Business Law
The objective of the assignment is to assess the student?s ability to apply legal theory to a practical problem, support that theoretical application through the use of case law, and come up with a reasonable conclusion, together with appropriate remedies.
Assessment Question:
Alex entered into a contract with Bodgit & Co for the weather-proofing and sealing of the roof of his house. Alex signed a short receipt after the work was completed for ?1000. The receipt stated:
?Acknowledged the sum of ?1000 for roofing works satisfactorily completed. The customer recognises that no refunds or partial refunds can be given for work completed?.
Two days later, during a heavy rainstorm the roof began to leak into the upstairs bedroom. Alex tried to contact Bodgit & Co, but was unable to contact them. He called out a local roofing tradesman who told him that the work done by the company was totally unsatisfactory as the sealant had been had incorrectly applied, that this had damaged some of the roof tiles permanently and that three slates had been recently dislodged, which had resulted in the leak.
He replaced the tiles and his bill, including his call out fee, was ?100. He estimated the cost of putting the job right (including a section of new tiling) was ?500. The leak also damaged the internal ceiling of the house and this also requires re-plastering and painting for which Alex has been quoted ?300. Alex is considering suing Bodgit & Co and in this regard seeks your advice on the following matters:
A. Assess the nature of the breach of contract committed by Bodgit & Co.
(10 marks)
B. Evaluate whether Alex can obtain an Order for Specific Performance requiring Bodgit & Co to come back and complete the work to an acceptable standard.
(20 marks)
C. Assuming that Alex decides to sue Bodgit & Co for the defective work, explain the concept of damages, discussing both the measure and the quantum, and assess the actual quantum that may be recoverable by Alex in this situation.
(30 marks)
D. Evaluate the law in relation to exclusion clauses and determine whether the exclusion clause on the receipt will prevent Alex claiming from Bodgit & Co.
(30 marks)
(Sub-Total 90 marks)
Note: An additional 10 marks will be allocated to presentation (10 marks)
(Total 100 marks)
The total maximum word count of 1800 words excludes appendix and bibliography. All work to be clearly referenced (Harvard Style) in the bibliography & appendix section of your project.
Assessment criteria
The following specific criteria will be used to assess your performance for this assignment:
Knowledge and Understanding:
? Does the student clearly present the factors leading to the dispute?
? Does the student present the legal nature of the dispute?
Evaluation, Analysis and Application:
? Does the student clearly explain the arguments made before the Court?
? Does the student explain clearly the rationale for the Court?s ultimate decision?
Language and structure
? Does the student use appropriate grammar and spelling?
? Is the coursework typed and well presented?
? Does the summary follow a clear structure?
In addition, the following generic assessment criteria describe the level of achievement the student has attained for the assignment:
70%+: This grade is awarded for work that provides evidence, not only of preparation and organisation of material, but also of originality and maturity in response. Students demonstrate the ability to make logical, well supported arguments. There is evidence of informed and highly accurate discussion and well developed communication skills.
60-69%: This grade is awarded for work that is well organised, and shows a solid understanding of the topic and an ability to develop an argument. Work is generally accurate, coherent and well structured. Appropriate issues have been identified and discussed. There may be minor faults or the work may lack the originality or maturity of judgment that would have made it worthy of the highest grade. Overall, the work exhibits clear and effective communication.
50-59%: This grade is awarded for work that is satisfactory and generally accurate but with some reservations: there may have been an inadequate discussion or a degree of misunderstanding. Arguments may have been inadequately developed or framed, there may be structural weaknesses, or there may be factual errors. The work will be broadly correct but not comprehensive and it demonstrates general competence.
40-49%: This grade is awarded for work that reaches an acceptable level of competence. There will be evidence that some appropriate knowledge or skills have been acquired and applied, but there will be a noticeable lack of comprehension or application, or both. The work may be poorly organised, undeveloped, or inconsistently argued; relevant course material may have been overlooked and there may be excessive quotation or paraphrasing of published material.
0-39%: Fail. This grade is awarded for work where there is no evidence of significant learning having taken place. There is evidence of an inability to formulate arguments. The work is likely to be short on words, poorly expressed, poorly organised, lacking in structure or a combination of the above. None of the key assignment criteria are addressed significantly.
