Banking Academy of Vietnam

Assignment Front Sheet

Qualification

Unit Code / Unit number and title

Pearson BTEC Level 5 HND Diploma in Business

(Accounting)
Student name (vn)

Student name (en)

Y/601/0563
Unit 5 Aspects of Contract and Negligence for
Business
Student ID

Assessor name

John M. Andre
Date issued

Hand in deadline

29 September 2015

To be determined

Assignment title

Submitted on

Contracts

In this assessment you will have opportunities to provide evidence against the following criteria.
Indicate the page numbers where the evidence can be found.

Learnin
g
Outcom
e

LO1

LO2

In this assessment you

Learning Assessmen will have the opportunity
outcome
t Criteria
to present evidence that
shows
are able
to:
Explain
theyou
importance
of the
Understand
the essential
elements of a
valid contract
in a business
context

Be able to
apply the
elements of a
contract in
business
situations

1.1
1.2

Tas
k
no.

essential elements required for

the formation of a valid contract
Discuss the impact of different
types of contract

Evidence
(Page no)

1
1

1.3

Analyse terms in contracts with

reference to their meaning and
effect

2.1

Apply the elements of contract

in given business scenarios

2.2

Apply the law on terms in

different contracts

2.3

Evaluate the effect of different

terms in given contracts

Student declaration
I certify that the work submitted for this assignment is my own. I have clearly referenced any sources
used in the work. I understand that false declaration is a form of misconduct.

Student signature:

ACNB A1

Date:

Banking Academy of Vietnam

In addition to the above PASS criteria, this assignment gives you the
opportunity to submit evidence in order to achieve the following MERIT
and DISTINCTION grades
Grade Descriptor
M1 Identify and apply
strategies to find
appropriate solutions

Indicative
characteristic/s
An effective approach to
study and research has been
applied.

Contextualisation
To achieve M1, you will have participated
actively (showing you have done the
recommended reading) during in-class
discussions.
(Task 1)

M2 Select / design
and apply appropriate
methods / techniques

M3 Present and
communicate
appropriate findings

The appropriate structure and

approach has been used.

D1 Use critical
reflection to evaluate
own work and justify
valid conclusions

Self-criticism has been shown

regarding analysis and
recommendations.

D2 Take responsibility
for managing and
organising activities

Activities have been

managed.

D3 Demonstrate
convergent / lateral /
creative thinking

Innovative and creative

thought have been applied.

To achieve M3, you will have presented

the report in a professional manner
(proper formatting, proper use of
referencing, depending only on accepted
academic references and avoided
referencing any public websites, using a
proper structure, using persuasive
arguments, etc.) and appropriate for
those familiar and unfamiliar with the
subject of contracts.

(Task 1)
To achieve D1, you will have evaluated
your judgements against existing UK or
Commonwealth case law.

(Task 1)
To achieve D2, you will have included
evidence of relevant, wide reading of
academic sources within your report.

(Task 1)
To achieve D3, you will have used
innovative and create thought with
regards to arguments and counterarguments.

(Task 1)

ACNB A1

Banking Academy of Vietnam

Assignment Brief
Qualification

Pearson BTEC Level 5 HND Diploma in Business (Accounting)

Unit number and title

Unit 5: Aspects of Contract and Negligence for Business

Assessor name

John M. Andre

Date issued

5 October 2015

Hand in deadline

5 November 2015

Assignment title

Contracts

Scenario
Mr. Juan Valdez owns and runs a construction company which specializes in
building warehouses and single-family houses in Nottingham, England. His
company is dealing with several issues and has hired you to provide some
legal advice on these cases.
The first case involves Joan who said that she would be willing to pay 100
per day to Mr. Valdez if he would allow her to park her truck on his
Sherwood Forest construction site during lunch, every week, Monday
through Friday for the next six months. Joan believes she can sell lunch to
the workers and make a lot of money. After one week, the manager of the
building site complained that the workers are taking too long to eat at
Joans truck and would like Mr. Valdez to cancel the contract. Joan says she
is making 500 profit per day and has no desire to end the contract early
but Mr. Valdez is thinking of just telling her she can no longer come onto his
site and that will solve the problem.
The second case is with a son of a client, Chris. The sons name is Ricky.
Chris contracted Mr. Valdezs company to build a house for his son, Ricky,
and daughter-in-law, Sue. Six months after the project started, Ricky was
walking through the construction site and noticed there were no power
outlets. Ricky asked the manager of that site Where is the electricity?
The manager said There is no electricity in this house. We did not run the
wires for that. Ricky said that he better fix it but the manager said that will
put him way over budget and Chris should have written that into the
contract. Ricky says he will sue if they do not install power outlets in every
room. Mr. Valdez thinks Chris should pay more because he never said he
wanted electricity before.
The third case is with Donald, the boy who delivers Mr. Valdezs newspaper
every morning. Mr. Valdez said If you bring the paper every morning
before 7am, I will give you an extra 50 per month. Donald did deliver

