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BUSINESS FACULTY
Course Study Guide
201314
International Business Law
LAW-1189
Contents
Law1189, International Business Law 2013-1418
1.Welcome3
2.Introduction to the Course4
2.1Aims4
2.2Learning Outcomes4
2.3Learning and teaching activities5
3.Contact Details6
4.Course Content and Design7
4.1Planned Term Dates:7
4.2Modular Session Plan7
4.4Session Required Reading30
5.Assessment Details31
5.1Summary of assessment31
5.2 Detailed description of assessment31
6.Other Details34
1.Welcome
Welcome to study at the University of Greenwich Business School and a particular welcome to the course International Business Law (LAW-1189).
This course makes students aware of the legal risks faced by businesses who want to operate globally. It introduces the national, regional and international legal frameworks that have been established to deal with such risks. It touches upon law making processes with the UK, EU and at the international levels, and how law making at EU and national levels impacts businesses operating within and from the UK. This discussion also extends to examining the need and operation of dispute resolution mechanisms other than litigation. Thereafter, the module deals with contract law that underpins most business activities across the world. However, the focus here is on English law. It provides knowledge about the differences between a legally binding contract and a mere agreement, the elements of a legally binding contract and remedies available when contractual obligations are not fulfilled. It also assesses the impact of consumer legislation with the UK and at EU that affects the operation of contract law. Beyond contract law, the subject introduces the legal framework that espouses non contractual liability for defective goods and services under the tort of negligence. It is followed by introduction and evaluation of various types of legal business organisations that operate today. It specifically focuses on the idea of limited liability companies, with which the course comes to an end.
All such subject matter is covered with the aim of to introduce students to the legal systems of different countries and communities; to develop student knowledge and understanding of how companies interact within global legal and commercial framework; to examine the various aspects and context of International Business Law and provide students with a sound knowledge and understanding of the substantive principles and their application to a wide variety of situations; to provide students with the opportunity for in depth analysis of major areas of international business law and to stimulate dialogue rather than passive receipt of wisdom; to enable students to understand the relationships which exist between various interested parties operating within and outside the company and how conflicts of interest are reconciled; to acquaint students with the nature and causes of problems within global commercial and industrial environment and how to respond appropriately.
For any queries about the running of this course please dont hesitate to contact me.
Ms. Nilanjana sensarkar
Email [email protected]
2.Introduction to the Course
Today's commercial world is increasingly underpinned by legal uncertainties. International Business Law aims to make students aware of these uncertainties and the related legal regime that tries to deal with them. This course offers a broad canvas within which the complexities associated with the legal environment for a business is comprehended.
2.1 Aims
The aim of to introduce students to the legal systems of different countries and communities; to develop student knowledge and understanding of how companies interact within global legal and commercial framework; to examine the various aspects and context of International Business Law and provide students with a sound knowledge and understanding of the substantive principles and their application to a wide variety of situations; to provide students with the opportunity for in depth analysis of major areas of international business law and to stimulate dialogue rather than passive receipt of wisdom; to enable students to understand the relationships which exist between various interested parties operating within and outside the company and how conflicts of interest are reconciled; to acquaint students with the nature and causes of problems within global commercial and industrial environment and how to respond appropriately.
Such aims are reached by introducing the students to legal risks faced by businesses who want to operate globally. It introduces the national, regional and international legal frameworks that have been established to deal with such risks. It touches upon law making processes with the UK, EU and at the international levels, and how law making at EU and national levels impacts businesses operating within and from the UK. This discussion also extends to examining the need and operation of dispute resolution mechanisms other than litigation. Thereafter, the module deals with contract law that underpins most business activities across the world. However, the focus here is on English law. It provides knowledge about the differences between a legally binding contract and a mere agreement, the elements of a legally binding contract and remedies available when contractual obligations are not fulfilled. It also assesses the impact of consumer legislation with the UK and at EU that affects the operation of contract law. Beyond contract law, the subject introduces the legal framework that espouses non contractual liability for defective goods and services under the tort of negligence. It is followed by introduction and evaluation of various types of legal business organisations that operate today. It specifically focuses on the idea of limited liability companies, with which the course comes to an end.
