1. Detail of the Assessment task
Answer both parts (a) and (b):
(a) You are working as a trainee solicitor at Robson and Green Solicitors LLP. A client, Edward Henderson, arrives for an appointment with your supervising partner and yourself and tells you the following:
Fitness UK Ltd, based in Brighthove, have designed a fitness app for smartphones which they claim help anyone, however unfit, to run 10km with just eight weeks training. To promote their app they placed advertisements on 5 August in national men and women’s fitness magazines stating that if anyone followed the app training programme as directed and could not run 10km after eight weeks, they would give them and a friend/partner a spa weekend at a top spa in Berkshire. The advertisement showed pictures of a runner wearing a medal and a couple in a jacuzzi.
Edward Henderson bought the app, followed the training programme, but was unable to run more than 5km at the end of the eight weeks. He called Fitness UK Ltd to ask for the spa break but they told him that the advertisement was not to be taken seriously. They also told him that in any case they had distributed flyers in local gyms and parks stating that they had withdrawn the earlier offer. On telling his colleagues at work what had happened, Edward’s colleague Caroline Long told him that she had also bought the app, having heard from a friend how good it was. She was also unable to run 10km at the end of eight weeks and having heard about the spa break from Edward, says that she will contact Fitness UK Ltd too. Edward has told Caroline he will ask for advice on the legal position for both of them.
Your supervising partner gives Edward some preliminary advice during the meeting but has asked you to prepare a report, outlining the key legal issues and relevant authorities which will assist him in preparing his written advice to Edward.
(b) The following day your supervising partner asks you to accompany him to another client meeting. The client, Annie Worthington, tells you that she has received an email (Appendix 2) threatening to sue her and that she would like your assistance. Annie tells you the following:
Last month Annie decided to sell her running machine as she has given up running and taken up yoga instead. She placed an advertisement on www.Oaktree.com a local online advertising website: Offer Deluxe running machine in excellent condition. Only £500.
On 1 September Annie received a phone call from Ben. Ben asked the price of the running machine and Annie told him it was £500. Ben said he would like the running machine but could only pay £450. As this was only the enquiry she had had Annie was unsure whether to go ahead and told Ben she would think about it and get back to him. An hour later she received an email from Charlie saying he would like to come and see the machine. When Charlie came to see the machine they recognised each other and realised that Charlie is a friend of Annie’s ex-boyfriend Jack. After seeing the machine Charlie said he would like it but as he is a student, he is short of money and wondered if he could pay in two weeks when he would receive his student loan. Annie said she could not wait that long but that she would keep the offer open for five days. Later that day Ben realised that £500 was a very good price for this machine and called Annie at 7pm but she did not pick up so he left a message saying that he would pay £500 and that if he did not hear from her he would come and collect the machine the next evening. Annie was at a yoga class and did not pick up the message until the next morning (2 September). At her yoga class she mentioned that she had the running machine for sale and David, her yoga teacher, said that he had been looking for one. David gave her a lift home, liked the machine and bought it.
On 2 September at 6pm Annie heard a knock on her door and discovers it is Ben who said he had £500 and had come to buy the machine. After telling him she had already sold it he told her she is in breach of contract and that he will “take this further”. On 5 September a neighbour gave her a letter (see Appendix 1). This is addressed to Annie but has been addressed to number 9 Brightside Avenue whereas Annie lives at number 19. Later that day she discovered that she also had an email from Charlie (see Appendix 2).
Your supervising partner gives Annie some preliminary advice during the meeting but has asked you to prepare a report, outlining the key legal issues and relevant authorities which will assist him in preparing his written advice to Annie.