ACNB A1

Banking Academy of Vietnam

every morning before 7am but Mr. Valdez thinks this is just good customer
service and now refuses to pay the additional money. Donald, who is 12
years old, insists that Mr. Valdez keeps his promise.
The final case involves Barb who provides exorcism services. Mr. Valdez
called her and asked her to come and get rid of all the evil spirits on his
latest building site in Yorkshire. Barb said she would only do the work if Mr.
Valdez also agreed to hire Barbs son to work on the site, because he has
not been able to find work. Barb told Mr. Valdez that her standard terms
include that she only provides her best efforts and she will not pay for
any physical or mental injuries to workers because her powers are so
strong she might damage the spirit of anyone who is on the building site
when she does her exorcism. Mr. Valdez said I agree to all of these things
but did not think that warning was very serious so he told all the workers to
continue working as normal and to ignore Barb. When Barb arrived at the
site, she saw all of the workers and said that she refused to do her
exorcism while workers were present and she left. Mr. Valdez wants to sue
to force her to do as she promised.
Task 1 (LO 1: 1.1, 1.2, 1.3, 2.1, 2.2, 2.3 and M1, M3, D1, D2, D3)
You have been asked to prepare business report to Mr. Valdez advising him
on how to proceed with his various cases and to help him understand the
legal aspects of contracts so he can respond independently in future
situations.
Your report should cover the following details for each case:
What is Mr. Valdezs best legal argument?
What is the other partys best legal argument?
Who is most likely to win if the case goes in front of a judge?
Make sure that your analysis identifies all of the essential elements of valid
contracts, giving examples from at least one of the four cases above. Also
explain at least 3 different terms in at least 2 different cases above and how
a judge would interpret those terms if the cases went to court. Additionally,
ensure you explain to Mr. Valdez the different forms that contracts can take
and how the form can impact the outcome of a trial, using examples from
his cases.
Remember, your task is both to prepare Mr. Valdez for the possibility of
going to court but also to educate him for the future so he can act more

ACNB A1

Banking Academy of Vietnam

independently.
To achieve M1, you will have participated actively (showing you have done
the recommended reading) during in-class discussions.
To achieve M3, you will have presented the report in a professional manner
(proper formatting, proper use of referencing, depending only on accepted
academic references and avoided referencing any public websites, using a
proper structure, using persuasive arguments, etc.) and appropriate for
those familiar and unfamiliar with the subject of contracts. The opinions you
give will be supported with proper academic evidence.
To achieve D1, you will have evaluated your judgements against existing UK
or Commonwealth case law.
To achieve D2, you will have included evidence of relevant, wide reading of
academic sources within your report.
To achieve D3, you will have used innovative and create thought with
regards to arguments and counter-arguments.
Evidence
checklist
Task 1

ACNB A1

Summary of evidence required by student

Prepare business report advising Mr. Juan Valdez on how to proceed on
his four cases.

Evidence
presented

Banking Academy of Vietnam

PRESENTATION
1. The assignment should have a cover page that includes the assignment
title, assignment number, course title, module title, Lecturer name and
students name.
2. Ensure that authenticity declaration has been signed by typing your name.
3. This is an individual assignment.
4. You are to submit the assignment in the electronic submission system and
also email your report (to Students@JohnMAndre.com) before the
submission deadline in .DOCX format with the filename ACNB_A1_F01001.docx (where F01-001 is your student ID). Failure to properly submit
may cause you to fail all outcomes.
5. A fully typed up professionally presented report document. Use 12 point
Calibri font.
6. Your assignment should be word-processed and should not exceed 3,000
words in length.
7. Word count limit includes only the introduction, body, and conclusion.
8. The assignment should contain a list of any references used in the report.
9. Use the Harvard referencing system.

NOTES TO STUDENTS FOR SUMMISSION

Check carefully the submission date and the instructions given with the
assignment. Late assignments will not be accepted.

Ensure that you give yourself enough time to complete the assignment by
the due date.

Do not leave things such as printing to the last minute excuses of this
nature will not be accepted for failure to hand-in the work on time.

You must take responsibility for managing your own time effectively.

If you are unable to hand in your assignment on time and have valid
reasons such as illness, you may apply (in writing) for an extension.

Failure to achieve a PASS grade will results in a REFERRAL grade being

given.

Take great care that if you use other peoples work or ideas in your
assignment, you properly reference them in your text and any
bibliography.

NOTE: If you are caught plagiarizing, the University policies and

procedures will apply.

ACNB A1

Banking Academy of Vietnam

Achievement Summary
Qualification

Pearson BTEC Level 5 HND

Diploma in Business
(Accounting)

Assessor
name

Unit Number
and title

Unit 5 Aspects of Contract and

Negligence for Business

Student name

Criteria
Reference

John M. Andre

To achieve the criteria the evidence must show that

the student is able to:

Achieved
?
(tick)

LO 1
1.1

Explain the importance of the essential elements required for the

formation of a valid contract

1.2

Discuss the impact of different types of contract

1.3

Analyse terms in contracts with reference to their meaning and

effect

LO 2
2.1

Apply the elements of contract in given business scenarios

2.2

Apply the law on terms in different contracts

2.3

Evaluate the effect of different terms in given contracts

Higher Grade achievements (where applicable)

Grade descriptor

Achieved
?
(tick)

Grade descriptor

M1: Identify and apply strategies

to find appropriate solutions

D1: Use critical

reflection to evaluate
own work and justify
valid conclusions

M2: Select/design and apply

appropriate methods/techniques

D2: Take responsibility

for managing and
organising activities

M3: Present and communicate

appropriate findings

D3: Demonstrate
convergent/lateral
/creative thinking

ACNB A1

Achieved
?
(tick)

Banking Academy of Vietnam

Assignment Feedback
Formative Feedback: Assessor to Student

Action Plan

Summative feedback

Feedback: Student to Assessor

Assessor Signature

Date

Student Signature

Date

FOR INTERNAL USE ONLY

VERIFIED
DATE

YES

NO

: .................................................................

VERIFIED BY : .................................................................
NAME

ACNB A1

: .................................................................