2.2 Learning Outcomes
On completion of this course students will be able to analyse domestic and international legislation in the context of international business operations; understand contract law which forms the basics for any business transactions; examine arenas other than contract law wherein businesses may be liable for defective goods and services; and critically compare and contrast various types of business entities that to get an informed opinion regarding the types of legal business one can opt for. Study of such content through self study, coursework and tutorial participation is aimed to provide students with the research and analytical skills to appreciate complex legal issues, and provide an informative legal advice in given circumstances.
2.3Learning and teaching activities
The subject is delivered through lectures and tutorials. Tutorial exercises include in class examination of significant case laws, creation of concept maps, writing letters to friends and peer-to-peer analysis of important concepts and underlying policy issues. To fully participate in such exercises the students are required to pre-read relevant topics from the reading list and attempt some tasks at home. Attempting these formative and summative courseworks will invariably involve researching issues using complex online databases and journals like Westlaw UK, Oxford Journals, Lawtel, JSTOR, Casetrack Academic, Cambridge Journals and Digital Archive; establishing the capacity to think, identify potential legal issues and present arguments (both verbally and in writing) as a person who is aware of the relevant law.
3.Contact Details
Room
Email address
Phone number
Course Leader:
Ms. Nilanjana sensarkar
QM 258
0208 3318465
Programme Coordinator:
Dr H Yakavenka
Riccardo De vita
QM240
KW231
0208 3319055
0208 3319835
Please see your programme handbook for more details
4.Course Content and Design4.1Planned Term Dates:
First Week (induction)
16.09.13 20.09.13
Term One Teaching block (university weeks 2 13)
23.09.13 13.12.13
Bank Holidays:
25.12.13, 26.12.13, 01.01.14
University closed:
from 12.30pm 24.12.13,
reopens 02.01.14
Examination Period (where relevant)
06.01.14 10.01.14
Term Two Teaching block (university weeks 18-29)
13.01.14 04.04.14
Bank Holidays:
18.04.14, 21.04.14
Examination Period (where relevant)
28.04.14 16.05.14
Resit Period (where relevant)
21.07.14 01.08.14
Bank Holiday:
Monday 25 Aug.14
Please note these dates are correct at time of publication please check for updates at: http://wwww.gre.ac.uk/students/term-dates-and-schedules/term-dates-2013-2014
4.2Modular Session Plan
TOPIC 1: Course Introduction
LEARNING OUTCOME for this module:
Student will be able to:
a) Understand the aims of the course
b) Understand how the course relates to other courses at this stage of the programme and other stages
c) Understand the assessment requirements
EVIDENCE:
NA
ACTIVITY:
Week beginning
Wk
Session Title and Description
23/09/13
2
Lecture
Course Introduction
Initial meetings, group allocation
RESOURCES:
Course Guide available on the Moodle site
DISCOURSE:
NA
TOPIC 2: Legal risks and the international business environment
LEARNING OUTCOME for this module:
Student will be able to:
1. Identify various legal risks faced by a company operating internationally; and
2. Comprehend the various national, regional and international legal frameworks that deal with such risks;
EVIDENCE:
1. Critically think about legal risks that is involved in running or managing a business internationally ; and
2. Get an overview of the legislation that operate to mitigate such risks
ACTIVITY:
Week beginning
Wk
Session Title and Description
30/09/13
3
Lecture
Outline and discuss the legal risks faced by companies operating in an international environment
Tutorial
Self-Study
In groups examine:
1. What are the sources of legal risks for businesses in foreign locations? What steps can be taken to manage these risks?
2. A weak national legal system is sometimes perceived as a positive factor by firms, as they can feel assured that their activities will face little scrutiny from national law enforcement agencies. This is particularly the case in developing countries. What are the risks of entering countries with this motive?
