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Contract and Business law

You have decided to take an interest in Law especially Contract and Business law. You have managed to get some work experience within Wilkins & Co law firm that deal with these aspects on a day to day basis. Before you start helping the legal team, Baroness Wilkins wishes to test your legal knowledge in these two areas. Complete the following by building up a portfolio of evidence and case law to hand in on the date provided. Criteria P1 Task 1

Produce a poster of the essential elements of a contract then prepare a factsheet explaining the essential elements of a contract in an area of your choice. Examples, your own mobile phone contract, college contract or other contracts that you are interested in. (Make sure you cover when and how a contract comes in to existence, invitations to treat, offer, acceptance and counter offers. ) Criteria M1 Task 2 Taking what you have done with P1 a stage further, write up and analyse the impact of the requirements of the contract you have chosen.

(Don’t forget look at the strengths and weaknesses of the formation of the contract, include relevant problems that you have looked at such as: good or weak about the offer, implications of pricing through invitation to treat, clarity of communication and capacity for acceptance, likelihood of counter offers. ) Criteria P2/D1 Task 3 Prepare a report explaining how statutes affect contractual terms and the meaning of key terms in a contract with an evaluation at the end. (for P2, describe what express & implied terms are in relation to a

contact you have studied and how each affected by statute. Statutes are Acts of Parliaments, e. g. Sale of Goods Act 1979, or Unfair Contract terms Act 1997) (For D1, a justified conclusion needs to be reached, on how well the business protects its self from things like non payment or failure of delivery. You should also look at how adequately the buyer is protected from issues such as poor quality or late delivery. ) Criteria P3 Task 4 Prepare a presentation in your own words describing the effects of legislation on contracts for the sale of goods to protect consumers.

(Make sure you describe the Sale of Goods Act 19. Include quality and fitness for purpose; make sure you relate to the goods you have chosen. ) Criteria P4 Task 5 Describe how consumers might be protected in a contract for the supply of goods and services such as faulty plumbing of a new kitchen. (Describe the Supply of Goods and services Act 1982. Include the quality and delivery of services, relating to the service that is required. ) Criteria M2 Task 6 Analyse how consumers are protected in the event of a breach of contract for the supply/sale of goods or services.

(You should analyse, include benefits & weaknesses, specific issues relating to the creation of the contract, e. g. exclusion clauses and how consumers might be protected in the event of a breach of contract, then discuss how effective the legislation is. ) Criteria P5 Task 7 Use a contract you have been studying and describe the remedies available for a breach of contract. (Include a description of damages, how these damages are assessed and the different types available. You should briefly include a description of other remedies available.

You should be able to describe issues such as reservation of title and issues of retention of ownership until the contract has been paid; you need to demonstrate understanding of the distinction between ownership and possession. ) Criteria M3 Task 8 Analyse the remedies available to a business provider in the event of a breach of contract for the supply of goods or services. (Using the damages and remedies you have described, you should now consider the strengths and weaknesses of each when applied to breach of contract situation.

How well do they seek to resolve the situation? ) Criteria D2 Task 9 Evaluate the statutory protection given to a consumer in their dealings with a business and the remedies available. (You should give a judgment, based on evidence you have written for M3, about how well the law protects the consumer and business including damages and equitable remedies. You should also include an evaluation of the court process, features of the process and suggesting ways to resolve the dispute. )

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This was posted in Bdaily's Members' News section by Gregg Patel .