Case Study and Relevant Statutory Provisions Reproduced sections of the following acts are attached to this paper:
Consumer Protection Act 1987: Sections 2, 3, 4 and 5
Employment Rights Act 1996: Sections 95, 98, 118, 119, 123 and 124
Equality Act 2010: Sections 11, 13, 26, 39, 40 and 124
Consumer Rights Act 2015: Sections 9, 10, 11, 13, 14, 15, 17, 19-24, 49, 50, 54, 57, 62-69
Learning Outcomes:
The following learning outcomes will be assessed within the MAN2108 Business Law Assessment:
Explain the UK legal framework and identify the key sources of Law.
Evaluate and apply the necessary factors for the establishment of Tort and tortious liability for negligence and product liability.
Identify, explain and apply essential of a valid contract and the factors which may affect the validity of the contract, which include distinguishing express and implied terms of the contract and explain the nature and scope of exclusion clauses, breach of contract and how a contract can be discharged.
Describe the features of the main types of business contract and evaluate the rights and liabilities surrounding business owners and to apply the key provision of the Sale of Goods Act and the Supply of Goods and Services Act, whilst comparing the rights and liabilities of the owners/members of the various forms of business.
Identify, explain and apply the key employment law legislation on employment protection and discrimination.
Instructions and Casework Questions & Tasks
You have secured a role as a volunteer with the ‘Guildford Consumer Business and Advice Services’ (GCBAS), which is a charitable general advice service staffed by tutors and students from surrounding Higher Educational establishments.
The role of GCBAS is to provide legal support and other advice, free of charge, to both the public and local businesses.
As a volunteer, your role is to undertake research on the cases detailed below, so as to provide the appropriate legal advice to GCBAS.
Casework 01
Paul who wanted to buy a motorbike after passing his recent test, saw an advert in the local paper, placed by ‘Rage Secondhand Motorcycles of Guildford Limited’, giving details of the motorbikes that they had for sale at their Guildford showroom. One of the motorbikes was described as ‘2019 Magnet Road Interceptor, Red Chrome, 250cc – £2500’. Paul thought that the motorbike sounded just right for him.
After reading the local paper, Paul visited the showroom and enquired about the ‘2019 Magnet Road Interceptor’. During the course of conversation, the motorbike showroom manager confirmed the details given in the advert. Paul bought the motorbike, paying in cash.
Before Paul left the showroom, the manager suggested that with his new acquisition, he might want to join the ‘Magnet Road Interceptor Motorbike Club’. He gave Paul the application form and informed him that if he sent his details along with the membership fee within 14 days of purchase to the Motorbike Club, he would be entitled to a free new ‘state of the art’ alarm to protect the motorbike from possible theft.
The next day Paul completed his application form for the ‘Magnet Road Interceptor Motorbike Club’, wrote a cheque for the membership fee and placed both the form and the cheque into an envelope addressed to the Motorbike Club. He then made his way to the local post box, when he saw Sophie his regular postwoman. Paul asked Sophie if she could take the letter from him to save time. She agreed.
Seven days later, the motorbike started to make a strange noise and suddenly came to an abrupt halt throwing Paul from the motorcycle and into a ditch. Paul received hospital treatment for cuts and a broken arm.
Paul took the motorbike to a specialist independent vehicle inspector for a mechanical opinion. The inspector confirmed that the motorbike needed a new engine manifold and new rear suspension. He went on to state that the motorbike showed hidden cracks within the subframe which as a result made the motorbike both dangerous and unroadworthy and was probably responsible for his recent accident.
One month after completing the ‘Magnet Road Interceptor Motorbike Club’ application form, Paul decided to contact the Club as he had not received any news surrounding his recent application. Following a telephone call to the ‘Magnet Road Interceptor Motorbike Club’, it was stated that they had not received his recent application and therefore he would not be entitled to any membership or free alarm.
Paul seeks advice from GCBAS for any legal remedy surrounding the purchase of the motorbike and matters surrounding the membership application.
Casework 02
Jennifer is 28 years old and works for ‘Guildford Computer Coders Are Us’ (‘GCCAU’) which employs 76 staff.
The company specialises in the website design and programme coding for local business and schools.
As a consequence of the increased requirement to develop websites due to the Covid-19 pandemic, GCCAU has been under significant pressure to turn all work around quickly.
Jennifer, who is a leading software coder, has worked for the firm for the past three years. Unfortunately, Jennifer has been absent from work through sickness on a number of occasions over the last three months.
During her last illness, Jennifer was absent for four weeks and came back for only two days before she was off work again.
Phillip, Jennifer’s team manager, was concerned about Jennifer’s lack of commitment to the company and the extent to which the software coding team’s efforts to oversee the new business have been disrupted by her continuous absence.
Last week, Phillip called Jennifer to a meeting, at which he expressed his concerns about the number of absences and their effect on the software team.
During the meeting, Jennifer informed Phillip that she was pregnant and that she had consulted her Doctor and provided the appropriate documentation for each of the absences. In addition, Jennifer also stated that she had contacted the GCCAU Human Resources Department, to inform them that some of the absenteeism was related to her pregnancy.
Phillip replied that he was sympathetic, however, he informed Jennifer that he would now closely
monitor any further absenteeism.