Palmer & Hartly: Chap. 5
Morrison: Chap. 5
Moodle
Initial posting as described in evidence and discourse
RESOURCES:
Palmer & Hartly: Chap. 5
Morrison: Chap. 5
DISCOURSE:
Various types of legal risks faced by businesses and the related legislative framework
TOPIC 3: Meaning and Sources of Law
LEARNING OUTCOME for this module:
Student will be able to:
Discuss the meaning and role of law for a business environment
Examine the sources of law in the UK
EVIDENCE:
1. Understand the basic legal framework that regulates of the businesses within the UK
ACTIVITY:
Week beginning
Wk
Session Title and Description
07/10/13
4
Lecture
Tutorial
Examine the meaning of Law. Identify the sources of law within the UK. Discuss the characteristics of the UK legal system
Quiz:
1. Name the three main sources of English Law
2. Distinguish between EU regulations and directives
3. Name the stages through which a Bill will pass in Parliament
4. Name two kinds of delegated legislation
5. When may a precedent be binding?
6. In what circumstances may a right of action be brought under the Human Rights Act 1998?
Self-Study
Adams: Chap. 2
Palmer & Hartly: Chap. 5
Morrison: Chap. 5
Moodle
Initial posting as described in evidence and discourse
RESOURCES:
Adams: Chap. 2 , Palmer & Hartly: Chap. 5 , Morrison: Chap. 5
DISCOURSE: Meaning and Sources of Law
TOPIC 4: Resolving Legal Disputes
LEARNING OUTCOME for this module:
Student will be able to:
1. Understand the UK court system;
2. Differentiate between the civil and criminal court processes;
3. Identify the dispute resolution mechanisms that are alternative to the litigation process; and
4. Examine the merits and demerits of the litigation process and the other alternative dispute resolution mechanisms.
EVIDENCE:
1. Identify various levels of the court system;
2. Differentiate between the civil and criminal court processes;
3. Compare and Contrast litigation and other alternative dispute resolution mechanisms.
ACTIVITY:
Week beginning
Wk
Session Title and Description
14/10/13
5
Lecture
Tutorial
Introduction to the UK court system and Alternative Dispute Resolution processes
Quiz:
1. Where will the proceedings involving the following parties take place?
(a) Mr. Peters who is charged with manslaughter of pupils at St. Martin's School.
(b) Bill Sykes, who wishes to appeal against his conviction for murder.
(c) Polly Peachum, who wishes to appeal against her conviction in the magistrates court for soliciting.
(d) Mr Micawber, from Coventry wishes to recover a debt of 200 pounds.
(e) Mr. Dombey, who is claiming 75,000 pounds against the Great Western Railway Company for injuries caused when he fell under one of its trains.
(f) Newman Noggs, who is claiming that he was unfairly dismissed by Mr. Nickleby.
(g) Mr. Dorrit, regarding repossession of his house by The Benevolent & Warmhearted Building Society.
Q2. How far is it true that most cases are best settled out of court?
Self-Study
Adams: Chap. 3, Palmer & Hartly: Chap. 5
Moodle
Initial posting as described in evidence and discourse
RESOURCES:
Adams: Chap. 3, Palmer & Hartly: Chap. 5
DISCOURSE:
UK court system and Alternative Dispute Resolution processes
TOPIC 5: Contract Law-Introduction and main elements of a contract
LEARNING OUTCOME for this module:
Student will be able to:
1. Comprehend the operation of contract law on a daily basis;
2. Significance of contract law for businesses;
3. Identify the essential features of a valid contract.
EVIDENCE:
1. Understand the significance of contract law in every day life
2. Evaluate the implication of contract law for businesses
3. List the essential features of a valid contract
ACTIVITY:
Week beginning
Wk
Session Title and Description
21/10/13
6
Lecture
Tutorial
Introduction to contract law and discussion of the main elements of a contract
See below
Self-Study
Adams: Chap. 4, Palmer & Hartly: Chap. 5
Moodle
Initial posting as described in evidence and discourse
RESOURCES:
Adams: Chap. 4, Palmer & Hartly: Chap. 5
DISCOURSE:
The role of contract law for businesses. The main elements of a contract.
Tutorial:You are the Managing Director of one of the biggest online social networks.
Make a list of at least 10 potential situations where you will need to consider contract law when entering into business relationships.
You are the Editor at a famous business magazine.
Make a list of at least 10 potential situations where you will need to consider contract law when entering into business relationships.
