded that:
“only one £50,000 prize was ‘available’ on 3 July 1995 in the sense that MGN Ltd and Europrint Ltd had previously determined that there should be only a single prize in that category. I have also concluded that the terms should not be construed in a sense which required the precise number of prizes to be published or drawn to the attention of participants at or before the time when the telephone game was announced.”
Hence more prizes were claimed than were available. If the Rules formed part of the contract, MGN were entitled to insist upon holding a draw.
[11] The Rules were published in the relevant newspapers on the following dates: in the Daily Mirror on 29 April when the game started there; in the Sunday Mirror on 30 April, when the game started there; in the Daily Mirror on 1, 2, 3, 6, and 12 May; in The People on 21 May when the game started there; again in The People on 28 May and 4 June; and again in the Daily Mirror on 10 June. They were not published in The People on 25 June 1995 when the card in question was distributed, but the paper did contain a reference in the main text to the ‘rules as previously published’ and a further statement in the box dealing with the telephone game that day that ‘Normal Mirror Group rules apply’. The card itself stated on its face FULL RULES AND HOW TO CLAIM SEE DAILY MIRROR. The Rules were published again in the Daily Mirror on 30 June. They were not published in the Daily Mirror on 3 July, but under the heading RING AND WIN TODAY giving instructions on how to discover the extra bonus sum, after the call charges came the same words, ‘Normal Mirror Group rules apply’, as had appeared in The People on 25 June.
[12] The judge thought it ‘highly likely’ that the claimant bought the Daily Mirror on 29 April when the game was first introduced and read the page on which the Rules were set out. The judge said that he must have seen them, although he probably paid little attention to them, but it was likely that he would have appreciated that they constituted a set of Terms and Conditions intended to apply to the game publicised on the same page. The judge also thought it likely that the claimant, a regular purchaser of these newspapers, and with a particular interest in the game, would have seen the Rules on more than one occasion, although he would probably not have paid much attention to them. The claimant did of course buy The People on 25 June containing the two references to the Rules, and the judge thought it more likely than not that anyone wishing to know about the telephone game would have read the words in the box. He did not consider that he could hold on the evidence that the claimant actually saw or read either of these references. But the claimant must have seen and read the words on the face of the card, although again it was unlikely that he paid much attention to them. The claimant bought the Daily Mirror on 3 July and accepted in evidence that he must have seen the reference to ‘Normal Mirror Group rules’ when looking at how to discover the bonus number, although he considered that they did not seem important at time. The claimant also accepted in evidence that the reference on 3 July was clear enough to alert him and his friend Mr Murphy to the need to check the rules. They were later able to buy a back issue containing them. Mr Murphy confirmed this and said that they knew that there had to be some rules when you could find them.
The decision
[13] The judge directed himself in accordance with the passage in the judgment of Bingham LJ, as he then was, in Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] 1 QB 433, [1988] 1 All ER 348, at p 445B of the former report:
“The tendency of the English authorities has, I think, been to look at the nature of the transaction in question and the character of the parties to it; to consider what notice the party alleged to be bound was given of the particular condition said to bind him; and to resolve whether in all the circumstances it is fair to hold him bound by the condition in question.”
[14] The judge concluded that the contract was made on 3 July. There had been no prior commitment to people acquiring cards on 25 June that they would be entitled to play a telephone game on 3 July. The offer was made that day and accepted when the claimant telephoned the hotline. (That being so, it is perhaps surprising that the defendant had abandoned the argument based on the content of the telephone game offer on 3 July, which is arguably limited to the holders of cards issued in the three newspapers mentioned. But it was abandoned and it is not for us to speculate why.)
