Assignment:
Word Limit: 2,500-3,000 words.
Learning outcomes
- Discuss the role of law
- Describe basic rights and duties of persons relating to contract and tort and remedies available
- Understand the role of law in society
- Be aware of the ambit of contract and tortuous liability
- Understand and describe the workings of the legal system and the elements of contract and tort law
- Advise a client on a range of straightforward legal problems.
- Apply the skills learned on this module to a range of everyday situations and offer reasoned advice.
Applicable to UK law ONLYwith references to relevant UK cases
Question 1
James owns a house and car that he wishes to sell. He places an advertisement in the local paper which says ‘For sale: 4-bed house with garage £350,000 and Morgan vintage car £3,000'.
On Saturday David makes an offer to buy the house for £325,000 which James accepts and they agree to inform their respective solicitors on Monday to deal with the legal work.
On Saturday Janis makes an offer to buy the car for £2,500 which James accepts. They agree Janis will pay for and collect the car on Monday.
On Sunday James receives an offer from other people for both the house and car which are considerably higher than the prices agreed with David and Janis. James wishes to withdraw from his agreements with David and Janis.
Considering the essential elements necessary for the formation of a valid contract, explain whether James can with draw from either or both of his agreements with David and Janis.
Question 2
Cowe& Boy Builders Ltd built a number of houses in 2007 and sold one to Graham. In 2008 Graham sold the house to Rose for £145,000. Rose bought the house with money advanced on a mortgage obtained from a Building Society. The Building Society advanced the loan following the receipt of a satisfactory valuation survey from surveying firm Grabbit and Co. A copy of the survey was given to Rose by the Building Society before she went ahead with the purchase.
In 2014 Rose noticed some external cracking to a supporting wall which within a year had become much more extensive and she sought professional advice from a structural engineer. The engineer advised Rose that there was a serious defect in the foundations. Grabbit& Co admit the valuation survey was negligently prepared and that the property had been overvalued by £25,000, because it failed to properly investigate some cracking on an internal wall, but deny any liability is owed to Rose because the report was requested by and prepared for the Building Society.
Using your knowledge of the law of tort advise Rose on the following legal issues:
1. Whether Grabbit & Co. surveyors owe her a duty of care.
2. Whether her claim for damages is affected by the Limitation Act 1980.
Question 3
Evans is a property developer. He has recently purchased an old school building and he has planning permission to convert it into five houses.
Evans has engaged a reputable firm of builders, Stones & Son Ltd, to carry out the renovation. Evans receives the following complaints:
• Jenny is complaining about the noise from the building operations, saying that as she is retired she is entitled to some peace and quiet.
• David, who is fifteen years old, gained entry to the site one evening, through a hole in the security fence; he falls into an excavated trench on site and breaks his leg.
Advise both Evans and Stones & Sons Ltd, whether any legal action based on nuisance and occupiers liability, could be taken by Jenny and David against them with respect to these complaints.