You are a Managing Director at a company that produces its own branded products (computers, laptops, mobile phones, music devices).
Make a list of at least 10 potential situations where you will need to consider contract law when entering into business relationships.
TOPIC 6: Contract Law-Main elements (cont)-Agreement and Offer
LEARNING OUTCOME for this module:
Student will be able to:
1. Identify and explain the requirements of the first two elements of a valid contract
2. Examine when an offer is terminated
EVIDENCE:
1. Differentiate between an invitation to treat and an offer
2. List the various ways in which an offer is terminated
ACTIVITY:
Week beginning
Wk
Session Title and Description
28/10/13
7
Lecture
Tutorial
Explain what is consensus ad idem; what is and is not an offer
Quiz:
Does an offer exist in the following circumstances?
1. Joshua puts a teddy bear wearing a price ticket in his shop window.
2. Ruth distributes flyers stating 'Cheap Offer: 10% off the cost of all our pizzas'.
3. Mary advertises a reward of 50 pounds for the return of her lost bracelet.
4. Martha returns Mary's bracelet and then discovers that a reward was offered.
5. Peter offered to sell his car to Esther for 3000 pounds; Esther told him she would pay only 2500 pounds.
6. Elizabeth offered to sell her fridge freezer to Paul for 100 pounds. He asked her to give him three days to decide. The next day she sold the freezer to Jacob.
Self-Study
Adams: Chap. 4, Palmer & Hartly: Chap. 5
Moodle
Initial posting as described in evidence and discourse
RESOURCES:
Adams: Chap. 4, Palmer & Hartly: Chap. 5
DISCOURSE: Elements of an agreement and Offer for formulation of a valid contract
TOPIC 7: Contract Law-Main elements (cont)- Acceptance and Consideration
LEARNING OUTCOME for this module:
Student will be able to:
1. Define what acceptance of an offer means;
2. explain when an acceptance of an offer is effective;
3. Define consideration ; and
4. Examine instances when there is no valid consideration
EVIDENCE:
1. Examine the Postal rule for acceptance
2. Evaluate the difference between the adequacy and sufficiency of consideration
ACTIVITY:
Week beginning
Wk
Session Title and Description
04/11/13
8
Lecture
Tutorial
Explain the meaning and evaluate the consequences of acceptance; explain the meaning of consideration and evaluate instances when there is absence of such consideration.
Critically discuss:
You offer to buy a kilo of oranges from your local shop for 9p. Nothing further is said, nor do you receive any written correspondence. The next day, however, a kilo of oranges arrives at your house from the local shop. Is there a valid acceptance of the contract? Has there been a communication of the acceptance?
Self-Study
Adams: Chap. 4, Palmer & Hartly: Chap. 5
Moodle
Initial posting as described in evidence and discourse
RESOURCES:
Adams: Chap. 4,5, Palmer & Hartly: Chap. 5
DISCOURSE:
Definition and meaning of a valid acceptance and consideration as elements of a contract.
TOPIC 8: Contract Law-Main elements (cont)- Intention to create legal relations, certainty and capacity to contract
LEARNING OUTCOME for this module:
Student will be able to:
1. Understand the requirements of Intention to create legal relations
2. Explain the requirements of certainty
3. Define what is meant by capacity to contract
4. Examine the capacity to contract by minors, and people who are mentally infirm
EVIDENCE:
1. Distinguish between social and commercial arrangements wherein Intention to create legal relations may be present/absent.
2. Comprehend the consequences if a party has no capacity to contract
ACTIVITY:
Week beginning
Wk
Session Title and Description
11/11/13
9
Lecture
Tutorial
Intention to create legal relations, certainty and capacity to contract
Examine the following situation:
Linda left school last year at the age of 16. she took a job as a trainee kitchen assistant in a hotel. Her wages are 50 pounds a week and she is required to give three month's notice to terminate her employment.
She recently agreed to buy an Osaka motorcycle so that she could spend more time with her boyfriend Malcom, who is mad about motorcycles. She also signed a written agreement to buy a one quarter share in a racing greyhound called Dingo.
