Explain legal issue- how to identify the issue

First Assessment

This is an individual piece of coursework worth 40% of the

unit mark

Please read the following instructions before beginning to answer to the

questions on pages 17 – 18

HAND IN DATE This coursework must be submitted via Turnitin

by 23.55, 12TH January 2018. You will find the

dropbox called January Coursework

Submission by clicking on Coursework in the

menu at the top of this Unit’s Moodle site.

It is crucial you include your student ID

number in the file name

Before submission students are

encouraged to submit draft work through

the Turnitin student checkpoints to check

for plagarism

There are mark penalties for late submission

see page 34 in the Unit handbook

FONT + LINE SPACING Coursework should be word processed. Font

size should be between 11 and 14 and

‘easy to read’ e.g. calibri, arial, times new

roman. Line spacing should be between 1.5

and 2 with (approx.) 4 cm margins all

round. The Header must include the

student number and the Footer must

include a page number

WORD LIMIT 1500 words excluding footnotes and bibliography. The word count should be clearly stated on the first page of your answer. Failure to state a word count will result in a penalty of 5% of the original mark awarded. A falsely

stated word-count is an assessment offence which may result in a penalty, including the reduction of the mark to 0%. Note, that footnotes should be used to reference sources only. Markers are free to disregard footnotes that contain inappropriate information or information that should belong in the main text. Coursework that is over the stated word limit will result in a penalty of 10% of the original mark awarded. For the avoidance of doubt, the penalty will be applied to any work that exceeds the stated word limit of 1500 words excluding footnotes and bibliography. Students are NOT permitted to exceed the word limit by 10% or any other amount.

MARKS University Regulations stipulate marking be done 20 working days after 12th January 2018. Marks will be released to you on 9th February. FEEDBACK Personal feedback for guidance on progress

and understanding will be given on each

marked script. Additionally an outline answer to

the coursework questions and generic feedback

will be on Moodle at the end of February 2018.

Informal feedback will also be given in seminars

once marks have been released

Learning Outcomes This coursework covers the following learning

outcomes:

1.Demonstrate a detailed knowledge of the law

and practice in key areas of contract law and

the law of negligence;

2.Recognise, understand and apply appropriate

case law and legislation to realistic business

problem scenarios;

3.Critically evaluate the law of contract and

negligence.

FOOTNOTES Should be used to reference sources.

REFERENCING Referencing is required to give intellectual credit

to your source, helps the marker recover your

source easily and avoids you being accused of

plagiarism.

Students must reference sources using the

Oxford Standard for the Citation of Legal

Authorities (OSCOLA). Details of this can be

found on pages 23 – 25

Students should ensure all sources are

fully cited in footnotes and in their

bibliography in accordance with OSCOLA and

that indentation or quotation marks (as

appropriate) are used when quoting.

Students who fail to include a bibliography

will be penalised likewise poor citation of

sources will result in a loss of marks.

Guidance on referencing maybe found at

www.referencing@port.ac.uk

Reference should be made to the primary

source, except when the primary source can no

longer be obtained.

PLAGIARISM Students are reminded of the need to avoid

plagiarism. The University Regulations

describe plagiarism as:-

“The incorporation by a student in work for

assessment of material which is not their own,

in the sense that all or a substantial part of the

work has been copied without any adequate

attempt at attribution, or has been incorporated

as if it were the student’s own when in fact

it is wholly or substantially the work of another

person or persons.”

Any student suspected of plagiarism will be

referred to the Student Assessment &

Assessment Regulations Lead and an

Academic Misconduct Hearing will be arranged

with all appropriate penalties applied if

misconduct is found.

Students are reminded that the University will

not tolerate academic dishonesty in any form.

