SECTION ONE
Answer ALL questions in this section.
- In relation to the English legal system,
Required
- What are the sources of law in England and Wales? (5 marks)
- Explain and discuss the differences between private law and public law including the areas of law that they cover. (10 marks)
- Explain the concept of supremacy of EU law. (10 marks)
(Total: 25 marks)
SECTION TWO
Answer ALL questions in this section.
Mary, a local resident of Southbank, made a joint New Year’s resolution with her friend Hannah who also lives in Southbank, to eat more healthily and do more exercise in 2016.
In January, Mary picked up a flyer left on the tables in a local leisure centre called Southbank Leisure Centre. The flyer included details of a “Special New Year Offer”, stating that any local resident joining the lecture centre’s gym before the 31st January, could sign up and pay for a fixed term of 12 months “premier membership” at the same price as the “off-peak membership”, with no administration charges for joining. The flyer also states that local residents joining the membership must provide two forms of proof of address, such as council tax payment letter, bank statement and TV licence payment letter. On the back of the flyer it added that those joining under the special offer would also receive a free sports bag (a picture of such bag was also printed). The fees were then set out as follows:
| Duration | Local Resident | Non- Local Resident | |||
| Premier Membership | |||||
| 12 Months | £180 | £240 | |||
| Off-Peak Membership | |||||
| 12 Months | £120 | £180 | |||
Mary and Hannah went to the gym with the proof of their addresses on the 30th January to join up and take advantage of the special offer of the Premier Membership. As the staff were extremely busy, Gary, the Manager, came out of his office to deal with them. He gave them a couple of Premier Membership forms to fill out and sign that included a direct debit form. Gary asked them to fill out their bank details on the direct debit form and said that he would fill in the rest of it later. He booked them in for their free induction on the Saturday and said they could pick up their membership cards from the desk when they came in.
Mary and Hannah turned up for their induction and picked up their membership cards on the 2nd February. They forgot all about the free bags. Two weeks later they noticed that both their bank accounts had been debited with £180.00. Mary telephoned the gym to ask why her account had been debited by £180.00 instead of £120.00. Ruth who works at the club, explained that her membership was processed on the 1st February, after the special offer had expired. When Mary asked to speak to Gary, the manager, she was told that he left the club on the 7th February and no longer works there.
Answer all four questions in this section, (65% of the total marks of this coursework component available).
Each part of your answer must be supported by relevant authority (case law or statutes).
REQUIRED:
(a) Set out the relevant law relating to an offer and acceptance and then apply it to the above situation.
(23 marks)
(b) Explain and illustrate what is meant by the phrase ‘intention to create legal relations’ and apply your explanation to Mary’s situation
(12 marks)
(c) Discuss whether the consideration given by Mary must be of equal value.
(10 marks)
(d) Depending on the terms of any contract that might exist between Mary and the gym at Southbank Leisure Centre, what remedies may a court impose in the event of a breach of contract.
(20 marks)
(Total: 65 marks)
In addition, prepare a group presentation on the following:
“Discuss whether it is reasonable to treat the goods being displayed on the shop floor as an invitation to treat rather than an offer.”
You will be allowed 2 minutes for your presentation (4 slides approx) on PowerPoint.
You must conduct specific research on at least one case or piece of legislation relating to this topic.
Marking
There are also marks, (up to 10 marks), available for the professional quality of the whole of your written answer.
This will include legal argument, good English and layout. The layout should be in the form of an essay and clearly indicate which part of the question you are answering.
Marks will be awarded for the appropriate use of paragraphs, good sentence structure, spelling, punctuation, referencing and a bibliography.
The word limit for the coursework is 2,500 words. The word count should include the in-text citation but excludes the reference list at the end.
This assignment lays emphasis on the demonstration of “hard” skills as well as “soft” skills such as the ability to use information technology creatively, communicate ideas and information clearly, and work effectively
You must refer to the relevant cases and legislation when answering all the questions including the powerpoint. Your research should include, but is not limited to, the following cases and legislation.
- European Communities Act 1972 (ss2, 3)
- Costa v ENEL 1964
- R v Secretary of State for Transport ex parte Factortame 1990-91
- Equal Opportunities Commission and Another v Secretary of State for Employment 1994 o Partridge v Crittenden 1968
- Carlill v Carbolic Smoke Ball Company 1893
- Esso Petroleum Ltd v Customs & Excise Commissioners 1976
- RosM & Hrank Co v Crompton Bros 1925
- Hyde v Wrench 1840
- Eastwood v Kenyon 1840
- White v Bluett 1853
- Hadley v Baxendale 1854
- Victoria Laundry v Newman Industries 1949
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