Linda has now been offered a job a s a cook in a restaurant at 100 pounds a week, provided she can start immediately. She has failed to pay for the motorcycle or the share in the Dingo.
Advise Linda
Self-Study
Adams: Chap. 5,8; Palmer & Hartly: Chap. 5
Moodle
Initial posting as described in evidence and discourse
RESOURCES:
Adams: Chap. 5,8; Palmer & Hartly: Chap. 5
DISCOURSE:
Comprehend the meaning of Intention to create legal relations, certainty and capacity to contract
TOPIC 9: Contract Law: Privity to Contract, Express and Implied Terms
LEARNING OUTCOME for this module:
Student will be able to:
1. Understand the principle of privity of contract
2. Identify and distinguish between express and implied terms
3. Comprehend the meaning of conditions, warranties and innominate terms
4. Explain the meaning of exclusion clauses and evaluate the consequences of their incorporation into a contract
EVIDENCE:
1. Determine whether a third party has any rights/obligations vis-a-vis contract
2. Comprehend the significance of distinction between various types of contractual terms
3. Review whether operation of exclusion clauses can be excluded from a contract
ACTIVITY:
Week beginning
Wk
Session Title and Description
18/11/13
10
Lecture
Tutorial
Contract Law: Privity to Contract, Express and Implied Terms
Write a letter to a friend and critically discuss amongst peers:
Is it true to say that the doctrine of privity of contract is redundant since the Contracts (Rights of Third Parties) Act 1999?
Self-Study
Adams: Chap. 5,6
Moodle
Initial posting as described in evidence and discourse
RESOURCES:
Adams: Chap. 5,6
DISCOURSE:
Privity to Contract, Express and Implied Terms
TOPIC 10: Contract Law: Discharge of contract and Remedies
LEARNING OUTCOME for this module:
Student will be able to:
1. Explain the various ways to discharge a contract
2.Evaluate the impact of breach of a contract
3. Comprehend the remedies available for breach of contract
EVIDENCE:
1. List the four ways of discharging a contract
2. Identify when breach of contract occurs
3. Distinguish between common law, equitable and statutory remedies for breach of contract
ACTIVITY:
Week beginning
Wk
Session Title and Description
25/11/13
11
Lecture
Tutorial
Contract Law: Discharge of contract and Remedies
Q1. Critically Examine:
' When a party has a right to terminate a contract for breach is far from clear and should be clarified'.
Q.2 Aaron has booked tickets to attend an event at Highplace Hall. The event is to include a tour of the grounds and a meal in the hall, followed by a concert featuring the famous pianist, Claudio Quays. Is the contract frustrated if:
(a) on the day before the event, Highplace Hall suffers a fire, and is badly damaged. The grounds are still open, but the Hall is closed, so that the meal and concert cannot take place, or
(b) on the day before the event Claudio Quays sprains his wrist and is unable to perform. The concert is cancelled.
Self-Study
Adams: Chap. 9
Moodle
Initial posting as described in evidence and discourse
RESOURCES:
Adams: Chap. 9
DISCOURSE:
Ways in which a contract can be discharge and associated Remedies
TOPIC 11: Tort of Negligence
LEARNING OUTCOME for this module:
Student will be able to:
1. Define a tort and explain how it differs from contract
2. Explain elements of a tort
3. Discuss defences in tort
4. Examine tort liability for goods and services
5. Examine liability for defective goods and services under the Consumer Protection Act 1987
EVIDENCE:
1. Comprehend the significance of torts vis-a-vis contracts
2. Examine the elements required for the tort of negligence.
ACTIVITY:
Week beginning
Wk
Session Title and Description
02/12/13
12
Lecture
Tutorial
Tort of Negligence
I. Quiz:
1. what must a claimant in an action for negligence prove?
2. in an action for negligence, what factors are important to prove duty of care?
3. What circumstances may bring a duty of care for defective goods to an end?
4. Basil buys a pork pie from Tarragon Stores. The pie was manufactured by Marjoram Foods. Basil shares the pie with Rosemary and they both fall ill. What are the civil law rights of Basil and Rosemary?
