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INSTITUT JATI

BTEC EDEXCEL HIGHER NATIONAL DIPLOMA IN BUSINESS AND FINANCE BTEC Unit No: 5 Assessor: Selvavishnu Internally Verifier: MS. NG SIEW FENG Chief Internally Verifier: MS. NG SIEW FENG
Programme: Unit Number and Title: Assignment Ref. Number: Module Tutor: Email: Date Set: Learner's Name: BTEC Higher National Diploma (HND) in Business (H2) Unit 5, Common Law 1 CL03-10 Selvavishnu selva.vishnu@legendagroup.edu.my 18 March 2010 Learner's ID. Date handed-in.:

Assignment ref. no.: CL010309

Plagiarism Statement I declare that, apart from properly referenced quotations, this report is my own work and contains no plagiarism; it has not been submitted previously for any other assessed unit on this or other courses.

Learner's Signature:

Date:

Learning outcomes and criteria covered by this assignment

LO1 [5.1]: LO2 [5.2]: P1: [5.1.01]:

Understand the essential elements of a valid and legally binding contract and its role in a business context Explore the significance of specific terms in a business contract Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract

P2: [5.1.02]: P3: [5.1.03]: P4: [5.1.04]: P5 [5.2.01]: P6 [5.2.02]: P7 [5.2.03]:

Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology Assess the importance of the rules of intention and consideration of the parties to the agreement Explain the importance of the contracting parties having the appropriate legal capacity to enter into a binding agreement Analyse specific contract terms with reference to their importance and impact if these terms are broken Apply and analyse the law on standard form contracts. Discuss the effect of exemption clauses in attempting to exclude contractual liability

Unit 5: Common Law 1

Assignment March 2009

Jatil college

INSTITUT JATI
BTEC EDEXCEL HIGHER NATIONAL DIPLOMA IN BUSINESS AND FINANCE BTEC Unit No: 5 Assessor: Selvavishnu Internally Verifier: MS. NG SIEW FENG Chief Internally Verifier: MS. NG SIEW FENG
M1 [5.1]: M2 [5.2]: M3 [5.2]: D1 [5.1]: D2 [5.2]: D3 [5.2]: Identify and apply strategies to find appropriate solutions Select/design and apply appropriate methods/techniques Present and communicate appropriate findings Use critical reflection to evaluate own work and justify valid conclusion Take responsibility for managing and organizing activities Demonstrate convergent/lateral/creative thinking

Assignment ref. no.: CL010309

Learner's Brief
Programme: Unit Number and Title: Assignment Ref. Number: Module Tutor: Email: BTEC Higher National Diploma (HND) in Business (H2) Unit 7, Business Strategy 7.1.1-London 2012 Olympic Games-A threat or Opportunity Aliar Hossain (BSc, MIBA, Dip in SD, MIBC, Cert in Leadership) a.hossain@guildhall.ac

Distribution date: Submission date:

18 March 2009 02 June 2009 Introduction

The aims of this assignment are to: provide students with a knowledge and understanding of the principles of the law of contract, in relation to the running of a professional practice/business; and to develop an ability to analyse legal issues and to apply these principles to their solution. The intention is to help you to understand the legal issues related with drafting a contract, interpreting terms in a ontract and examine the validity of an exclusion clause. This involves understanding and demonstrating relevant aspect of Law of Contract and ability to explain clearly and accurately the principles of Law of Contract.

Unit 5: Common Law 1

Assignment March 2009

Jatil college

INSTITUT JATI
BTEC EDEXCEL HIGHER NATIONAL DIPLOMA IN BUSINESS AND FINANCE BTEC Unit No: 5 Assessor: Selvavishnu Internally Verifier: MS. NG SIEW FENG Chief Internally Verifier: MS. NG SIEW FENG Assignment ref. no.: CL010309

Assingment
Ali is an antique dealer and one Saturday in November 2009 he put a vase in the window of his shop with a sign which stated exceptional piece of 19th century pottery on offer for 500. Ben happened to notice the vase as he walked past the shop and thought he would like to have it. Unfortunately, as he was late for an important meeting, he could not go into the shop to buy it, but as soon as his meeting was finished he wrote to Ali agreeing to buy the vase for the stated price of 500. The letter was posted at 11:30 am. Later on the same day, Chet visited Alis shop and said he would like the vase but was only willing to pay 400 for it. Ali replied that he would accept 450 for the vase, but Chet insisted that he was only willing to pay 400 and left the shop. However, on his journey home Chet realised that 450 was actually a very good price for the vase and he immediately wrote to Ali agreeing to buy it for that price. His letter was posted at 12:30 pm. Just before closing time at 5 pm. Diana came into Alis shop and she also offered 400 for the vase. This time Ali agreed to sell the vase at that price and Diana promised to return the following Monday with the money. On Monday morning Ali received both of the letters from Ben and Chet before Diana could arrive to pay and collect the vase. Required: i. ii. iii. a) In relation to the law of contract, explain the legal significance of : Distinguish an offer and an invitation to treat Past consideration Different types of business agreement In relation to law of contract, Advise Ali as to his legal relation with Ben, Chet and

b) Diana

Unit 5: Common Law 1

Assignment March 2009

Jatil college

INSTITUT JATI
BTEC EDEXCEL HIGHER NATIONAL DIPLOMA IN BUSINESS AND FINANCE BTEC Unit No: 5 Assessor: Selvavishnu Internally Verifier: MS. NG SIEW FENG Chief Internally Verifier: MS. NG SIEW FENG Assignment ref. no.: CL010309

