International Year One Legal Environment Module Coursework Word count: 1500 words Issue Date: w/c 8 February Submission Date: Sunday, 13 March 2016 at 11:59pm Please refer to submission instructions on Unilearn for submission process Business Department Module Code: XFX0029-1516 a) This assessment has 50% weighting in this module. b) There are 100 marks in this assessment and a proportion of marks for each question is indicated alongside the questions. c) Your work will be marked for clear explanation of legal issues involved, accurate and sufficiently detailed statements and explanation of law, an explicit application of law to problem question, and conclusion or advice given. You may use the IRAC method, introduced in Week 4, to cover all four elements. The explanation of legal issues and conclusion will together account for up to a third of marks for each question, and the statements of law together with application will account for up to two thirds. d) There are three questions in this assessment. You must attempt all questions. e) There will be further reading and resources to prepare for this assignment at the end of this assignment. f) You should include a bibliography, which is not included in the work count. Your coursework must be appropriately referenced either using Harvard referencing or 1/6 ? footnote referencing. You should follow the OSCOLA Quick Reference Guide available in the Assessment folder on Unilearn. g) The assessment is subject to the normal assessment regulations of the University. h) Learning objectives which are assessed in this coursework: K1. Understand the key elements of contract law to support the analysis of simple contracts, including contracts of employment and for supply of services, their formation terms, performance and discharge. K2. Identify the law creating functions and understand the relationship between the European Union and the law of England and Wales. K3. Understand the characteristics and the contract of employment , and the legal environment in which it is formed, operates and is terminated. A1. Identify and access primary legal sources, appreciate the extent of their importance and the significance of keeping up to date with changse and potential changes. A2. Analyse a case involving the application of contract law principles, extract the operative principles and apply them to comparable cases. A3.Prepare a critical written analysis of a problem which identifies relevant contract or employment law principles. A4. Effectively communicate conclusions, advice and the results of study and analysis accurately and reliably 2/6 Cartridge Heaven Ltd is a small business supplying and refilling printer cartridges to a number of local businesses as well as individual customers who come to their store. They have three employees in their store. They also engage Raymond as a contractor to deliver and install printer cartridges. Raymond is paid the same as other employees in the store but does not get holiday pay. He uses his own car to deliver cartridges but is provided with tools and equipment for his work. He must report to his manager on the progress of his deliveries throughout the day. Raymond is concerned about the lack of holiday pay. Jeffry came into the store to purchase printer cartridges for his laser printer at home. There was a notice in the store stating that: By purchasing from this store, you agree that our liability for any breach of any of the terms implied by sections 9–11 of the Consumer Rights Act 2015 is limited to the price of the goods purchased. There was another notice which limited the liability of the company for negligent personal injury to £100. Jeffry bought a defective cartridge for £75. He installed it but the printer caught fire after some use because of the defective cartridge. Jeffry’s leg was burnt and expensive computer equipment at his home was destroyed. As a result of his injuries, he had to miss work for two weeks. Cartridge Heaven Ltd business is now expanding into printer and photocopier repairs. As they do not have expertise in some complex repairs, they sub-contracted some of repairs to another company, Repair Depo Ltd. The contractual terms between the companies state that the purpose of that agreement is for Repair Depo Ltd to provide reliable repair services to customers of Cartridge Heaven Ltd. There are deadlines for repairs. Most repairs have to be completed within 5 working days while some that require parts to be ordered have to be completed within 15 working days. The terms state that Cartridge Heaven Ltd must pay for completed work within one calendar month. A number of Cartridge Heaven’s customers have been complaining that it is taking too long to get their equipment repaired. There were two cases where Repair Depo Ltd did not complete repairs at all and did not communicate this to Cartridge Heaven Ltd. Cartridge Heaven Ltd withheld all outstanding payments to Repair Depo Ltd. They lost a number of important clients and decided to end its relationship with Repair Depo Ltd. 1. Advise Raymond. Is he an employee of Cartridge Heaven Ltd? Is he entitled to holiday pay? (25 marks; learning objectives assessed: K1, K2, K3, A1, A3 and A4) 2. Advise Jeffry. Were the two notices incorporated into a contract between him and Cartridge Heaven Ltd? Are those notices valid? Could he claim damages for 3/6 his injury and/or computer equipment? You can assume that Cartridge Heaven Ltd was negligent by supplying the defective product. (50 marks; learning objectives assessed: K1, K2, A1, A2, A3 and A4) 3. Advise how Cartridge Heaven Ltd could end the contract. Could they end the contract because of Repair Depo’s breaches? What are the terms that Repair Depo Ltd might have breached and how would you classify them? (25 marks; learning objectives assessed: K1, K2, A2, A3 and A4) 4/6 Reading list and resources for Legal Environment module coursework ? All books listed here are available either as e-books or there are copies at the University’s library. There are both e-books and copies in the library for some books. NB: e-books are free and you do not to pay anything because you are a student at the University. You would need to use your university login details to access the e-books. ? You can access all the books through ‘Reading List’ for this module on Unilearn or using this link: https://library3.hud.ac.uk/myreading/lists/modules/XFX0029 ? The level of detail and difficulty of each book is indicated in the Reading List. o Essential reading – should be easy to read and understand. o Recommended reading – slightly more detailed than ‘essential reading’ o Background reading – very dense textbooks with a lot of detail. Employment Law Legislation: The Working Time Regulations 1998 Marson, J. (2014), Beginning employment law. Abingdon: Routledge ? Chapter 4 ? pages 83 – 84 Sargeant, M. and Lewis, D. (2014), Employment law. Harlow:Pearson ? Chapter 2 ? Pages 235 – 237 Smith, I.T., Baker, A. and Wood, J.C. (2015), Smith & Wood’s employment law. Oxford: OUP ? Pages 37 – 51 ? Pages 151 – 170 (read only pages relating to holiday pay) Contract Law Please note that you should use the Consumer Rights Act 2015. Some of the older books might refer to the Unfair Contract Terms Act 1977 (the UCTA 1977) and the Unfair Terms in Consumer Contracts Regulations 1999 (the UTCCR 1999). Both pieces ???5/6 of legislation were repealed and replaced with the Consumer Rights Act 2015. Lhe law remains similar but you should use the CRA 2015 rather than the other two. Legislation: the Consumer Rights Act 2015 Elliott, C. and Quinn, F. (2015). Contract law, Harlow:Pearson ? Chapters 7 and 8 Finch, E. and Fafinski, S. (2015). Contract law, Harlow:Pearson ? Chapters 4 and 5 Hough, T. and Kühnel-Fitchen, K. (2014), Optimize Contract Law. Abingdon: Routledge ? pages58–60and68–79inthepapercopyofthebook OR pages 113 – 117 and 128 – 141 in the ebook ? Chapter 8 Taylor, R. and Taylor, D. (2015). Contract law, Oxford:OUP ? Chapters 5 and 6 ??6/6
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