Over the next month Jennifer did not take any further sick leave.
During the weekly general team briefing to staff at the beginning of March 2021, Phillip made a number of derogatory remarks surrounding Jennifer’s absenteeism.
Jennifer thinks that she is being victimised and bullied by Phillip and is now seeking advice from GCBAS as to her legal position surrounding her employment.
Casework 03
Mr and Mrs Williams wanted to install a new kitchen in their recently acquired detached property located in the heart of Guildford.
Mr Williams, who has been qualified electrician for the past twenty years had decided to complete the renovation himself and arranged for a locally registered plumber to complete all the necessary plumbing work within the kitchen.
The couple had seen some new kitchen units they thought would be suitable on the ‘Kitchens Deluxe of Guildford Limited’ website. They later visited the local branch located upon Guildford high street, in order to purchase the kitchen units they had decided upon.
Mr and Mrs Williams also needed a new dishwasher for the kitchen and asked the sales assistant which one he would recommend, after describing to him the layout and design of the kitchen. The shop assistant showed them a range of dishwashers and recommended the ‘DW Elite 2021 Kitchen Dishwasher’, which was marked as being ‘end of line design, heavily discounted and no refunds’.
Mrs Williams examined the unit and decided that this should be more than suitable from the advice given.
After much deliberation, Mr and Mrs Williams purchased a set of kitchen units, and the ‘DW Elite 2021 Kitchen Dishwasher’. Three weeks later, the goods were delivered to their Guildford property.
Mr Williams began to install the differing kitchen units and discovered that the shelves supplied to the kitchen unit cupboards were the wrong size and did not match the identified units as purchased. In addition, upon installation of the ‘DW Elite 2021 kitchen Dishwasher’, the local plumber who was engaged by the couple to fit the dishwasher into the kitchen suffered an electric shock as hidden internal wiring within the dishwasher was frayed and this subsequently caused the main circuit board to melt and malfunction when the device was connected to the mains electricity.
Mr Williams went back ‘Kitchens Deluxe of Guildford Limited’ to complain about the purchased goods. However, the shop manager stated that all the goods left the ‘Kitchens Deluxe Warehouse’ in good condition and that any issues should be taken up with the manufacturer.
Turning to the kitchen units, the shop would be prepared to change the unit shelves, but only if the goods have not been opened or unpacked.
Mr and Mrs Williams have decided to seek advice from GCBAS as to their legal position regarding this matter.
Casework 04
Henry and Louisa own and run an organic food and cosmetic centre called ‘Essence of Organic Life Within Guildford’. The couple sell both organic food and cosmetics upon their premises. In addition to the products produced on site, Henry and Louisa use the services of Amanda, who produces a wide range of natural ingredients cosmetic products.
Three weeks ago, the business launched a new range of organic cosmetic beauty products. Both Henry and Louisa called upon the services of Amanda who produced the ‘All Organic Deep
Cleanse Cleaner’ and the ‘Anti-Wrinkle Life Cream’ products, all of which were immediately placed on sale to the public.
Last week, Maria went to ‘Essence of Organic Life Within Guildford’ and purchased a bottle of ‘All Organic Deep Cleanse Cleaner’ and the ‘Anti-Wrinkle Life Cream’.
Maria, give the purchased ‘Anti-Wrinkle Life Cream’ to her best friend Sandra as a birthday present.
Later that week, having fully read the application requirements for the ‘All Organic Deep Cleanse Cleaner’, Maria applied the solution to her legs. Shortly after the application, Maria felt an immediate burning sensation and noticed that both legs exhibited a large number of very painful red blotches.
Following a visit to the local hospital, Maria was provided a full medical and toxicology report surrounding her injury, which evidenced that the ‘All Organic Deep Cleanse Cleaner’ contained a form of acidic toxic content, which if applied to the skin would cause immediate burning and discomfort. Unfortunately, in the same week, Maria received an email from Sandra who also suffered acute skin burns when using the ‘Anti-Wrinkle Life Cream’.
Both Maria and Sandra have made a full recovery and has instructed legal proceedings against ‘Essence of Organic Life Within Guildford’.
Henry and Louisa are now seeking assistance from GCBAS, as they need to know what their legal position is and what liabilities may arise in these circumstances.
TasksHaving completed your research on the above problems/casework, you are now required to write a report addressing a legal resolve upon ALL FOUR of the presented ‘Casework Questions’.
Your report on each of the cases should include the following:
An explanation of the applicable law, citing relevant statutory provisions and supportive case law.
An explanation of how the law and applicable legal principles applies in each particular situation.
Advice on whether any legal action could be taken in relation to the case and an assessment of the likely outcomes of the applied legal action.
Statutory Provisions
Note that the sections of the Acts below reproduced from the various Statutes are provided in order to avoid the necessity of students having to provide a copy of their own unmarked Statute book for the purpose of the examination
Reproduced sections of the following acts are attached to this paper: Consumer Protection Act 1987: Sections 2, 3, 4 and 5
Employment Rights Act 1996: Sections 95, 98, 118, 119, 123 and 124
Equality Act 2010: Sections 11, 13, 26, 39, 40 and 124
Consumer Rights Act 2015: Sections 9, 10, 11, 13, 14, 15, 17, 19-24, 49, 50, 54, 57, 62-69
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