General Requirements for Students:
1. A proportion of assessment marks is allocated to presentation. All assignments must be word-processed, with word count noted unless otherwise stated by the lecturer.
2. Where a hardcopy submission is required, an Assignment Submission Form must be securely attached to each submission.
3. All assignments must be submitted no later than the stated deadline.
o Assignments submitted after the latest deadline (date and time) specified, including any extension, are deemed to be ?late? and are penalised, as follows:
? Where the assignment is submitted not more than seven working days after the latest specified date, the mark awarded to the assignment is reduced by 25%.
? Where the assignment is submitted more than seven working days after the latest specified date, it is awarded a mark of zero
? Where the assessment is undertaken in a group, the piece of work should be submitted in its complete entirety, and any penalty for late submission incurred applies to all group members.
4. All relevant provisions of the Assessment Regulations must be complied with.
5. Extensions to assignment submission deadlines will be not be granted, other than in exceptional circumstances. To apply for an extension please go to http://www.dbs-students.com/Registrar/ and download the Assignment Extension Request Form. Once completed this form should then be returned to your Programme Leader, for approval.
6. Students are required to retain a copy of each assignment submitted, and the submission receipt (If a physical submission is required) until the issuing of a transcript indicating the mark awarded.
7. Assignments must be appropriately packaged and presented.
8. Where a submission involves digital media, it is the submitting students? responsibility to ensure the media is appropriately labelled, fully working and they must retain a copy.
9. Assignments that breach the word count requirements will be penalised. There is a 10% discretion, either way, applicable in terms of word count.
10. Students are required to refer to the assessment regulations in their Student Guides and on the Student Website.
11. Dublin Business School penalises students who engage in academic impropriety (i.e. plagiarism, collusion and/or copying).
12. To prevent plagiarism please follow this link to the Harvard Style Referencing Guide – all referencing is required in this format.
(Guide on referencing is also available under DBS library guides at www.library.dbs.ie)
13. In relation to electronic submissions:
A. All assignments should be submitted to your subject/course page on Moodle by the deadline date.
B. It is the student?s responsibility to ensure their file is uploaded correctly.
C. When an assignment is submitted, it is the student?s responsibility to ensure that the file is in the correct format and opens correctly.
D. When you submit your assignment you will be asked to click on a button which will declare the following:
By submitting this assignment I confirm that I am aware of DBS?s policy regarding cheating, plagiarism and all other forms of academic impropriety. The coursework submitted is my own or my group?s work, and all other sources consulted have been appropriately acknowledged. I am aware that in the case of doubt an investigation will be held.
E. Include an electronic cover sheet with the following details to the front of the assignment:
Alex entered into a contract with Bodgit & Co for the weather-proofing and sealing of the roof of his house. Alex signed a short receipt after the work was completed for €1000. The receipt stated:
“Acknowledged the sum of €1000 for roofing works satisfactorily completed. The customer recognises that no refunds or partial refunds can be given for work completed”.
Two days later, during a heavy rainstorm the roof began to leak into the upstairs bedroom. Alex tried to contact Bodgit & Co, but was unable to contact them. He called out a local roofing tradesman who told him that the work done by the company was totally unsatisfactory as the sealant had been had incorrectly applied, that this had damaged some of the roof tiles permanently and that three slates had been recently dislodged, which had resulted in the leak.
He replaced the tiles and his bill, including his call out fee, was €100. He estimated the cost of putting the job right (including a section of new tiling) was €500. The leak also damaged the internal ceiling of the house and this also requires re-plastering and painting for which Alex has been quoted €300. Alex is considering suing Bodgit & Co and in this regard seeks your advice on the following matters:
A. Assess the nature of the breach of contract committed by Bodgit & Co.
(10 marks)
B. Evaluate whether Alex can obtain an Order for Specific Performance requiring Bodgit & Co to come back and complete the work to an acceptable standard.
(20 marks)
C. Assuming that Alex decides to sue Bodgit & Co for the defective work, explain the concept of damages, discussing both the measure and the quantum, and assess the actual quantum that may be recoverable by Alex in this situation.
(30 marks)
D. Evaluate the law in relation to exclusion clauses and determine whether the exclusion clause on the receipt will prevent Alex claiming from Bodgit & Co.
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