5. What are the main differences between liability for negligence and liability under the Consumer Protection Act 1987?
II. Read the case of Piper v JRI (Manufacturing) Ltd (JRI) (2006 EWCA Civ 1344), and examine the following:
(a) Who else might Mr. Piper consider claiming from?
(b) Which tort would his claim be based on?
(c) What problems might he have in proving the case?
Self-Study
Adams: Chap. 13,14; Palmer & Hartly: Chap. 5
Moodle
Initial posting as described in evidence and discourse
RESOURCES:
Adams: Chap. 13,14; Palmer & Hartly: Chap. 5
DISCOURSE:
Legal framework espousing non contractual liability for defective goods and services
TOPIC 12: Legal types of Business organisation: Sole proprietorship, Partnership and Company
LEARNING OUTCOME for this module:
Student will be able to:
1. Comprehend the differences between incorporated and unincorporated types of business organisations
2. Define and describe a sole trader proprietorship
3. Define and describe a partnership
4. Define and describe a Company
5. Comprehend the main differences between a public and private company
6. Describe and define limited companies
7. Evaluate the consequences of incorporation
EVIDENCE:
1. Examine various types of partnership, with special focus on limited liability partnership.
2. Compare and contrast Sole proprietorship with Partnership
3. Discuss the significance of the case of Salmon v Salmon & Co Ltd (1897)
ACTIVITY:
Week beginning
Wk
Session Title and Description
09/12/13
13
Lecture
Tutorial
Legal types of Business organisation: Sole proprietorship, Partnership and Company
I. Quiz:
1. How may incorporation take place?
2.What is the main difference between a partnership and other incorporated associations?
3. Thames, Dover and Wight are members of a partnership called Outdoor Adventures. What is the legal position if:
(a) Thames, without consulting the others, bought two new four wheel drive vehicles from Humber; and
(b) as a result of Thames's purchase, the partnership now has insufficient sums to pay its creditors?
II. Jackie and Simon run the Good Hair Day hair dressing salon, which is prospering. They would like to expand their premises and staff and hope ultimately to open other salons in different locations. They are debating whether to continue to trade as a partnership or set up a limited liability.
Advise Jackie and Simon.
III Gwen and Helen have just won 20,000 each on the lottery. They have decided to fulfil their long term ambition to set up a fashion business. Initially they intend on having a chain of shops in the north of the UK and then depending on the success of that then expanding to the rest of the UK.
They are considering what is the best form of business organisation through which to run their chain of shops and as their accountant have asked you to advise them.
Advise Gwen and Helen of the advantages and disadvantages of forming a registered company compared to a partnership and advise them of the most appropriate option.
Self-Study
Adams: Chap.19
Moodle
Initial posting as described in evidence and discourse
RESOURCES:
Adams: Chap.19
DISCOURSE:
Various types of businesses organisations and their implications on rights and liabilities of people associated with such organisations.
Doctrine of separate legal personality and Lifting of the corporate veil.
4.3Session Required Reading
Author
Date
Title
Publisher
Alix Adams
2012
Law for Business Students
Harlow : Pearson 7th ed.
Ewan MacIntyre,
2012
Business law
Harlow : Pearson 6th ed.
Adrian Palmer & Bob Hartley
2006
The business environment
MCGraw Hill 5th ed.
Janet Morrison
2007
International Business: Challenges in a changing world
Palgrave Macmillan
Penny Darbyshire,
2007
Nutshells English Legal System
Sweet & Maxwell 7th ed.
5.Assessment Details5.1Summary of assessment
Assessment Title
Weight towards final grade
Pass Mark
Length
Due Date
Anticipated Return Date
Header Sheet number
Individual Coursework
50.00%
50%
50%
1800 words
7th November 2013
21st November 2013
Take Home exam
50%
Out of which 10% is dependent on attendance
1000 words
12th December 2013
2nd January 2014
Engagement in Tutorials
80% completed in class activities
Pass/
Fail
500 words
NA
NA
5.2 Detailed description of assessment5.2.1 Individual Coursework Questions:
Attempt only 1 Question.