This is cheating. For further guidance see

Student Handbook pages 8 and 9:

http://www.port.ac.uk/accesstoinformation/policies/teachingandlearning/filetodownload,7345

2,en.pdf

If any student has a query about any of the

above points and wishes to obtain clarification

or further information please contact the unit co-

ordinator or your seminar tutor

Electronic Copy of Work Students should retain an electronic copy of their coursework including all drafts, so that any

draft or the submitted answer may be check by

a member of staff should a member of staff feel

the need to do so. Failure to send an electronic

copy of the coursework to a member of staff

who has asked for a copy may result in a

penalty.

ASSESSMENT CRITERIA – Please see page 32 -33 in the Handbook.

Please read the case study below and answer the 2 questions

at the end

On Saturday Fernando sees an advertisement in the local paper:

First edition of Lord of the Rings, signed by JRR Tolkien

for sale £7,000. Telephone Simon on 01234 – 60000

or e-mail simon@barad.co.nz

Fernando, who knows Simon’s address, immediately puts a cheque in the post for

£7,000 together with an additional sum to cover postage and package, with a note

asking Simon to send the book directly to him.

On Sunday evening, upon seeing the advert, Ali e-mails Simon and asks if he will

accept £6,500 for the book. Simon emails back saying that the book is offered for

sale at £7,000 and if Ali wants it he must email him back before 2200. At 2130 Ali

emails Simon back saying he does want to buy it for £7,000 and will put a cheque in

the post to him that evening. This email arrives in Simon’s inbox at 2135 but he

mistakes it for spam and so deletes it without opening it. Ali puts a cheque for

£7,000 in the post that evening.

On Monday morning having heard from no one Simon sells the book for £10,000 to

Gollum Books Ltd. and emails Ali saying the deal is off.

Simon’s wife Fern, runs a coffee bar in Southsea. She goes to Good Buys, the local

supermarket to purchase some coffee for her business and whilst cycling through

Good Buys’ car park she is hit by Joe, a fork lift truck driver working for Good Buys.

Joe has only recently passed his fork lift operating test. As she entered the car park

Fern had seen a notice which stated

Good Buys accepts no responsibility for any loss or

damage to property or persons however arising

Fern is knocked unconscious, gashes her head and damages her bicycle. She was

not wearing a helmet. There is evidence showing Joe was driving too fast and

showing off to his friends.

I. Advise Simon if he has any contractual liability to Fernando and or Ali.

II. Advise Fern on any contractual and/or tortious claims she may have against Joe and/or Good Buys, including a discussion on whether the notice will prevent her making any claim against Good Buys.

Each question is worth 50 marks

Law first coursework notes:

Law each paragraph:

1. Explain legal issue- how to identify the issue

2. Use the related law – can look at which seminar questions are related to coursework

3. Application- explain that why I will use this law, where take the law & the apply to the fact

4. Conclusion

5. Use the referencing is required to give intellectual credit to your source, helps the marker recover your source easily and avoids you being accused of plagiarism. Students must reference sources using the Oxford Standard for the Citation of Legal Authorities (OSCOLA). Details of this can be found on pages 23 – 25 Students should ensure all sources are fully cited in footnotes and in their bibliography in accordance with OSCOLA and that indentation or quotation marks (as appropriate) are used when quoting.

6. Approaching legal problem questions

What is a problem question?

A legal problem question/case study describes a fictitious scenario then asks you to advise one or more of the parties in it about their legal rights, or possible liabilities. This is what a solicitor does when advising a client in their office. You are the legal advisor and the party/parties you are asked to advise in the question are your clients.

How should you structure your answer to such a question?

Only think about this once you have read the problem question carefully (several times) and identified the key facts (e.g. key characters, events, and dates).

When you are ready to think about your answer the marker will be expecting you to structure it following the ILAC method.

This should result in it having a clear and logical structure enabling the

marker to see where you are heading.

What does ILAC stand for?

Introduction

Law

Application

Conclusion

What to put in an Introduction

Begin your answer with an introduction. It should tell the marker:-

About each legal issue you have identified in the question which your client faces;

What area (or areas) of law relate to each issue,

Why the issue(s) are significant to your client; and

The order in which you plan to deal with each of them in turn.

