Introduction to Business law Coursework Assignment
These three questions must be answered. The word count for this assignment is 2000 words ( +/-10%). Please note that marks are given for references and a bibliography (10 marks)
Macintyre states “when considering the meaning of legislation the courts are bound by a wide range of rules of statutory interpretation which means that justice is achieved”. With reference to all of the rules of statutory interpretation discuss this statement and support your answer with legal authority. (30 marks)
(1)John and Peter both take their cars to Greta Garage . Peter tells the receptionist that he needs a new set of brakes and she says that it will cost £800 and he hands over his car keys and signs the contract which he does not read. John tells the receptionist that he needs to have new engine fitted, she says it will cost £1500 and if he hands over the car and car keys immediately then the work will be completed the same day. She asks him to sign the contract this contains 2 pages of terms and conditions and he is too busy to read them so he asks the receptionist what they are for. She tells him that they just mean that Greta Garage will not be liable if the inside of his car bonnet is scratched when the car engine is replaced. He is not worried about this and signs the contract. John also buys a car air freshener from Greta Garage, the wrapper states that it will give the car a ‘delightful smell of vanilla’.
When Peter and John return to collect their cars 24 hours later the exterior of both cars are covered in scratches and dents, they complain to the manager but he says they have both signed the contract which states that the garage is not liable l for any scratches or dents to the car, no matter how they are
caused. When John gets home the air freshener does not smell of vanilla, instead it smells of roses and John hates the smell of roses.
With reference to case law and statute Advise John and Peter ( 20 Marks)
(2) Ann writes to Peter and offers to buy Peter’s car for £2000, Peter writes back and says that he will not accept less than£3000 for the car. Three days later he changes his mind and telephones Ann and leaves a message on her answer phone and says he accepts her offer of £2000 and will deliver the car to her the next day . When he arrives at her home the next day Ann refuses to pay for the car .Advise Peter with reference to legal authority. ( 10marks)
1. Andy, the manager of the ‘Blue Mood’ basement club has posted a notice at its entrance that reads: “The management accepts no responsibility for loss, damage, injury or death howsoever caused to people or property on these premises”
Going down the stairs to the basement Bert, who had just bought his entrance ticket, tripped on a loose piece of stair carpeting. He fell and broke his neck, and will not be able to work again (as a lorry driver). His brand new mobile phone was broken in the accident and will have to be replaced.
Coco, who lives in the upstairs flat over the shop next to the Blue Mood club, is fed up with the dreadful noise from the club every night until 01.00 a.m.
Dan had been drinking all evening in the Blue Mood. It was late when he left, and he offered Ella, who had also been drinking, a lift home. Ella forgot to fasten her seat belt. Dan had to brake sharply to avoid a collision, and Ella was projected through the windscreen, and was seriously injured.
Advise: Andy, Bert, Coco, Dan and Ella.( 30 marks)
AND REFERENCE ( 10 marks)
The assignment must show evidence of research and reading, you must make adequate reference to case law and statute. A bibliography of resources used must be included. The Harvard reference system must be used. NOTE: All students must familiarise themselves with the Moodle page dedicated to referencing and Plagiarism; http://moodle.city.ac.uk/course/view.php?id=296 3. Further information may also be found on the University’s website; http://libguides.city.ac.uk/Upgrade-basics/upgrade-plagiarism
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