Question:
Clare owns a successful hairdressing salon. She has just bought the bookshop next door with a view to expanding her business premises to include a beauty salon. She entered into a contract with Ben, a builder, who agreed to convert the bookshop for £25,000. Ben agreed to start work on 1 September and said the job would take about six weeks. Clare agreed to pay Ben £5,000 on signing the contract, with the balance payable in two instalments of £10,000 due on 1 October and on completion of the work.
Advise Clare in each of the following alternative situations:
(a) Clare paid the first instalment and Ben started work on 1 September. On 13 September he told Clare that he had underestimated the cost of the work and had run out of money to buy the materials he needed. Clare had taken a booking for a large wedding group on 1 November and needed to have the work finished before then, as the salon at her original premises was not large enough. She said she would give Ben an extra £2,500 if he guaranteed to have the work done by the end of October. Ben agreed. He finished the work on time and Clare paid the 2nd and 3rd instalments but has not paid the extra £2,500. She wants to know if she can be made to pay this.
(b) Ben started work on the conversion but shortly after receiving the second instalment on 1 October, he told Clare that he was currently working on too many other building projects and that he would not be able to complete the job. Clare engaged another builder who finished the work for £14,000. She wants to know if she can claim compensation from Ben and whether Ben can recover any more money from her.
(c) Clare became concerned that Ben’s workmanship was of poor quality. On 27 September, she decided not to pay him anything further and asked him to stop work in order that she could seek an alternative builder to complete the work satisfactorily. She wants to know if she is entitled to do this. If not, can Ben claim any more money from her?
Word limit: 2000
In writing your coursework, you should be aware that you will be assessed by reference to the extent to which your answer meets the following criteria:
Learning Outcomes:
Knowledge and understanding of key concepts: Identification and explanation of relevant legal issues. Correct application of law to the facts provided.
Cogency and coherence: Synthesis of all essential elements into a coherent explanation
References and use of sources: All statements of law should be supported by relevant cases or statutes
• Please preserve anonymity by using your university number, not your name.
• This coursework counts for 50% of the assessment in this module.
NBS Coursework Submission and Return: Key Facts 2014/5
Referencing
Your coursework should clearly distinguish between your original words and ideas, and those of others. When referring to the work of others, from books, journals or any other source (including the internet), it is essential that you make this clear by acknowledging your source and referencing correctly. Failure to reference correctly will lose you marks and may constitute plagiarism or collusion. Unless specified otherwise by the module organiser, Norwich Business School uses the Harvard system of referencing.
University Policy on Plagiarism and Collusion
It is important that all students familiarise themselves with the rules and regulations regarding plagiarism and collusion. Understanding these rules will help you to avoid plagiarism, and to maintain the quality of your academic work.
You should ensure that you are familiar and up to date with the Universities rule on Plagiarism and Collusion, available at
• https://www.uea.ac.uk/calendar/Policy+on+Plagiarism+and+Collusion
You should also make sure that you are familiar with the Business School’s policy on Harvard referencing which is available in your student handbooks.
Individual study skills support and advice on referencing is also provided by the Learning Enhancement Service at the Dean of Students Office.
Where work has been submitted in word-processed format, you may be requested to provide a digital copy of your coursework (after an initial examination of the hard copy by the coursework assessors) for use with plagiarism detection software. Instances where plagiarism is suspected will be investigated by the NBS Plagiarism Officer. Students who are found to have plagiarised will be penalised.
In proven cases offenders will be punished and the punishment may extend to degree failure, temporary suspension or expulsion from further study if the case comes before a Discipline Committee of the University.
General Advice
Before you submit any coursework you should make sure that you are clear and up to date in your knowledge of university policy and practice.
The University’s policy on Submission of Work for Assessment (Taught Programmes): Submission of Anonymised Work for Assessment, Word Limits and Penalties, Extensions and Penalties for Unauthorised Late Submission, Provisional Marks and Feedback, and Retention of Coursework is published in the Calendar, and is available at:
• https://intranet.uea.ac.uk/calendar/Submission+of+Work+for+Assessment+(Taught+Programmes)
A penalty will be imposed for exceeding the word limit, which will be clearly stated in the assignment. Students must include their word count on the coursework coversheet when they submit their work. The word count for coursework, written assignments, projects, reports and dissertations shall include: Footnotes and endnotes (irrespective of whether they have been used for the purpose of referencing or not, references (in the main text), tables and illustrations and if applicable the abstract, title page and contents page. Any appendicised material and the bibliography or reference list shall be excluded from the word count.