[15] As to whether that contract incorporated the Rules, the judge emphasised that he was concerned with this particular claimant and not with some other actual or hypothetical claimant. He was satisfied that this claimant must have appreciated that there would be a limit on the number of prizes and that the number of prizes in the highest category would be small. He was also satisfied, in the light of his earlier findings, that the claimant must in fact have been aware that there were relevant rules and he must at least have seen them. He went on:
“I bear in mind the balance of risk and opportunity in a case of this kind. Though I have no doubt that the promotion was seen as being in the commercial interests of MGN Ltd, it clearly faced substantial financial risks if anything went wrong with the game. In an extreme case, as Mr Carr [counsel for MGN] was at pains to point out, it could result in the insolvent demise of the company. On the other hand, readers and participants no doubt gained amusement and satisfaction from the game at little or no expense to themselves. They also had the chance of winning a substantial prize, which would in effect be a pure windfall. Though any limitation on apparently successful claims would be a grave disappointment to anyone who might assume he had won, that seems to me to be very different from the sort of situation where standard terms are invoked in order to impose punitive financial liabilities or to avoid liability for injuries caused by negligence.”
He also bore in mind that ‘the limited evidence’ from Miss Amanda Platell, Marketing Director of MGN at the time, ‘appears to show that provisions of the kind sought to be relied on in this case are not unusual or uncommon in the field of games and competitions.’ On the other hand, the rule ‘purports to limit the right to claim a prize which was otherwise formulated without qualification or restriction.’ Eventually, balancing all the various factors as best he could, he concluded that it was fair to hold the claimant bound by the Rules.
The arguments on appeal
[16] Mr Jonathan Crystal for the claimant does not argue that the judge misdirected himself in law but that he misapplied that law. He emphasises that r 5 ‘turns winners into losers’. The offer under the heading ‘Ring and Win Today’ clearly states that if the bonus cash amount announced on the mystery bonus cash hotline ‘matches two identical cash amounts you have scratched off on today’s section of the card, you win that amount.’ Rule 5 took that away. This was not a game in which everyone knew that there was only one prize, such as a car or a foreign holiday, so that if there was more than one winner the organiser would have to draw lots. It was not made clear that there was only one £50,000 prize to be won. If it had been, one might expect it to be shared rather than one winner picked by lot.
[17] In those circumstances, he argues, the defendant had not done enough to bring the rule to the claimant’s attention. It was not published in the paper either for 25 June or for 3 July. It was not on the card itself. The reference on the card was to the Daily Mirror, but that was useless because the rules were not in the Daily Mirror on the date on which the card was to be played. There was no other reference on the card to where the rules might be found. The reference in the paper to ‘Normal Mirror Group rules apply’ did not explain where those rules could be found. The Rules were not published regularly or frequently around that time.
[18] Mr Carr’s primary argument for the defendant is that this particular claimant had actual notice of the rules. The judge found that he had in fact seen them when previously published, even if he had not paid much attention to them. He appreciated that the game was governed by rules. He would have understood what the reference on the card and in the paper meant. If a person knows that a document contains contractual terms he ought to pay attention to it. Mr Carr accepts that even in that situation, special steps have to be taken to give proper notice of an onerous or unusual term. But he argues that there was nothing onerous or unusual about this particular term. It simply deprived the claimant of a windfall. It could not be compared with the exclusion of liability for negligently causing personal injuries in Thornton v Shoe Lane Parking [1971] 2 QB 163, [1971] 1 All ER 686 or the imposition of extortionate charges for delay in Interfoto Library Ltd v Stiletto Ltd [1989] 1 QB 433. His secondary argument was that, even if this was not a case of actual notice, in all the circumstances the defendant had taken reasonable steps to draw it to the claimant’s attention.
Conclusion
[19] In my view the judge was right to hold that the contract was made on 3 July. The offer was contained in the paper that day. In my view it was accepted when the claimant telephoned to claim his prize. The offer and therefore the contract clearly incorporated the term ‘Normal Mirror Group rules apply’. The words were there to be read and it makes no difference whether or not the claimant actually read or paid attention to them.