This helps the marker to understand what you are trying to do and they can then follow the structure of your answer more easily.

For example, in a problem question on contract formation involving an advertisement made by a shop offering a free gift to anyone who spends over £50 in the store on a particular day, the first issue might be to determine the legal status of the advertisement (is it an offer or an invitation to treat?).

Once you have identified each issue, it is useful to explain its significance

to the outcome of the problem. Why does it matter? How and why will it

affect the ultimate advice/outcome for your client?

If there are several issues, you should deal with each one in turn

What to put in the Law section

Following the introduction comes an explanation of the legal principles relating to each issue mentioned in the introduction. This will include cases and if appropriate sections from relevant statutes, as they after all are the law and your client wants legal advice not simply your opinion!

Try to resist the temptation to jump to a conclusion straight away – you will gain credit for explaining the reasoning behind your conclusion, not for getting to the right answer without referring to any supporting

authority.

For example, if we are still dealing with the example given above, the relevant

legal principle would be that Partridge v Crittenden held that generally

speaking advertisements are invitations to treat but that it is clear from the

Court of Appeal decision in Carlill v Carbolic Smoke Ball Co that if they

satisfy certain requirements, advertisements can be classed as unilateral

offers – then explain what a unilateral offer is and set out the defining

qualities of a unilateral offer (in other words the requirements that would

have to be satisfied to bring an advertisement within the definition of a

unilateral offer).

At this stage, you are simply setting out the law rather than worrying about

the specific facts of the problem question.

What to put in the Application section

Having explained the legal principles, you must now explain how they will impact on your client’s issue. Again cases, and if relevant, sections from statutes will be needed here. Your client will want to know about the impact as that will determine their legal rights, or possible liabilities.

Taking the example used above, you would need to apply the various qualities/requirements of a unilateral offer and see whether they are satisfied by the wording of the advertisement in the problem question.

What we will be looking for in a Conclusion

In it you will predict the outcome for your client – what legal rights/remedies they have or what liabilities they face based on the application of the legal principles you have just explained.

For example, your conclusion might be that the wording of the

advertisement in the question satisfies the requirements of a unilateral offer and therefore the shop has made an offer to the world as was the case in Carlill .

What to do if you are asked to advise more than one person in the question?

If you are asked to advise several characters in a question have one Introduction covering all of them but then have separate Law and Application parts for each one followed by a mini Conclusion and then at the very end of your answer have an overall Conclusionwhich draws every mini conclusion together and provides the final advice to your clients.

What if the question involves numerous issues?

In a nutshell work through them one by one following ILAC. Firstly explain all the issues in an Introduction, then move on to explain the law which relates to each individual issue, apply it to that issue and draw a mini conclusion before going on to the next issue and repeating this process. The final part of your answer will be a paragraph pulling all the mini conclusions together.

For example using the issue already mentioned of unilateral offers, having established a unilateral offer has been made by the shop the next issue is to consider how and when a unilateral offer can be accepted and revoked and whether the offer was revoked before acceptance in the question that you are working on.

Please to attention:

· Moodle show the last term coursework feedback

· Students do not spend too much time simply reciting the facts of each problem – no marks were gained from simply reciting the facts set out in the question

· In the Law text book P 723- 734 teach student how to write the problem questions and case studies

First questions:

1.1 in issue part, identify two parties first, who is claimant, who is defendant. Explain that what is contract for two parties? Does it disagree or agree the contract for their two parts?

1.2 No spend long time to explain each issue

1.3 The coursework questions focus on week 5 to week 11 (contract, misrepresentation, discharging a contract & remedies for breach of contract, tort and negligence)

Second questions:

· Identify the claimant & defendant

· Do they agree or disagree the contract law?

· LOOK AT THE CONTRACT LAW

· Focus on week 5 to week 11

References:

· Can use our law text book

· Can use the contract law book

· Can use the tort book

 

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