Law of Contract Problem Question

The aim of the assignment is to provide legal advise for Jodie. Specifically, demonstrating; what contracts have been formed (i.e. between whom, b2b. or b2c), who has breached them and what may damages recovered or other remedies be used,

Assessed Written Work
Module Title: The Law of Contract
Module Code: LW650
Length: 2500 words (excluding bibliography). Work should be formatted in
accordance with the Law School’s Style Guide.
Submission Requirements:
Your assessment must be submitted electronically via Turnitin. It is required that all
assignments must be submitted on-line on the KLS Undergraduate Essay Submission
Sheet.
Kent Law School Style Guide and Information about Plagiarism
Please ensure you read and take note of the Style Guide, available on the Kent Law
School web pages. This contains information about Style including Citation and
Presentation and guidance on Plagiarism and how to avoid it.
OSCOLA
The Law School preferred method of referencing and citation is OSCOLA. The quick
reference guide can be found here
https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012quickreference
guide.pdf
and the full guide here
http://www.law.ox.ac.uk/published/OSCOLA_4th_edn.pdf
Title: Law of Contract (LW650) Assessment 2020/21.
The problem question can be found at the end of this document.
Learning Outcomes:
1. Demonstrate a clear understanding of the main types of legal obligation
arising from the law of contract and of the principles and rules of this area
of law.
2. Demonstrate well-developed case reading skills, including an ability to
understand and critique the arguments made and which may drive the
outcome of a case, as well as policy and other considerations that may
affect outcomes of cases.
3. Use cases, including judicial quotation (including from dissenting
judgments), to help support (or negate) an argument.
4. Demonstrate a detailed understanding of the use of precedent while
understanding the ability of judges to be creative, including an advanced
ability to judge the weight of a case (or judgment) and provide critical and
contextual comment.
5. Conduct research into complex legal issues to discover the relevant rules
and principles, relevant cases (or statutes), secondary or extra-legal
sources and to use these to construct sophisticated arguments and legal
opinions while recognising areas of uncertainty or contention.
Ability to:
1. Use library and web resources, including journal articles and policy
documents, to conduct research on complex areas.
2. Properly present material with correct citation and use of references where
appropriate.
3. Show an understanding of the differences in use and value of primary and
secondary sources.
4. Distinguish soundly-based knowledge and evidenced claims from
unfounded assertions and to use evidence to support their own assertions
and arguments.
Assessment Criteria:
Please see the Assessment Criteria Guide1
Marks will be awarded for work which demonstrates your ability to:
(in relation to the problem question)
• clearly and concisely identify the main legal (contract-related) issues that arise
for resolution in the problem question (identifying the legal issues);

1 Available within the Law Student Guide on Moodle
• use statutes and/or cases to make relevant legal arguments related to those
issues and to use that law to give advice on a problem situation of a significant
degree of complexity (making legal arguments using rules and/or principles);
• intelligently distinguish issues about which it is legitimate to argue; and to
identify (explicitly or implicitly) flaws, weaknesses and strengths in an argument
(making appropriate legal arguments);
• demonstrate a good understanding of the concepts and the materials studied
during the module through the appropriate use of examples and references
(using examples from the materials you have studied);
• identify and prioritise key themes from a range of materials (selecting relevant
material);
• produce good academic writing, i.e. clear grammatical writing which is
appropriately referenced (well written and not plagiarised).
Specific assessment criteria for this exercise:
University guidance is that specific criteria should only be added if they will help focus
students for the particular exercise.
Percentage of module mark:
The percentage of the final module mark derived from this assessed work is 40%
Return of coursework
Law School policy is to return marked coursework, with feedback, within 4 (term)
weeks. However, all marks are provisional, subject to revision by the External
Examiner in end of year results.
Problem Question
Jodie is a professional horse rider. She needs a new horse to compete in the
upcoming horse riding race. She also needs to purchase new horse riding
equipment.
She phones Bruce, a horse seller, and asks if the horses he sells are free from
hereditary diseases. Bruce replies that they are. Bruce adds that all of his
horses are checked by a vet who issues a certificate confirming the good health
of the horse. Reassured by Bruce, Jodie pays £20,000 for a horse. Bruce
promises to deliver the horse in 5 days.
In the meantime, Bruce asks the vet to inspect the horse. The vet issues a
certificate confirming the horse is in good health and has no hereditary
diseases. Bruce’s van breaks down. As a result, he delivers the horse with the
certificate to Jodie 3 days later than promised but still in time for Jodie to
practice.
Jodie contacts Horsie and Co, a company that sells horse equipment. She tells
Horsie and Co that she is interested in purchasing a saddle pad. Horsie and Co
sends her an electronic contract, which contains the following provisions:
a. Horsie and Co will not be liable for any injuries caused as a result of
using its equipment.
b. Horsie and Co’s liability for any financial loss caused by defects in its
horse equipment will be limited to £500.
After months of active training with the new horse purchased from Bruce, Jodie
enters a horse riding race. 2 minutes into the race, Jodie realises her horse is
unusually slow. 4 minutes later, her new saddle pad purchased from Horsie and
Co falls off the horse, causing Jodie to fall onto the ground and suffer several
bone fractures that require long-term medical treatment.
Jodie fails to finish the race, losing £50,000 of potential income. She needs
£15,000 to treat injuries caused by her fall from the horse.
It later transpires the horse equipment had a manufacturing defect and that the
horse had a hereditary disease which affected its speed.
Advise Jodie.