[20] The question, therefore, is whether those words, in the circumstances, were enough to incorporate the Rules, including r 5, into the contract. In the words of Bingham LJ in Interfoto Library Ltd v Stiletto Ltd [1989] 1 QB 433, at p 445E, can the defendant ‘be said fairly and reasonably to have brought [those rules] to the notice of’ the claimant? This is a question of fact. It is clear from the passage in the same judgment quoted earlier (at para 13) that one has to look at the particular contract made on the particular day between the particular parties. But what is fair and reasonable notice will depend upon the nature of the transaction and upon the nature of the term. As Dillon LJ summed it up in Interfoto, at pp 438H to 439A:
“In the ticket cases the courts held that the common law required that reasonable steps be taken to draw the other parties’ attention to the printed conditions or they would not be part of the contract. It is, in my judgment, a logical development of the common law into modern conditions that it should be held, as it was in Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163, that if one condition in a set of printed conditions is particularly onerous or unusual, the party seeking to enforce it must show that that particular condition was fairly brought to the attention of the other party.”
Bingham LJ put the same point in this way at p 443C:
“. . . what would be good notice of one condition would not be good notice of another. The reason is that the more outlandish the clause the greater the notice which the other party, if he is to be bound, must in all fairness be given.”
[21] In my view, although r 5 does turn an apparent winner into a loser, it cannot by any normal use of language be called ‘onerous’ or ‘outlandish’. It does not impose any extra burden upon the claimant, unlike the clause in Interfoto. It does not seek to absolve the defendant from liability for personal injuries negligently caused, unlike the clause in Thornton v Shoe Lane Parking. It merely deprives the claimant of a windfall for which he has done very little in return. He bought two newspapers, although in fact he could have acquired a card and discovered the hotline number without doing either. He made a call to a premium rate number, which will have cost him some money and gained the newspaper some, but only a matter of pennies, not pounds.
[22] The more difficult question is whether the rule is ‘unusual’ in this context. The judge found that the claimant knew that there was a limit on the number of prizes and that there were relevant rules. Miss Platell’s evidence was that these games and competitions always have rules. Indeed I would accept that this is common knowledge. This is not a situation in which players of the game would assume that the newspaper bore the risk of any mistake of any kind which might lead to more people making a claim than had been intended. Some people might assume that the ‘get out’ rule would provide for the prize to be shared amongst the claimants. Some might assume that it would provide for the drawing of lots. In the case of a single prize some might think drawing lots more appropriate; but it seems to me impossible to say that either solution would be ‘unusual’. There is simply no evidence to that effect. Such evidence as there is was to the effect that such rules are not unusual.
[23] In any event, the words ‘onerous or unusual’ are not terms of art. They are simply one way of putting the general proposition that reasonable steps must be taken to draw the particular term in question to the notice of those who are to be bound by it and that more is required in relation to certain terms than to others depending on their effect. In the particular context of this particular game, I consider that the defendants did just enough to bring the Rules to the claimant’s attention. There was a clear reference to rules on the face of the card he used. There was a clear reference to rules in the paper containing the offer of a telephone prize. There was evidence that those rules could be discovered either from the newspaper offices or from back issues of the paper. The claimant had been able to discover them when the problem arose.
[24] The judge had ‘great sympathy for Mr O’Brien who struck me as a thoroughly decent young man who must have suffered a cruel disappointment when his hopes were raised only to be dashed.’ There can be little sympathy for a newspaper which introduces such a game to attract publicity and readers, and then devotes space which could have been devoted to printing the Rules to hyperbole about the prizes to be won and the people who have won them. But the fact of the matter is that there was nothing at all outlandish about the rules of this game and indeed it would have been surprising if there had been no protection on the lines of r 5. I would dismiss this appeal.

