Level 5 15 Credits
You have gained employment in a large legal practice. As part of your induction you are spending some time working in five different parts of the organisation. In each department you are expected to carry out tasks on behalf of a senior partner
Analyse the following business situations. Advise the customers on their rights and remedies which relate to the sale and supply of goods and services. In order to give appropriate advice you should:
- Apply the legal rules on implied terms relating to the sale of goods and supply of services
- Apply the statutory provisions on the transfer of property and possession
- Evaluate the statutory provisions on buyer’s and seller’s remedies
In the following situation advise G and H Holmes on their rights and remedies
A local financial services company – G and H Holmes – decides to refurbish the reception area of its offices. They order the following items from local furniture supplier, Hopkins Limited:
- A new carpet which Hopkins needs to order specially because they do not stock the required colour
- 2 bookcases from Hopkins stock. The supplier agrees to remove decorative features from the top and sides, so that they will fit the available space in the reception area
- A new reception desk and chair and two small leather settees which the senior partner has chosen from stock on display at Hopkins
The night before the carpet and furniture is to be delivered and fitted, the Hopkins Limited store is destroyed by fire and all the items ordered are damaged beyond use.
In the following situation advise Mr and Mrs Green on the rights and the remedies available to them.
Mr and Mrs Green want an extension on their house. They ask three local building firms to provide estimates. The cheapest is Easybuild Ltd whose estimate is £8,000. They ask Easybuild to carry out the work and sign a contract with them. The contract does not mention the price payable or how long the work will take to complete. The workmen start in March but do not finish the job until the following February. The Greens are not happy with the work as the brick colour of the extension does not match closely to the house and soon after completion the flat roof of the extension leaks.
In the following situation apply product liability statutory provisions and advise Julia about the action she can take and what remedies may be available under common law and statute.
Julia’s parents give her a scooter when she goes to University. They bought the scooter from Vasca who import scooters from mainland Europe. The scooter was manufactured in Italy by Zambettra but is sold in the UK as a Vasca scooter.
A month later, Julia is riding her scooter when the brakes fail and she crashes. The relevant authorities find that the failure is due to a design fault in the brake mechanism. Julia suffers permanent scarring to her face and the scooter suffers £900 worth of damage.
The brakes are sold as a sealed unit manufactured by a French company to a sophisticated new design.
You now move to another part of the firm dealing with consumer credit.
You are asked to advise a business on the legal rules relating to consumer credit. Prepare a document to:
- Differentiate between the different types of credit agreements
- Differentiate between the different types of agent
- Evaluate the rights and duties of agents
In addition you are asked to apply rules, termination rights and default notices in the following situations and advise a business about what action they should take and what would happen as a result:
A customer has an HP agreement for a total price of £7,000. This is made up of a deposit of £1840 and 24 monthly payments of £215. The company receives a letter from the customer saying he has lost his job and wants to terminate the agreement. What would the customer need to pay in each case?
- a) After having paid three instalments and the fourth is not yet due
- b) After paying four instalments and the fifth and sixth are still due
- c) After paying 12 instalments and before the 13th payment is due but the goods purchased have been damaged.
If the customer does not terminate the agreement but does not make any more payments after the eighth instalment, what action can the company take?
In the next phase of your induction you are working in the department responsible for monopolies, mergers and acquisitions. Your manager asks you to prepare a written document explaining the legal rules relating to monopolies, mergers and anti-competitive practices, which will form the basis of a booklet for distribution to clients. Your document should:
- Outline monopolies and anti-competitive practice legislation in the UK
- Explain the role of the Competition Commission within the context of monopolies and anti-competitive practices and the UK office of fair trading
- Define dominant positions within the EU common market
- Consider the application of EU exemptions to potentially anti-competitive practicesYou should use real examples to illustrate your answer.
The final department in the practice deals with intellectual property rights. Currently this department is dealing with a client which is a computer company that develops hardware and software. It also publishes electronic books for use on their ebook device. The company is concerned about protecting their inventions and intellectual property. A particular problem is that a number of competitors are producing similar ebook devices. Prepare a document advising the computer company about the provisions relating to intellectual property rights.
Your document should:
- Identify the different forms of intellectual property
- Outline the principles relating to the protection of inventions through patent rights and their infringement specifically related to the ebook scenario
- Describe the principles relating to copyright protection and their infringement in relation to software and electronic books
- Compare and contrast the protection of trademarks and business names
Guidelines for assessors
The assignments submitted by students must achieve the learning outcomes and meet the standards specified by the assessment criteria for the unit. The suggested evidence listed below is how students can demonstrate that they have met the required standard.
|Task Number||Assessment criteria||Suggested evidence|
|1||1.1, 1.2, 1.3||Accurate application of implied terms relating to the sale of goods and supply of services fully explained in relation to the given scenarios. Application of the statutory provisions on the transfer of property and possession in scenario 1. Answers to include references to relevant legislation and an evaluation of the remedies available in each scenario. Answers should advise on individual rights.|
|2||1.4||Accurate application and explanation of statutory provisions relating to product liability in relation to the given scenario. Answers should advise on the rights of the individuals and the remedies that may be available. Law of tort and consumer protection legislation should be considered.|
|3||2.1, 2.2, 2.3, 2.4||A comprehensive analysis of the law relating to consumer credit and how it is applied. Clear explanations of types of agreements and agents. Correct application of legal rules, termination rights and default notices specifically related to the business scenarios set out in the question.|
|4||3.1, 3.2, 3.3, 3.4||An explanation of the law and practical application of UK law relating to monopolies, mergers and anti-competitive practices. Answers should identify those issues important to businesses and which they need to be aware of in order to ensure compliance with the law.|
|5||4.1, 4.2, 4.3, 4.4||Answers should clearly explain the key provisions relating to intellectual property in the specific context given within the scenario. They should be able to explain the different protection required for different elements of the business i.e. hardware patents, software copyrights and patents, ebook copyrights. A clear comparison of trademarks and business names highlighting the difference in use and registration.|
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