One is a legal adviser and visited by clients who require advice on different aspects of Law. They have presented you with a summary of the case. With reference to different aspects of Law, write a letter to each client providing sound advice. Your letter should comply with the word count of 1500 with +/- 10% margin. Word count excludes the index, headings, information contained in tables, references and bibliography. For academic purpose you must use theories and include a bibliography
1. Bob goes into Sam’s bookshop and sees a book which he wants to buy on display. He takes the book to the counter to pay for it, but Sam tells him that the copy of the book is his only copy and that he has already sold it to Carl, but forgot to remove it from the display. Is Sam entitled to refuse to sell Bob the book? Taking this scenario into consideration explain the importance of the essential elements required for the formation of a valid contract.
2. Discuss the impact of different types of contract and analyse terms in contracts with reference to their meaning and effect.
3. Adam advertises a reward of £1000 for the first person to paddle across the English Channel in a bath from Dover to Calais. Brian sees the advertisement in the newspaper, purchases a bath, and sets out from Dover. On the same day, whilst Brian is in mid-channel, Adam places another advertisement in the same newspaper announcing that the reward is being withdrawn with immediate effect. Unaware of this, Brian continues his voyage and duly arrives in Calais. Brian then claims the reward. Adam refuses to pay. Is Brian entitled to claim the reward?
4. Barry goes into a park which is managed by his local council. He sees a notice which states that chairs are for hire for 50p per hour. Barry pays the 50p and is given a ticket and a chair. Later, the chair collapses under him, damaging his clothes. When Barry complains, the attendant points to a clause on the ticket which states, “No liability is accepted for any damage or injury caused by the failure of any hired equipment.” Are the council entitled to rely on the clause? Taking this scenario into consideration, apply the elements of contract in given business scenarios, apply the law on terms in different contracts and evaluate the effect of different terms in given contracts.
Contrast liability between contract and tort liability with cases.
One night, Mark decides to check in at the Poshplace Hotel, which is owned by Ben. Later that night, Mark is in his room when a masked man enters and threatens to hurt him unless he hands over his valuable antique jewellery. Mark hands it over. The thief later turns out to be Neil, the hotel gardener, who had stolen a master key to the hotel room. Can Mark use ordinary negligence principles in his claim against Poshplace Hotel. Alternatively, can Mark bring a claim in vicarious liability against Poshplace Hotel for the loss of his jewellery.
- In the meantime, downstairs in the kitchen, Roger, the dishwasher, is complaining about the skin rash he has developed as a result of long periods of washing up. Although rubber gloves are available, most employees do not use them. Colin, the head chef, is getting fed up with Roger and in his anger, knocks Roger unconscious with a frying pan. Does Ben, the Hotel Owner, owe Roger a non-delegable duty of care as an employer to provide a safe working environment? Can Roger bring a claim in vicarious liability against Ben for Colin’s actions.
- Meanwhile, Mark decides to go to the Hotel pool for a swim. A sign on the pool door reads: ‘Pool closed between 7.00pm and 7.00 am. No entry to visitors during these hours; ‘Dangerous when unattended’. Mark reads but ignores the sign and enters. He cannot find the light so just jumps in. In fact, the pool has been emptied and Mark is badly injured and tears his expensive designer swimming trunks. Under the Occupiers’ Liability Act, will Mark be able to claim for the cost of his designer swimming trunks. Is the Poshplace Hotel liable to Mark under the Occupiers’ Liability Act 1957. Can the Poshplace Hotel exclude liability to Mark under the Occupiers’ Liability Act 1984 because of its warning notice.
(Answer by applying the elements of the tort of negligence, vicarious liability and defences in these situations).