2.    Complete the document BELOW on the differences between the criminal law and the civil law.

Differences between Criminal Law and Civil Law

Criminal Law
Civil Law
Whom is the offence against?

Who is the wrong against/dispute between?

Who takes the action?

Who takes the action?

What is the purpose of the action?

What is the purpose of the action?
Where is the action taken?

Where is the action taken?

Standard of proof

Standard of proof

Decision

Decision
Sanctions

Sanctions
Examples

Examples

3.    Test yourself – try the MCQs on the Lucy Jones Introduction to Business Law site: Chapters 1-3

TUTORIAL 3        LAW OF CONTRACT (1)

AIMS AND OBJECTIVES

At the end of this tutorial you should be able to:

•    understand the essential elements needed to make a simple contract
•    analyse a report of a case concerning the law of contract
•    apply the legal principles on formation of contracts to a scenario question

1.  Define a contract.

2.  What are the essentials of a valid contract?

2.     Think of an agreement that you have made recently and decide why it might or might not be a contract.

3.     Using the rules on offer and acceptance, explain how a contract is formed in the following situations:

•    Buying goods in a supermarket or shop
•    Buying goods from a mail order catalogue
•    Buying goods from a vending machine

4.     Consider whether a valid contract has been formed in the following circumstances:

a.    Raj sees the following advert in his local newspaper: ‘For Sale: Rose Bushes only £12.99 for five. Hurry – limited supplies. Send cheque to Beautiful Gardens Ltd. PO Box 123.’ Raj sends a cheque but is told the bushes have all been sold.
b.    James offers to sell his laptop to Dave for £400. Dave offer to pay £350. James refuses to accept £350. Dave says he will pay £400.
c.    Penny writes to Ursula, offering to buy her car for £3,000 and says that if she has not heard from her within a week she will assume that her offer has been accepted. A week goes by and Penny has heard nothing from Ursula.
d.    Paul sees a washing machine in a shop window with a price tag of £30. He goes into the shop and tells the assistant that he will buy the washing machine for £30, but is told that the price tag should have read £300. The assistant refuses to sell the wahing machine to Paul for £30.
e.    Lin books a train to Leeds using Simplerail’s internet service. Although she put in her credit card details when she booked the train she has had no confirmation.

Tutorial 4      Law of Contract (2)

Aims and Objectives

At the end of this tutorial you should be able to:

•    Understand how to structure a coursework
•    Identify and apply legal principles and sources to a problem situation
•    Have confidence to attempt a coursework

1. Bill and Ben are business partners in a firm called Huddersford Antiques, buying and selling second-hand and antiquarian books online and in their High Street shop.

Simon, an antiques collector, recently decided to buy a very rare Chinese vase that he had seen on the firm’s website. He sent an email on the 4th of April to the Huddersford Antiques and offered to pay £5,000. On the 6th of April Bill read the email and discussed the offer with Ben. They agreed that they would accept the offer and Bill intended to reply by letter to Simon that they agreed to sell the vase to Simon.
On the same day, however, another customer, Angela, came into their shop and bought the vase for £6,000. When Simon went to collect the vase and pay for it on the 8th of April, he was told that the vase had been sold the previous day to another purchaser.

Advise Simon whether he had a binding contract with Huddersford Antiques and whether it would have made any difference if Bill had sent the letter of acceptance? What would be Bill’s remedy if there is a breach of contract?

2. George decided to have a day out at the seaside resort of Skegness last week, and drove there in his car. On reaching the resort, he drove into a multi-storey car park run by Skegness Town Council, taking a ticket at the barrier as he drove in. Inside the car park was a large sign which stated:

Skegness Town Council accept no responsibility for damage caused to cars parked in this car park.

George walked to the beach and decided to hire a deckchair for the day. He sat down in a vacant chair and a few minutes later the deckchair attendant, employed by Skegness Town Council, approached and asked George for £3 for the hire of the chair. George paid and received a receipt which he put in his pocket.
After half an hour, the deckchair suddenly collapsed and George suffered a minor concussion. He later saw that his receipt had written on its reverse, “Skegness Town Council accepts no responsibility for injury caused by using their deckchairs.”

When George returned to the car park he noticed that his car had been damaged, possibly by another car reversing into it.

Advise George whether any of the exclusion clauses in this scenario would be valid under common law or under the Unfair Contract Terms Act.

TUTORIAL 5        LAW OF CONTRACT (3)

AIMS AND OBJECTIVES

At the end of this tutorial you should be able to:

•    understand the nature of different terms in a contract
•    explain the effect of legislation on terms in a contract
•    define a misrepresentation, understand its importance in the law of contract and the remedies available
•    explain the effect of mistake on contractual obligations
•    apply the relevant legal principles to scenario questions

1.    Distinguish
(a)     Between express terms and implied terms
(b)     Between conditions, warranties and intermediate terms

2.    In what ways may a term be implied into a contract?

3.    How would you define misrepresentation? How does a statement of fact differ from a statement of intention or opinion?

