Examine what claim could be brought against the supplier (DCL) for the incorrectly supplied and installed insulation boards, what would have to be proved and what defences the supplier could advance to avoid liability.

Common Law; Contracts, Tort and Adjudication

Module Learning Outcomes

The following module learning outcomes and professional body learning outcomes are tested in this assessment:

1. Competently analyse legal problems into their components in order to advise clients;

2. Construct a logical legal argument in support of a point of view;

3. Prepare, present and defend a case in relation to a professional practice scenario related to their area of study;

Assessment task and specific terms

There are two questions weighted at 25% each of the module mark and both must be answered. Each part is weighted equally. You should use roughly half the word count of 4,000 words on each full question.

There is nothing in the criminal law which either question turns on – i.e., it is all civil
law.

Question 1

City Contractors Ltd (‘CCL’) closed down its Oldcastle trade counter and storage building in August 2021 due a big drop for building products in the area.

Northern Builders plc (‘NBL’) sent an email to City Contractors Ltd on 2 September 2021 which said: “We would like to purchase all of the outstanding stock and equipment previously held in the Oldcastle branch from you; we have identified specific funds for this purpose.State lowest acceptable asking price as soon as possible.”

City Contractors Ltd replied by post on 3 September 2021 stating, “Regarding your enquiry concerning our stock and equipment. We have estimated that this has a market value of £150,000 although for a quick sale to complete by 30 September, we can let this go at £125,000.”

Northern Builders plc replied by email on 6 September 2021, stating, “That is agreeable to us, we accept. Finalise the sale by emailing our Head Office before midday on 10 September 2021.”

City Contractors Ltd decided to confirm the sale by trusting the post. A letter of affirmation was posted to Northern Builders plc Head Office on 10 September 2021. It did not reach the Head Office until 13 September 2021 by which time Northern Builders no longer wanted to purchase the equipment.

In fact, at 7.30 am on 10 September, Northern Builders had left a message on City Contractors’ answerphone indicating that it no longer wished to purchase the equipment.

(1) Critically examine the law in relation to instantaneous communications in contract law; and

(2) Appraise with reasons whether a contract has been created.

Question 2

Duckdown Contracting Ltd (‘DCL’) provides insulation material and fabrications for residential construction projects to ensure that the requirements under Part L2a
Building Regulations are met, along with the expected forthcoming changes in 2022.

On one project under way, Cotswolds Studios Ltd (‘CSL’) has started to install fabricated duck feather cavity wall boards into the business studio timber framed pods but it is noticeable that the panels which had been ordered are too short by up to 6 centimetres. Duckdown Contracting Ltd has been sub-contracted on a manufacture, supply and fit contract given a proprietary interlocking system which it had designed.

Further a stacked pile of delivered panels around 5 metres high close to an adjoining neighbouring property boundary has shifted/moved and caused damage to the old wooden 1.8 close-board fence owned by the adjoining owner.

Whilst dry, the weather has seen some windy days over the past week. As a result, several insulation wall boards have split open and loose duck-down has and continues to blow over the neighbouring property (owned by Mr Sparrow). Part of the view from Mr Sparrow’s house has been impeded by the tall stack.

(1) Examine what claim could be brought against the supplier (DCL) for the incorrectly supplied and installed insulation boards, what would have to be proved and what defences the supplier could advance to avoid liability;

(2) If an adjudicator was appointed under the supply and fit contract, explain the primary contents of his award and how costs would be dealt with; and

(3) Appraise what claim the neighbouring owner (Mr Sparrow) could bring against Cotswolds Homes Ltd for the fence damage and spilled duck-down and determine what possible defences could be advanced by CHL.

SPECIFIC TERMS: GUIDELINES

These guidelines give you a general overview on how the questions should be answered along with additional information in lecturers or taken from reading or other resource material.

This piece of work should be presented in an essay format. However, as it is an assignment based on answering a range of legal issues, your answers should be structured on the following basis using ‘IRAC’: Issue, Rule, Application, Conclusion

Further you should note these other important points:

• Each paragraph should be sequentially numbered and should be logical and not overburdened.

• The work needs to be in your own words. Cutting and pasting of text more than one sentence is not allowed. A significant similarity index in Turnitin could attract a penalty and potential disciplinary action.

• There should be headings and subheadings (where applicable) which should be reflective of the content that follows.

 Citations (references) in the main text and the list of references presented at the end of the report must be in line with the Harvard Referencing System. Do not cite lectures, lecture notes or slides etc. unless there are clear quotes which have been made.

 Communication must be clear, effective and error-free throughout the report.

The following points should also be used as further guidance:

o Direct speech including writing in the first, second person (e.g., I, we, you etc.) is inappropriate for academic reports and must be strictly avoided.

o Avoid lengthy sentences or those which merely try to list parts of an answer – clear unambiguous text is preferred.

o All abbreviations must be explained when first used, e.g., Royal Institution of Chartered Surveyors (RICS).

 It is expected that you will conduct further research and reading to enable youadequately interpret the laws and apply (where applicable) all relevant statute and case law. You need to be careful when using search engines to trawl the internet as these can give misleading results.

You will be penalised for using unauthorised websites, including those from abroad. One of the ways of
improving the trust worthiness of the work is by using the recommended and core text on the module descriptor. The list is not extensive.

 Referencing and citation requirements: You are expected to refer to the
indicative bibliography of the module provided in Canvas and the additional
bibliographic sources suggested in lectures or lecture information. In addition,
you must undertake your own appropriate further reading and research in
relation to the matters addressed in this coursework brief. Evidence of
independent reading and research will be rewarded. A list of references must
be presented at the end of the report listing all bibliographic sources cited.

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