Contract law

This assignment is an individual assignment.
This assignment requires you to submit a PORTFOLIO in response to the tasks detailed in:
“APPENDIX A – 181CLS Portfolio Instructions and Materials” of this document.
Criteria for Assessment
• Identification of relevant issues;
• Selection of relevant material;
• Knowledge of relevant subject;
• Evidence of broader research;
• Evidence of understanding;
• Application;
• Fluent argument;
• Proficient writing;
• Appropriate referencing.
This assignment is designed to assess learning outcomes:
1. Identify and apply the key concepts and principles of contract law enshrined in both common law and statute;
2. Explain the difference between tortious and contractual obligations. Recognise where tort law may provide a remedy in addition to, or instead of, contract
law;
3. Explain, with examples, the role of equity in relation to contractual relationships;
4. Identify and comment upon areas of contract law where external factors, such as social policy or business realities, effect changes in the law;
5. Apply knowledge of substantive principles to solve problems, actual or hypothetical, involving contractual scenarios;
6. Advise as to the appropriate action and remedies for breach of contract.
Word Count
The word count is 3500
There will be a penalty of a deduction of 10% of the mark (after internal moderation) for work exceeding the word limit by 10% or more.
The word limit includes quotations and citations, but excludes the references list.
Introduction to 181CLS Portfolio
Portfolio Format
For this Portfolio assessment, you are required to provide legal advice in response to specific tasks concerning contract law matters. All tasks are
mandatory. As such, you should provide an answer to each of the tasks to build a portfolio of your work to submit for this assessment.
Allocation of marks
Each TASK is worth equal marks.
Task 1: Formation of Contracts
Recommended word count: 1300 words
Laurie lives in Coventry and is an avid art collector. One of her favourite artists in Margarita Rayne and she owns three original pieces of Rayne artwork.
Unfortunately, Laurie has decided to sell some of her art collection as she has just lost her job and the unpaid bills are mounting. She reluctantly decides to
sell two of her favourite Rayne paintings in order to quickly raise the funds. So, she places an advertisement on a website stating, “Special offer! Two oil
paintings by Margarita Rayne for £3000 or near offer… telephone/text 07778765477 or email laurie.sheraton@outlook.com.”
On Monday morning, Tim sees the advertisement and telephones Laurie and states that he would be willing to buy the paintings for £1800. Laurie bursts into
tears and ends the call without saying anything further. An hour later she checks her mobile messages and sees that Tim has texted her to say that he would
be willing to pay £2500 for the paintings. Slightly mollified, Laurie calls Tim but he does not answer, so she leaves him a message saying that she would not
sell her paintings for less than £2800.
On Tuesday morning, Shirley emails Laurie stating that she would be prepared to buy the paintings for £2600 if the paintings could be delivered to her home
address in London by the next business day. Feeling desperate, Laurie emails Shirley that she can have the paintings for that amount but the items wouldneed to be collected from her place in Coventry.
On Tuesday evening, Laurie receives an email from Tim that explains that whilst he did not have the money to buy both paintings for £2800, he would be
willing to buy the larger painting, ‘Evening Skies’, for £2000. Laurie would prefer to sell just one painting and emails Tim to say that he can have the painting
for that amount. She then texts Shirley saying, “Sorry, ‘Evening Skies’ has been sold to another buyer and I have decided to not sell the ‘Nightscape’ painting
after all. But at least that saves you a trip to Coventry!” Shirley immediately responds to say that a contract had been formed and that she was entitled to the
paintings.
On Wednesday, Laurie sees a newspaper advertisement for an auction of artwork, including a Rayne painting, ‘Sunrise’. In need of a distraction from her
financial woes, and noting that the auction was local and advertised as ‘without reserve’, Laurie decides to attend. Due to recent flooding of the main roads,
there are very few people at the auction. Laurie makes a low bid of £50 for the painting, knowing that it is worth at least £1500. The auctioneer becomes very
agitated when no further bids are made and decides to withdraw the Rayne painting. Laurie is extremely upset that the auctioneer has prevented her from
acquiring the Rayne painting.
Advise Laurie on her legal position in respect of the paintings.
Task 2: Terms of Contracts
Recommended word count: 1100 words
You have been invited to write a journal article on the following question by the Coventry Journal of Contract Law:
“The traditional classification of terms of contract should be abandoned. Instead, all terms in a contract should either by conditions or innominate terms.”
To what extent do you agree with this statement?
Use case law and/or statute and/or secondary sources (e.g. journal articles) where appropriate when writing this journal article.
Task 3: Misrepresentation
Recommended word count: 1100 words
You have recently started working at Solomon Solicitors Ltd. One of the solicitors in the firm has assigned you the task of writing a report on the remedies
available for fraudulent misrepresentation and negligent misrepresentation.
In particular, the report should include an explanation and analysis of key sections of the Misrepresentation Act 1967. It is expected that you will identify and
discuss relevant cases to help explain the meaning and scope of the identified statutory provisions. Reference to academic commentary on this Act may also
be considered for this purpose.