4.    In October, Huddersford Hunks Ltd, the company that manages the local, upcoming boy band, The Jelly Babies, began negotiations for sponsorship from Leeds Liquor Ltd. In November, Harry, the lead singer, informed the rest of the band that he is thinking of going solo. In December, HH Ltd sign the sponsorship contract with LL Ltd under which HH Ltd agrees to promote LL Ltd products in return for sponsorship of £50,000 of the Jelly Babies’ forthcoming 6 week Christmas tour. At the end of the first week on tour, Harry makes a public announcement that he is leaving the band.

Advise LL Ltd who have stated that they would not have entered into the contract if they had known Harry was leaving the band.

5.    What is the basic rule about the effect of a mistake on the validity of a contract?

Test yourself – try the MCQs on the Lucy Jones Introduction to Business Law site: Chapters 4-8

TUTORIAL 6

REVIEW AND CONSODLIDATION OF LEARNING

CASE STUDY

Preparation

Read through all lectures and materials to date and make sure that you understand what you have been taught.  Read the recommended textbook and make extra notes, if necessary.  Read the extracts from the law report of the case of Entores Ltd v Miles Far East Corpn. [1955] 2 QB 327 and answer the following questions:

1.    Is this a civil or criminal case?

2.    To what does [1955] 2 QB 327 refer?

3.    The case refers to the “plaintiffs”.  In a case today, to what would they be referred?

4.    To which court could the defendants have appealed?

5.    Name the two main sources of law.

6.    What is meant by precedent as a source of law?  Give an example of its use in the case.

7.    What is the role of the solicitors, Allen & Overy (referred to at the end of the report)?

8.    Briefly outline the facts in the case, explaining what the decision was.

9.    What is meant by the postal rule of acceptance?  Please refer to an earlier case to support your answer or give your own example of how the rule might work in practice.

10.    How do you think that the postal rule of acceptance might apply to acceptances sent by fax or electronic mail?

EXTRACTS FROM ENTORES LD. V. MILES FAR EAST CORPORATION
[1955] 2 QB 327

The plaintiff company in London made an offer by Telex to the agents in Holland of the defendant corporation, whose headquarters were in New York, for the purchase of a quantity of copper cathodes, and their offer was duly accepted by a communication received on the plaintiffs’ Telex machine in London.

The plaintiff company sought leave to serve notice of a writ on the defendant corporation in New York claiming damages for breach of the contract so made:-

Held that, although where a contract is made by post acceptance is complete as soon as the letter of acceptance is put into the post box, where a contract is made by instantaneous communication, eg by telephone, the contract is complete only when the acceptance is received by the offeror, since generally an acceptance must be notified to the offeror to make a binding contract; and that, since communications by Telex were virtually instantaneous, the contract in this case was made in London ….. ….. …..

The defendants now appealed to the Court of Appeal.

DENNING L.J.  This is an application for leave to serve notice of a writ out of the jurisdiction.  The grounds are that the action is brought to recover damages for breach of a contract made within the jurisdiction or by implication to be governed by English law.

The plaintiffs are an English company.  The defendants are an American corporation with agents all over the world, including a Dutch company in Amsterdam.  The plaintiffs say that the contract was made by Telex between the Dutch company in Amsterdam and the English company in London.  Communications by telex are comparatively new.  Each company has a teleprinter machine in its office; and each has a Telex number like a telephone number.  When one company wishes to send a message to the other, it gets the Post Office to connect up the machines.  Then a clerk at one end taps the message on to his machine just as if it were a typewriter, and it is instantaneously passed to the machine at the other end, which automatically types the message onto paper at that end ….. ….. …..

When a contract is made by post it is clear law throughout the common law countries that the acceptance is complete as soon as the letter is put into the post box, and that is the place where the contract is made.  But there is no clear rule about contracts made by telephone or by Telex.  Communications by these means are virtually instantaneous and stand on a different footing.

The problem can only be solved by going in stages.  Let me first consider a case where two people make a contract by word of mouth in the presence of one another.  Suppose, for instance, that I shout an offer to a man across a river or a courtyard but I do not hear his reply because it is drowned by an aircraft flying overhead.  There is no contract at that moment.  If he wishes to make a contract, he must wait till the aircraft is gone and then shout back his acceptance so that I can hear what he says.  Not until I have his answer am I bound.  I do not agree with the observations of Hill J. in Newcomb v. De Roos.

