Aspects of Contract and Negligence Law

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Aspects of Contract and Negligence Law

Format content and presentation of task answers:

task 1 please submit notes for a presentation. However,these notes should be more substantial than bullet
points, with enough substance to enable a person delivering the presentation to explain the legal points
involved

task 2 You should use a letter format. The content of the letter should identify the legal issues, define legal principles and apply the law to the scenario

task 3 Please produce a briefing note. You must answer the specific questions asked. The information contained in
the note needs to be more substantial than bullet points and must contain enough substance to ensure you show
an adequate understanding of the legal issues

task 4 As for task 3 above

SITUATION
You are employed as a fee earner by Barker and Clive solicitors In Clegdon On return from vacation, you find that you have been left a number of pressing matters on your desk by the senior partner Ian Page. .Ian is away on a lengthy trial in Leeds, and will be out of the office for a few weeks. In the meantime, he has left you
a note to deal with the following tasks as a matter of urgency.

Task 1 ( word-limt = 600)
Ian had promised to deliver a talk at Clegdon college on various aspects of Contract. However, now that he has been called away, he is unable to meet this commitment, and the job is now delegated to you

Prepare and design a presentation which

a) Identifies the essential elements of a valid contract, and explains their importance

b) Discusses the impact of different types of contract

c) Explains the meaning and effect of different types of terms in a contract

Task 2 ( word-limit = 400)
Carl Smith, a company Training officer, was browsing the internet for materials when he came across a site run by Classic Training.com, which was offering a set of DVDs on team- building training for 120. In accordance with the instructions of the site, Carl sent an e-mail to Classic Training ordering the dvds and and giving his credit card details.

About 30 minutes later, he found another site ,run by Directtraining, which was offering the same set of dvds for 75.He selected this set and then moved to the web-sites checkout page. Here he was asked to fill out a form, giving his details ,including his credit card number .He was then presented with a page setting out the details of his order and asking him to click on the confirm order icon if he wished to proceed. Carl did so.He then
Immediately sent a second e-mail to Classic Training cancelling his previous order.Five minutes later he received an e-mail response from Classic training , confirming that his order was being processed.

The next day Carl received an e-mail from Direct Training explaining that the price of 75 had been posted in error, and that the real price was actually 135. He also received a further e-mail from ClassicTraining stating that his second e-mail had come too late; the processing of his order was continuing , and his credit card would be charged with 120.

Advise Carl, who wishes to hold Direct Training to the price stated on the web-site, and does not wish to proceed with the transaction with Classic Training

Task 3 ( word-limit = 500
A letter has just been received from a very distressed mother relating To her son Asad, who has just had his sixteenth birthday. Asad has won several junior boxing competitions, and he wants to become a professional boxer.

Six months ago, Asad entered into an agreement with Mr Abdul Bashir.
The agreement relates to a three year apprenticeship with Abduls boxing Academy, Fight Right. Abdul has in the past offered similar apprenticeships, and has used his own standard written contract containing standardised
provisions.

Some of the main clauses in the agreement are set out below:

a) No apprentice shall take on any paid work of any kind whatsoever during the currency of this agreement

b) All apprentices must be prepared to travel anywhere in the world and be responsible for their own travel expenses

c)The agreement may be terminated at any time without giving notice

Write a briefing note to Ian Page dealing with the following issues:

1) Whether or not the agreement which Asad entered into is legally binding

2) A discussion of the advantages and disadvantages of
standard form contracts in legal agreements

Task 4 ( word-limit = 500)
HotSafe Ltd cleans and services ovens for the catering trade .Garside is a caterer who supplies ready-made cooked meals, using the five gas ovens he has on his premises.
HotSafe and Garside entered into an agreement by exchange of e-mails whereby HotSafe contracted to clean and service Garsides ovens every 12 weeks. Hotsafe then sent Garside a copy of its Terms and Conditions of Business. Clause 5 of these read as follows:

HotSafe Ltd shall not be responsible under any circumstances for any loss, damage or injury suffered by the client , except to the extent that such loss or damage is attributable to any employee of Hotsafe Ltd. In any case, the liability of HotSafe is limited to a maximum of 500.

Four services were carried out satisfactorily .At the next service, HotSafes engineer, Jim ,did not arrive as scheduled. Because of a mix-up in relation to his work rota. The following week, as a result of a fault in a part of one of the ovens, which would have been discovered as part of the service, the oven exploded, causing burns to Garside, and extensive damage to the kitchen. The kitchen was out of action for a week, and Garside lost business to the value of 5000

Advise Hotsafe Ltd as to any liability it may have towards Garside, and also advise on any possible defences
:)

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