TASK 2 Mrs Cobbing takes her expensive evening gown to the shop of Williment Dry Cleaning Ltd to be cleaned. Inside the shop is a notice which states customers are advised that compensation for loss or damage to garments is limited to a maximum of RM10 per item. Mrs. Cobbing queries this notice with manager who assures her that she will get adequate compensation for any loss or damage incurred. Mrs Cobbing leaves her gown with Williment Dry Cleaning Ltd who lose the gown. Mrs Cobbing receives a cheque for RM5 but dry-cleaners refuse to consider any further claim. Required: a) Prepare a report to Mrs Cobbing, discussing the importance and validity of an exclusion clause b) Draft a valid Exclusion Clause for Willlment Dry Cleaning Ltd

Specification of Assessment
Requirement 1.0 Succinct outline of an offer, an invitation to treat, past considerationt. [P1] Some literature analysis/ compare and contrast scenarios. [P3] Present and communicate appropriate findings. [M3] Discuss critically, how does an offer and an invitation to treat effect an agreement . [P4] Discuss its impact of Exclusion Clause on the business . [P5]

Discuss the impact of technology on contract. [P2]


Requirement 2.0 What do we mean by Exclusion Clause. And how does it effect the business[P7] Some theoretical analysis with framework such as application of U.C.T.A. . [P6] Coherent discussion/ development of ideas. [P3] Use critical reflection to evaluate your research and justify valid conclusion. [D1] Requirement 3.0 Identify key issues effecting parties in task 1 . [M1] Demonstrate accurate knowledge and application of appropriate legal principles, case studies and overall presentation. [M2] Discuss the responsibilities for key business people and policy maker to manage and organise activities. [D2] Demonstrate the ability to assemble, select and evaluate evidence to sustain structured arguementconvergent/lateral/creative thinking. [D3]

Unit 5: Common Law 1

Assignment March 2009

Jatil college

INSTITUT JATI
BTEC EDEXCEL HIGHER NATIONAL DIPLOMA IN BUSINESS AND FINANCE BTEC Unit No: 5 Assessor: Selvavishnu Internally Verifier: MS. NG SIEW FENG Chief Internally Verifier: MS. NG SIEW FENG Assignment ref. no.: CL010309

Requirement to pass: A pass grade is achieved by meeting all the requirements defined in the assessment criteria for each individual unit Achievement of a merit or distinction grade All the assessment criteria and merit grade descriptors need to be completed within a unit to achieve a merit grade. All the assessment criteria merit and distinction grade descriptors must be completed within a unit to achieve a Distinction grade. Article I. Plagiarism and Collusion

Any act of plagiarism and collusion will be seriously dealt with according to the regulations. In this context the definition and scope of plagiarism are presented below: Using the work of others without acknowledging source of information or inspiration. Even if the words are changed or sentences are put in different order, the result is still plagiarism. (Cortell 2003) Collusion describes as the submission of work produced in collaboration for an assignment based on the assessment of individual work. When one person shares his/her work with others who submit part or all of it as their own work.

Article II.

Extension and Late Submission

If you need an extension for a valid reason, you must request one using a coursework extension request form available from the college. Please note that the lecturers do not have the authority to extend the coursework deadlines and therefore do not ask them to award a coursework extension. The completed form must be accompanied by evidence such as a medical certificate in the event of you being sick.

Unit 5: Common Law 1

Assignment March 2009

Jatil college

INSTITUT JATI
BTEC EDEXCEL HIGHER NATIONAL DIPLOMA IN BUSINESS AND FINANCE BTEC Unit No: 5 Assessor: Selvavishnu Internally Verifier: MS. NG SIEW FENG Chief Internally Verifier: MS. NG SIEW FENG Assignment ref. no.: CL010309

Information/feedback on assessment and grading criteria Assessment criteria (Pass-P) Achieved Yes/No
P1:Succinct outline of an offer, an invitation to treat, past consideration

Evidence Report Report Report Report Report Report Report

Feedback

P2: Discuss the impact of Technology on contract P3: Coherent discussion/ development of ideas P4: Discuss critically, how does an offer and an invitation to treat affect an agreement P5: Discuss the impact of an

Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No

exclusion clause.
P6: Some theoretical analysis with framework such the application of U.C.T.A P7: What do we mean by an Exclusion clause.and the effect on business

Grading criteria (Merit-M; Destination-D) M1: Identify key issues affecting the parties in case study M2: Demonstrate accurate knowledge and application of appropriate legal principles case laws, M3: Present and communicate appropriate findings D1: Use critical reflection to evaluate own work and justify valid conclusion D2: Discuss the responsibilities for key business people and policy maker to manage and organise activities D3: Demonstrate the ability to assemble, select and evaluate evidence to sustain structured arguments with convergent/lateral/creative thinking.

Achieved Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No

Evidence Report Report Report Report Report Report

Feedback

Unit 5: Common Law 1

Assignment March 2009

Jatil college

INSTITUT JATI
BTEC EDEXCEL HIGHER NATIONAL DIPLOMA IN BUSINESS AND FINANCE BTEC Unit No: 5 Assessor: Selvavishnu Internally Verifier: MS. NG SIEW FENG Chief Internally Verifier: MS. NG SIEW FENG Assignment ref. no.: CL010309

Assessors general comments:

Assessors Signature Print Name:

Date:

Learners comments:

Signature Print Name:

Date:

Unit 5: Common Law 1

Assignment March 2009

Jatil college