Now take a case where two people make a contract by telephone.  Suppose, for instance, that I make an offer to a man by telephone and, in the middle of his reply, the line goes “dead” so that I do not hear his words of acceptance.  There is no contract at that moment.  The other an may not know the precise moment when the line failed.  But he will know that the telephone conversant was abruptly broken off:  because people usually say something to signify the end of the conversation.  If he wishes to make a contract, he must therefore get through again so as to make sure that I heard.  Suppose next, that the line does not go dead, but it is nevertheless so indistinct that I do not catch what he says and I ask him to repeat it.  He then repeats it and I hear his acceptance.  The contract is made, not on the first time when I do not hear, but only the second time when I do hear.  If he does not repeat it, there is no contract.  The contract is only complete when I have his answer accepting the offer ….. ….. …..

My conclusion is, that the rule about instantaneous communications between the parties is different from the rule about the post.  The contract is only complete when the acceptance is received by the offeror:  and the contract is made at the place where the acceptance is received ….. ….. …..

I think that the decisions of the master and the judge were right, and I would dismiss the appeal.

PARKER L.J.  I have come to the same conclusion, and would only add a few words on the basis that the contract sued on is that created by the Telex messages.  As was said by Lindley L.J. in Carlill v Carbolic Smoke Ball Co:  “Unquestionably, as a general proposition, when an offer is made, it is necessary in order to make a binding contract, not only that it should be accepted, but that the acceptance should be notified.”  In the same case Bowen L.J. said:  “One cannot doubt that, as an ordinary rule of law, an acceptance of an offer made ought to be made to the person who makes the offer, in order that the two minds may come together.  Unless this is done the two minds may be apart, and there is not that consensus which is necessary according to English law – I say nothing about the laws of other countries – to make a contract.”  Accordingly, as a general rule, a binding contract is made at the place where the offeror receives notification of the acceptance, that is where the offeror is ….. ….. …..

Appeal dismissed.
Leave to appeal to House of Lords refused.

Solicitors:    Allen & Overy;  Smiles & Co.

TUTORIAL 7

EMPLOYMENT LAW

AIMS AND OBJECTIVES

At the end of this tutorial you should be able to:

•    explain the role of Employment Tribunals and ACAS
•    understand the difference between a contract of service and a contract for services
•    explain the requirements of a contract of employment
•    apply legal principles of unfair dismissal to a scenario question

1.     Which judicial body mainly deals with disputes between employers and employees?

2.     What role does ACAS play in employment disputes?

3.     Does a contract of employment have to be in writing?

4.     What is meant by “Written Particulars of Employment”?  When should they be received by the employee?

5.     Identify three terms which you would expect to be expressly agreed in an employment contract.

6.     What do you consider to be the two most important duties owed

a)    by an employer to their employee  and
b)    by an employee to their employer.

7.     Briefly outline the tests that are used by the courts to help them decide if someone is an employee or an independent contractor.

8.     Jane was employed by Select Market Research as an interviewer on an occasional basis.  A pool of interviewers was maintained by the firm.  The firm rang up and asked Jane if she wanted to carry out some research.  Jane did not have to accept the work but as Christmas was coming up she decided she would. Jane was given exact instructions as to what method she should use to carry out the research and when the work was to be completed.  She could choose the hours she worked and she gave up her morning job.
Jane considers herself an employee. Do you agree? Give your reasons.

9.    Simon is a young computer systems analyst, who has worked for Focus Associates for over three years.

He is a highly competent and ambitious computer expert.  Since joining the company he has been promoted twice.  Over the last three months, he has been the object of the attention of Ms Claire Bright, his manager, who thinks that Simon will be promoted above her.  Ms Bright has called Simon into her office on numerous occasions over the last few weeks, supposedly to chat about his career prospects with the company. One day, Simon is very busy and when Ms Bright asks him to come and have a chat  Simon says that he is too busy.   Ms Bright becomes angry and tells him, “You could well regret this.”

