commercial law

Describe and explain important aspects of the Law of England and Wales relating to contracts, terms and commercial law;
Apply the relevant law to factual scenarios;
Research at an appropriate level for a level 6 law student into this area of law using a variety of primary and secondary sources both paper and electronic;
Write both time-limited and word-limited assignments at an appropriate level for a level 6 law student;
Reflect on your learning in class and on feedback from assignments. Coursework
Commercial Law Level 6

Aims
• Describe and explain important aspects of the Law of England and Wales relating to contracts, terms and commercial law;
• Apply the relevant law to factual scenarios;
• Research at an appropriate level for a level 6 law student into this area of law using a variety of primary and secondary sources both paper and electronic;
• Write both time-limited and word-limited assignments at an appropriate level for a level 6 law student;
• Reflect on your learning in class and on feedback from assignments.

Objectives
At the end of the coursework you should be able to:

• Show a good understanding of the principles, which Freehold Covenants
• Show a good understanding of developments and recent reforms of Land Law
• Be able to identify salient cases and appreciate the core principles they set out
• Demonstrate ability to critically assess such developments/reforms in the light of the question
• Demonstrate good written skills
• Demonstrate the ability to use various legal authorities to support your arguments

The Tasks
1. Produce a word-processed answer not exceeding 3,500 words in length to the question below
2.
Please note that your work must be fully referenced and that a bibliography and a word count must be provided. Please note the University’s regulations on plagiarism.

The Question

John the owner of J Limited, a computer shop, enters into a contract with Melisa, the owner of the computer games company M Limited, for the supply of 30 brand new custom-made state of the art desktop computers, totaling £45,000, for members of staff working in M Limited. Melisa chose the relevant hardware and software from John’s “Ready-to-build” catalogue. Melisa makes known to John that the desktop computers must be able to run the latest software and produce graphics without any lag. John demoed a game to run at 4k resolution. Melisa was very impressed with the demo. Melisa also pointed out to John that all computers must be completely build-up and delivered by 1st April 2020, as she needed them for the big opening at E3 exposition a week later. Melisa paid 50% of the total price upon booking and the remaining monies were owed on 1st May 2020.
On 21st March 2020, John delivered the 30 desktop computers to M Limited. Melisa was on holiday, so he did not unpack the computers until she was setting up her stall at the show. Upon switching on all the machines, Melisa found out that 15 desktop computers are not able to run the chosen software due to general hardware failures. Moreover, most of the machines are not capable of running games at 4k resolution. It took John and his employees a few days to troubleshoot and found out that the cause of the issue. It has significantly impacted on Melisa’s ability to install and run 4k games on all 30 desktop computers being connected at the same time during the E3 exposition. Because of this, Melisa had lost a £1 million contract with Electronic Arts to design a game that will run on 4k resolution. Melisa refused to pay John until the issues are ironed out. John attempted to repair the computers but they soon developed the fault again.
The contract that both John and Melisa had signed was based on J Limited’s standard terms and conditions which includes the following clauses:
“The buyer shall not withhold any payment on grounds of breaching any implied terms in this agreement.”
On 21st March one of Melisa’s employees signed a delivery note that contained the same clause and three further clauses.
1) By signing thus delivery note the buyer is deemed to have inspected the items and found them to be of satisfactory quality.
2) The seller limits all claims for damages to:
i. The total value of the goods supplied
ii. Or a maximum of £100
3) The seller will retain all ownership of the desktop computers unless the buyer has paid all monies owed to the seller in full.
One inspection Melisa found that these clauses were also on the back of the receipt she received on the purchase of the computers.
Last week Melisa was visited by the police who impounded 15 of the computers informing her that they suspected John of using fraudulently sourced components paying with a forged bankers draft.
Melisa has now had to source 15 more computers at considerable extra cost in order to meet her contractual obligations.
To make matters worse Melisa has heard that John’s company is having financial difficulties and may have to go into administration.
Advise Melisa as to her rights, remedies and obligations under Commercial law.

ASSESSMENT CRITERIA
These must be read together with the generic law marking criteria for level 6 LLB students, available in the course handbook.

Essay
Your essay will be marked against the following criteria:
Element Assessment Criteria
Identification of the issues The extent to which you correctly identify the issues in the question.
Research The essay must show evidence of research using both primary and secondary sources. Failure to do so will result in a fail mark being awarded.
Knowledge and understanding The extent to which you demonstrate knowledge and understanding of the relevant law.
Argument/application The extent to which you apply the relevant law to the facts of the question.
Structure The extent to which you structure your argument in a logical way supported by authority and research and reach a reasoned conclusion
Writing and Presentation Use of English; accuracy of legal writing; appropriate terminology style and tone. Clear layout and presentation.
Academic Referencing The essay must be referenced in the Greenwich House style, with a full bibliography.
General comments The overall impression of the essay, ability to stick to word limits and deadlines.

The research log
Your research log will be marked against the following criteria:
Element Assessment Criteria
Research into primary and secondary sources The assessment preparation record must show that a variety of sources, both primary and secondary, have been utilised in preparing the assignment. The assignment is designed to be possible only if students have read primary sources (such as judgments in cases).
Planning of research The assessment preparation record must show evidence of planned research, which is then reflected in your essay.
Critical analysis and reflection The assessment preparation record must show evidence of critical analysis and reflection.
Time management The log must show evidence of work over a sensible timescale, as reflected in the dates on the log.
Writing skills/use of language Appropriate English for a research log; note form permissible but must be clear and appropriate in tone and style.
Presentation Skills Clear, follows instructions; exemplary application of a range of IT skills.

GUIDANCE
Read and research the relevant material, the module guide is a starting point only and you will need to conduct wider reading. Marks will be awarded for the correct identification of issues and the application of the law to the facts of the question. Higher marks will be awarded for the critical analysis of law and the quality of the advice given.

I want to see work, which is properly supported with cases and legislation where relevant. This is a level 5 subject on an LLB programme and I expect you to write and reason like lawyers.

The word limit is 2500 words. Marks may be deducted if your answer is significantly under or over this figure. Please indicate the number of words you have used.

Essays must be word-processed and submitted via Turnitin.

A bibliography at the end of your essay is mandatory and marks will be deducted if this is missing.

Ensure that you have read and understood the relevant sections of the student handbook. Coursework handed in late will be subject to the Faculty rules governing late submission and the marking criteria used are those contained within your Land Law handbook and Moodle page. You should also consider carefully the section regarding plagiarism.

You are required to submit your work electronically.
Electronic submission can be made after 5.00pm. However, note that no office assistance is available if difficulties occur with submissions made after that time.