Prepare a written response of 1500 words in response to the case study below. You must ensure you meet all requirements to achieve a pass on the assessment.
Arkwrightâ€™s TechnoStores Ltd (â€œArkwrightâ€™sâ€) placed the following advertisement in all local newspapers across the UK.
SUMMER SALE MADNESS!
Special offer: This Month Only â€“ A â€˜SuperTech Tabletâ€™, worth Â£200, absolutely free!!! When you spend more than Â£600 on any of our merchandise in one visit before the end of July 2015
Mandy visited an Arkwrightâ€™s Store on the 30th July 2015 and spoke to Arthur, the Sales Manager. Mandy was interested in buying a new desktop computer and monitor. She found one that she liked, but the total price of Â£750 was a little beyond her budget. Arthur was keen not to lose a sale, so he agreed that Mandy could pay Â£375 now and the remaining Â£375 in one monthâ€™s time, subject to a satisfactory credit check. The credit check was clear and Mandy paid Â£375 and left the store with the desktop computer and monitor, but did not collect a â€˜SuperTechâ€™ Tablet. When Mandy returned to the store one month later to pay the balance, she asked about the tablet, but was told that there were no more tablets left as the offer had expired at the end of July.
Bob also visited Arkwrightâ€™s on the 30th July 2015 and bought a new 55 inch â€˜MegaTVâ€™ Television set at a cost of Â£750. Bob paid for the TV on his credit card and took the TV and the tablet away with him. Bob was not particularly interested in the tablet, so he gave it to his nephew, Nigel. However, Nigel has now complained that the tablet does not work at all. When Bob visited Arkwrightâ€™s to enquire about a replacement, he was told that the fault was a â€˜manufacturing faultâ€™ and it was company policy not to offer replacement goods where the fault lay with the manufacturer. The sales assistant showed Bob a notice behind the sales counter which read â€œPlease note, we do not refund moneys in any circumstances. Goods may be replaced by goods of equal value at the managementâ€™s discretion, but goods will not be replaced where there is no default or neglect on the part of Arkwrightâ€™s for any defect giving grounds for complaintâ€. Bob had not seen this notice at the time he purchased the TV, but the notice was very small and was situated a long way behind the cash till in the â€˜staff onlyâ€™ part of the store, although it was visible from the public side of the counter.
The Summer Sale went far better than Arkwrightâ€™s expected and there was a large turnover of high value sales, so much so that by the morning of 31st July, Arkwrightâ€™s had run out of tablets to give to customers. Arkwrightâ€™s management instructed all stores to put up large notices in store windows and entrances to say that the offer on the â€˜SuperTech Tabletâ€™ was now withdrawn due to lack of availability. Georgina travelled 50 miles to her nearest Arkwrightâ€™s store on the 31st July because she was especially keen to get hold of a tablet. Georgina arrived at the store just as the sales assistants were placing the notices in the store window. Georgina spent Â£625 in the store and was very annoyed to be told that there were no tablets left.
By reference to case law and statute where appropriate advise the individuals involved on the following:
1. Whether Mandy has a legal right to a tablet.
2. Whether Nigel can claim a replacement tablet.
3. Whether Bob is entitled to claim a replacement tablet.
4. Whether Georgina can claim a tablet.
Requirement 1: Length and Structure of Written Response
â€¢ Produce a written response of no more than 1500 words. The word count must be included on your submission.
â€¢ Your answer must include a title
â€¢ Your answer must identify the issues, relevant law, application and conclusion
â€¢ Your answer may contain subheadings
Requirement 2: Conclusion
â€¢ Refer to question
â€¢ Appropriate conclusion to each separate point raised by the scenario
Requirement 3: Presentation
â€¢ Include references
â€¢ Appropriately cited use of at least 20 pieces of authority
â€¢ Include a bibliography
â€¢ Logically presented in paragraphs
â€¢ No Bullet Points, always written in full sentences
Module Learning Outcomes
1. Understand the main areas of contract law and be able to describe and discuss the historical, theoretical and practical contexts in which they operate
2. Identify apply and evaluate the rules relating to offer, acceptance, consideration and the intention to create legal relations
3. Describe the rule on privity of contract with reference to the Law of Tort
4. Recognise the circumstances in which the Courts or Parliament will interfere with the freedom of the parties to make their own contractual agreements upon their own terms
5. Explain how terms are incorporated into a contract and how these terms may be categorised