When Simon complained to Human Resources Manager, Mike, about Ms Bright’s  conduct.  Mike merely laughed at him. Two days later, Simon was told that he was being moved from his current assignments to other work, which was at a much lower grade than that which he was already doing.  His current tasks were being taken over by someone with much less experience and seniority.

Simon wrote a letter to the managing director of the company, stating that he believed he was being unfairly treated. A few weeks later, he was told by Mike that his work was unsatisfactory and that he was being given one month’s notice.

Discuss what steps Simon must take if he wishes to bring a claim for unfair dismissal and if there are any grounds to justify his dismissal.

Test yourself – try the MCQs on the Lucy Jones Introduction to Business Law site:
Chapter 13-14

TUTORIAL 8

THE BUSINESS NAME
THE SOLE TRADER/SOLE PRACTITIONER

AIMS & OBJECTIVES

At the end of this Tutorial you should be able to:

•    Appreciate the value of the goodwill of a business name
•    Explain the legal principles of the tort of passing off
•    Understand the main provisions of the relating to business names
•    Understand the role of the sole trader or practitioner in the business environment.
•    Explain the practicalities with which the sole trader or practitioner must comply.
•    Understand the effects of insolvency on the sole trader or practitioner.

1.    What, if any, restrictions are there on the choice of business, trading or practice name?

2.    Paul Marks and Philip Spencer (both their real names) decide to establish a retail clothing business. They take premises, print stationary, engage advertising space etc. in the name of “Marks and Spencer”. Discuss any problems that might arise over their chosen name.

3.    It is proposed that various businesses use the following names.  Discuss the implications: Kirklees Building Supplies, Princess Taxis, The Scottish Insurance Trust, Windsor Nursing Home, The Dogs Breeding Association.

4.    Identify the full implications of the expression “unlimited liability” and apply to the sole trader or practitioner.

5.     Identify any steps or formalities that may be required before the sole trader or sole practitioner commences trading.  Choose any trade or business in which you are interested e.g. solicitor, accountant, road haulage business, restaurant, computer programming, travel agency and identify any particular requirements related to that trade or business.

6.    Identify advantages and disadvantages of sole trade or practice.

TUTORIAL 9    PARTNERSHIP

AIMS AND OBJECTIVES

At the end of this Tutorial you should be able to:

•    Understand the role of partnership in the business environment.
•    Explain the provisions of the Partnership Act 1890 and the Limited Liability Partnerships Act 2000
•    Understand the relationship as between partners per se and partners and third parties.
•    Describe the effect of the dissolution of a partnership

1.    Define a partnership.  (Sections 1 and 2 of the Partnership Act 1890)

2.    Are the following partnerships?  Give reasons for your decisions.

a)     The committee of Highfield Tennis Club.
b)     Alf and his son Ben, who take turns in driving Alf’s van to deliver fruit  and produce from a market garden to retailers.
c)     Ronald and Kevin, who hire an open top lorry in early December and go up to a Scottish forest, from whence they return to Leeds with a load of Christmas trees.    They park the lorry on a piece of waste-land and sell the trees from the lorry over the next two week-ends.
d)     Elizabeth, who runs clothes boutique, and Frieda, who has lent her £10,000 to help her to expand.
e)     Lorna and Robert, who jointly own a block of flats, rented out to tenants, and share receipts and contribute jointly to outgoings.

3.    Butler, Fisher and Smith are a partnership of 35 equity (or general) partners and 5 “salaried” partners, employing a further 45 staff.

a)     The firm propose to change their name to “Butlers”. How can this be done?
b)     The firm propose to ask Benedict, an equity partner, who is not pulling his weight, to resign and failing his agreement to resign, to expel him. Can this be done?
c)     What is a salaried partner?
d)     Would you advise the partners to form a limited liability partnership?

4.    Joy and Joan together run a carpet-cleaning and house-cleaning business, called “Help at Home”.    Consider the following:

a)     Joan agreed to clean Mary’s carpets for £150, on site. Joan attended to carry out the cleaning, but left such a mess behind that Mary had to get in some other cleaners, who charged her £100 to clean up. Joan has insufficient funds of her own to pay the £100.
b)     Joy has discovered that Joan has been working for another cleaning business.

