Coursework
Commercial Law Level 6 – LAW1219
Introduction
This coursework is designed to develop and test your understanding of the legal framework of aspects of commercial law 40% of the total course marks.
Aims
Describe and explain important aspects of the Law of England and Wales relating to contracts, terms and commercial law;
Apply the relevant law to factual scenarios;
Research at an appropriate level for a level 6 law student into this area of law using a variety of primary and secondary sources both paper and electronic;
Write both time-limited and word-limited assignments at an appropriate level for a level 6 law student;
Reflect on your learning in class and on feedback from assignments.
Learning Outcomes Assessed
(1, 2, 3, 5, 6,7. And 8).
Objectives
At the end of the coursework you should be able to:
Show a good understanding of the principles, which Freehold Covenants
Show a good understanding of developments and recent reforms of Land Law
Be able to identify salient cases and appreciate the core principles they set out
Demonstrate ability to critically assess such developments/reforms in the light of the question
Demonstrate good written skills
Demonstrate the ability to use various legal authorities to support your arguments
The Tasks
Produce a word-processed answer not exceeding 3,500 words in length to the question below
Please note that your work must be fully referenced and that a bibliography and a word count must be provided. Please note the University’s regulations on plagiarism.
Assessment Weighting
This assessment, including the assessment preparation record, is worth 40% of the marks for this course
Note that you must hand in the coursework through Moodle and Turnitin by 23.30 on the due date. There is no technical support after 5 pm, so you are strongly advised to hand in before that time. You do not require a header sheet. Do not put your name on your coursework – it will be marked online anonymously. This anonymity means that we will not be able to tell you if your coursework has been submitted successfully.
The Question
John the owner of J Limited, a computer shop, enters into a contract with Melisa, the owner of the computer games company M Limited, for the supply of 30 brand new custom-made state of the art desktop computers, totaling £45,000, for members of staff working in M Limited. Melisa chose the relevant hardware and software from John’s “Ready-to-build” catalogue. Melisa makes known to John that the desktop computers must be able to run the latest software and produce graphics without any lag. John demoed a game to run at 4k resolution. Melisa was very impressed with the demo. Melisa also pointed out to John that all computers must be completely build-up and delivered by 1st April 2020, as she needed them for the big opening at E3 exposition a week later. Melisa paid 50% of the total price upon booking and the remaining monies were owed on 1st May 2020.
On 21st March 2020, John delivered the 30 desktop computers to M Limited. Melisa was on holiday, so he did not unpack the computers until she was setting up her stall at the show. Upon switching on all the machines, Melisa found out that 15 desktop computers are not able to run the chosen software due to general hardware failures. Moreover, most of the machines are not capable of running games at 4k resolution. It took John and his employees a few days to troubleshoot and found out that the cause of the issue. It has significantly impacted on Melisa’s ability to install and run 4k games on all 30 desktop computers being connected at the same time during the E3 exposition. Because of this, Melisa had lost a £1 million contract with Electronic Arts to design a game that will run on 4k resolution. Melisa refused to pay John until the issues are ironed out. John attempted to repair the computers but they soon developed the fault again.
The contract that both John and Melisa had signed was based on J Limited’s standard terms and conditions which includes the following clauses:
“The buyer shall not withhold any payment on grounds of breaching any implied terms in this agreement.”
On 21st March one of Melisa’s employees signed a delivery note that contained the same clause and three further clauses.
1) By signing thus delivery note the buyer is deemed to have inspected the items and found them to be of satisfactory quality.
2) The seller limits all claims for damages to:
i. The total value of the goods supplied
ii. Or a maximum of £100
3) The seller will retain all ownership of the desktop computers unless the buyer has paid all monies owed to the seller in full.
One inspection Melisa found that these clauses were also on the back of the receipt she received on the purchase of the computers.
Last week Melisa was visited by the police who impounded 15 of the computers informing her that they suspected John of using fraudulently sourced components paying with a forged bankers draft.
Melisa has now had to source 15 more computers at considerable extra cost in order to meet her contractual obligations.
To make matters worse Melisa has heard that John’s company is having financial difficulties and may have to go into administration.
Advise Melisa as to her rights, remedies and obligations under Commercial law.