Q.1 (i) In relation to the law of contract, define and explain consideration.(ii) Critically evaluate the following statements regarding consideration: (a) consideration must be sufficient but does not have to be adequate; (b) past consideration is not good consideration.ORQ.2 Holly offers Elisa her collection of Nadal branded tennis racquets for 2000. Three days later Elisa posts a letterto Holly asking whether Holly would consider taking 1500 for the tennis racquets as the brand has dropped invalue in light of Rafael Nadals lackluster performance in recent grand slam matches of the current year. Hollycomprehends Elisas request as an indication that Elisa doesnt want the tennis racquets at the price offered.Holly also knows that another friend of hers, Rita, would be willing to pay 2200 for them. Holly thus sells thetennis racquets to Rita instead. A week later, Elisa having not heard since from Holly, sends her a letter accepting the offer. The letter crosses inthe post with a letter from Holly informing Elisa that the tennis racquets have been sold to someone else. Elisahad agreed to sell the tennis racquets to her sister-in-law for 2050.Advise Elisa with use of cases.
5.2.2 Take Home Exam Questions:
Attempt only 1 Question.
Qs.1
Anand has operated his own internet business since 2000 and ever since then he has used CallUs Ltd to provide for all of his computer requirements. On the five previous occasions he upgraded his computer network, the contract with CallUs Ltd was in writing and contained a clause stating that:
CallUs Ltd is not liable for any financial or other losses caused through the installation, or use, of any equipment supplied by it, whether as a result of negligence or otherwise of the company or its staff.
In October 2005, Anand once more contacted CallUs Ltd with an urgent request for them to upgrade his computer system before the expected rush of business before the Christmas period. On this occasion, although the terms of the contract were amicably agreed over the phone, due to the need for speed, the contract was not reduced to a written document. However, when CallUs Ltds workers arrived to install the new computers, the foreman handed Anand a delivery note which detailed the number and cost of the new computers and related software. On the back of the document was printed the usual exclusion clause, as stated above. Anand only checked the front of the document and did not notice the statement on the reverse.
On the first occasion that Anand tried to use the new computers a wiring fault caused a fire to break out and as a result, not only was Anand severely burned, but his premises suffered 50,000 worth of damage, and as a result he was not able to supply any goods for Christmas, which caused him to lose a further 100,000.
CallUs Ltd admits that the fire was caused by the negligence of its workers, but is relying on the exclusion clause to deny any liability for the damage caused.
(a) Advise Anand whether the exclusion clause was incorporated into his contract with CallUs Ltd;
(b) Assuming the clause has been incorporated into the contract, advise Anand whether it covers all the damages suffered as a result of CallUs Ltds admitted negligence.
OR
Qs. 2
In January 2009 Abbey entered in a contractual agreement with Penguin Ltd to write a book on Nigerian recipes for publication by the International Food Association. The book was to cover the period from September 2009 till June 2010, and it was a term of the contract that the text be supplied by 30 June 2010 so that it could be printed in time for September. By 30 May 2009, Abbey had not yet started on the text and indeed she had written to Penguin Ltd stating that she was too busy to write the text. Penguin Ltd was extremely disturbed by the news, especially as it had acquired the contract to supply all of the International Food Associations study manuals and had already incurred extensive preliminary expenses in relation to the publication of this new book.
In the context of the law of contract, advise Penguin Ltd whether they can take any action against Abbey.
Marks allocated to criteria:
Criteria
20%
Focus
Does the essay set up a clear essay question to address? Does the essay stay within and fulfil the topic parameters?
30%
Synthesis
Does the essay bring together the literature in a significant manner that addresses an essay question?
30%
Soundness
Does the essay indicate a comprehensive understanding of the topic area and literature discussed?
10%
Clarity of structure
Is the essay well organised and logically constructed to achieve synthesis while being mindful of the needs of the reader?
10%
Mechanical Soundness
Is the essay clearly written, spell checked and grammatically sound and referenced appropriately?
6.Other Details
The majority of information relevant to you while you study at the University has been brought together into your program handbook. Please refer to your program handbook for any further information you might require including:
How to submit assignments,
Deadlines and extenuating circumstances,
Plagiarism and referencing,
Who to go to for advice or if you are concerned,
How to provide us with feedback,
Key administrative procedures.