5.    Charles retired as a partner form Adam and Co. 2 years ago. The firm has carried on business under the two remaining partners, Adam and Bernard. Three months ago Adam and Bernard ordered new office equipment using old notepaper bearing the name of all 3 partners. The firm is unable to pay the supplier who is threatening to sue Charles for the amount owing.
Explain the legal position to Charles, bearing in mind that, as its name indicates, Adam and Co. is an unlimited partnership

Test yourself – try the MCQs on the Lucy Jones Introduction to Business Law site: Chapter 15

TUTORIAL 10        COMPANIES

AIMS AND OBJECTIVES

At the end of this Tutorial you should be able to:

•    Understand the role of incorporated companies in the business environment.
•    Explain the basic provisions of the Companies Act 2006.
•    Describe the powers of incorporated companies
•    Explain the role of directors.
•    Understand the effect of insolvency on companies.

1.    How are public and private companies distinguished?   What do you consider the main advantage and main disadvantage of being a public company?

2.    What documents must be delivered to the Registrar of Companies to secure the registration of a new company?

3.    Does being a shareholder of a company carry the same rights as a share in a partnership?

4.    How does a company make decisions?

5.    Ben, Lionel and Sajida are directors of Enterprise Limited, which has been set up to manufacture and sell computers. Fiona is the registered owner of 40% of the issued ordinary shares in Enterprise Ltd. Consider the following:

a)     Lionel has been taking a taxi from the company’s offices in the late afternoon to the nearby city for his own social and personal business. The taxi firm has now submitted a bill to the company. Ben and Sajida do not believe that the company should pay.

b)     Fiona rings Ben to inform him that she feels the company needs a new image and has just engaged a marketing and design expert to design a new logo for the company at an all-inclusive fee of £12,000. Ben replies that the company has a satisfactory logo already and will not meet the bill.

6.    ABC Ltd is told by its accountant that it is insolvent, with net liabilities of £10,000.  The directors decide to continue trading.  Six months later, ABC Ltd goes into insolvent liquidation with net liabilities of £50,000.  The directors believe that they are secure in view of the limited liability of ABC Ltd.  Do you agree?

Test yourself – try the MCQs on the Lucy Jones Introduction to Business Law site: Chapters 16-18

TUTORIAL 11     and 12    EXAM PRACTICE

AIMS AND OBJECTIVES

At the end of these Tutorials you should be able to:

•    Understand how to approach the final assessment

Preparation:

Using a previous year’s exam paper (see Unilearn, under Module Documents / Exams), prepare answers to ALL the questions, and be prepared to discuss your answers in the tutorial – your tutor will NOT be giving you the answers unless there has been an attempt to answer them.

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COURSEWORK TITLE ‘Contracts in Business 2014’
COURSEWORK
2500words
Answer all questions. Each question is worth 25 marks

1. Arthur decides to sell his car and puts an advert in the Huddersfield Express in Monday’s newspaper that reads, ‘For Sale. WV Golf, Blue, excellent condition, recently serviced, 10,000 miles, £5,000 or nearest offer. Tel. 07774 555444 or call in at 1, Riverside Avenue, Huddersfield.’

On Monday he writes a letter to Sasha saying “As you expressed an interest in buying my car I thought you would like to know that I am willing to sell it to you for £4,500. Let me know by Thursday”.

On Tuesday Sasha writes back saying “Here is my cheque for £4,500” She puts it in the post that night.

On Friday morning, Sasha’s letter has still not arrived. Later that day Arthur receives a text message from Simon, which reads, “I’ll give you £5000 for the car. I’ll pick it up tomorrow”. Arthur replied “OK”.

1.Explain to Arthur with which party he will have a valid contract. Give full reasons with case law illustrations. (25 marks)

2. Explain with examples why goods should be of satisfactory quality and fit for purpose. (25 marks)

3. Explain with examples how terms are incorporated into a contract. (25 marks)

4. Explain with examples contractual remedies. (25 marks)

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