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School of Business and Management

ALTERNATIVE ASSESSMENT



Business Law
BUS 205

DATE: Monday 6th January 2014

INSTRUCTIONS TO CANDIDATES:


Answer THREE questions. You must answer ALL of the question from section
A. The other two questions must come from Section B.


Question 1 in section A is weighted 50%
Questions from section B are each weighted 25%

WORD LIMIT: 4000
It is likely the question in section A will amount to no more than 1800.
It is highly likely you will answer each question from section B between
1000 and 1200 words per answer.






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SECTION A - this section is weighted 50%

Q 1
(a) Bosch employed a builder, Kizmin, to build an extension to his house. They
agreed a completion date of 30th April and a price of 20,000. Bosch stipulated the
date because he wanted work finished in time for a party he was holding for his
wifes 50th birthday, due on 10th May.
On 1st April, Kizmin told Bosch that she would not be able to finish on time,
because of increases in the cost of labour. Bosch was desperate and offered
Kizmin a further 5,000 if she finished on time. Kizmin agreed and indeed finished
on time.
In the meantime, Kizmin was chasing a debt of 30,000 from a previous customer,
Jerry. They had a meeting and Jerry, who suspected that Kizmins business was
near bankruptcy, offered 20,000 in full and final settlement. Kizmin agreed to this
and took the 20,000.
Bosch has refused to pay the extra 5,000 and Kizmin wants to claim the remaining
10,000 from Jerry. Advise her.
Critically consider whether consideration exists in the above agreements.
(b)
On the 1st June David wrote to Edward offering to sell him a quantity of beads. On
the 14th June Edward wrote to David accepting his offer. David had not expected
Edward to be interested in the beads and therefore did not require Edward to
accept within any particular time. On the 13th June David received an offer from
Xavier to buy the beads. Having heard nothing from Edward, David telephoned
Xavier accepting his offer. In addition, David faxed Edward on the 14th, revoking
his offer. The fax printing on Edward's machine was so poor that it was not capable
of being read.
Advise Edward with respect to his legal position in this situation.
Critically consider whether a valid offer and acceptance has given rise to a
contract between Edward and David.






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SECTION B - each question is weighted 25%

Q 3

Critically explain how statute law, precedent, delegated legislation, and European
Union law operate as methods of developing the law, and assess their
effectiveness as sources of law.


Q 4

Critically explain the approaches that are applied to assess how damages are
awarded for a breach of contract.


Q 5
Critically explain how terms can be implied into a contract and how they may be
classed as conditions, warranties, innominate.

Q 6

Critically discuss how exemption clauses in contracts are controlled by the law.





















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Assessment criteria


70% +

An answer that demonstrates accurate understanding of the relevant law
appropriate to the question. An answer that demonstrates the ability to analyse
legal concepts and to explain/argue them in relation to the question.

The answer should be clearly discussed with relevant cases referred to and a clear
understanding of the legal issues relating to them. Good understanding of problem
questions with relevant application of the law with the possibilities argued.

The answer should be of appropriate length and should show that the student has
done sufficient reading. Some minor mistakes are acceptable.

60 - 69.9%

Similar to above but maybe some important points missed out or not so clearly
explained. Maybe fewer cases covered. However, the answer should demonstrate
a good understanding of the topic.


50 - 59.9%

A reasonably good understanding shown, but weaker skills of analysis or argument
displayed. An answer which has less case law, or where the understanding of the
cases is not so clear. The answer may have some aspects misunderstood or left
out. An answer that is perhaps less well structured.

45- 49.9%

The answer shows a general and perhaps rather vague understanding of the topic.

40-44.9%
The answer has some aspects not covered or which are covered incorrectly. There
may be little or virtually no case law covered. 40% is the minimum pass mark.

0 - 39.9%

A clear fail. The answer has some elements of understanding but not sufficient to
achieve a pass. The answer may simply be too short to achieve a higher mark.
The answer shows no or hardly any understanding of the topic. Alternatively the
answer is so short (e.g .a few lines) that it cannot achieve a higher mark, even if the



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points stated are correct. This is a wide grade so an answer of (eg) 30% will show
some understanding, albeit poor, compared to a lower mark.