** Reference Sources using the OXFORD STANDARD FOR THE CITATION OF LEGAL AUTHORITIES (OSCOLA)**
Lectures we had on this unit:
1. Classification & sources of law
2. Domestic legislation and European law
3. Case law and judicial precedent
4. Contract formation
5. Contractual terms
6. Controls on exemption clauses and unfair terms
7. Misrepresentation
8. Discharging a contract.. Remedies for breach of contract
9. Introduction to torts
10. Negligence
11. Vicarious liability, defences and remedies in tort
Tutors would be expecting our essay to be from the topics mentioned above and cases and sources mentioned from the textbook “Introduction to Business LAW” By Lucy Jones.
Please Read the following carefully and answer the questions set out at the end
FONT + LINE SPACING: You must use Arial (point12). The lines must be double-spaced.
WORD LIMIT: 1500 words excluding footnotes and bibliography. Coursework that is more than 10% over or under the word limit will result in a 10% penalty.
FOOTNOTES: Should be used to reference sources.
REFERENCING: reference sources using the OXFORD STANDARD FOR THE CITATION OF LEGAL
AUTHORITIES (OSCOLA). Students should ensure that all sources are fully cited in footnotes and in the bibliography.
“PLEASE NOTE work based on THE ENGLISH LEGAL SYSTEM (England and Wales LAW)”
Please read the following Case Study and Answer the questions set out at the end as a 1500 words essay format.
On Saturday Fernando sees an advertisement in the local paper,
‘First edition of Lord of the Rings, signed by JK Tolkein for sale £7000 Telephone Simon on 01234 – 60000 or e-mail simon @barad.co.nz.’
Fernando, who knows Simon’s address, immediately puts a cheque in the post for the full asking price together with an additional sum to cover postage and package, with a note asking Simon to send the book directly to him.
On Sunday evening Arthur e-mails Simon and asks if Simon will accept £6,500 for the book. Simon replies that the book is offered for sale at £7,000 and if he wants it he must email him back. Immediately Arthur emails Simon back saying he does want to buy it for £7,000 and will put a cheque in the post to him that day. This email arrives in Simon’s inbox but he mistakes it for spam and so deletes it without opening it. Arthur puts a cheque in the post that evening.
On Monday morning having received nothing in the post Simon sells the book for £15,000 to Gollum Books Ltd. and emails Arthur saying the deal is off.
Simon’s wife Fern, runs a coffee bar in Southsea. She goes to Good Buys, the local supermarket to purchase some coffee for her business and whilst cycling through Good Buy’s car park she is hit by Joe, a fork lift truck driver working for Good Buys. Joe has only recently passed his test. As she entered the car park Fern had seen a notice which stated “Good Buys accepts no responsibility for any loss or damage to property or persons however arising”. Fern is knocked unconscious, gashes her head and damages her bicycle. She was not wearing a helmet. There is evidence showing Joe was driving too fast and showing off to his friends.
(i) Advise Simon if he has any contractual liability to Fernando and or Arthur (50 marks)
(ii) Advise Fern on any contractual and or tortious claims she may have against Joe and or Good Buys, including a discussion on whether the notice will prevent her making any claim against Good Buys. (50 marks)
HOW TO ANSWER LEGAL PROBLEM QUESTIONS (case studies)
What is a problem question?
A legal problem question describes a fictitious scenario and then asks you to advise one or more of the parties as to their legal rights or possible liabilities arising out of the scenario.
It is important to read the instructions of the problem question. You may be required to advise all the individuals in the scenario or just one. Do NOT waste time or words advising people when the question has not asked you to do so. It is also important to accept the facts of the problem question. Do not argue what might have been.
A good method to use when tackling problem questions is the ILAC method which creates a logical structured answer: ILAC stands for Issue, Law, Application and Conclusion.
Issue:
Identify what legal issue needs to be addressed. This can often be the most difficult bit of a problem question. You need to identify what legal question needs to be answered. Eg. Does Johnny have a contract or has Jane been negligent when she drove too fast and caused the accident?
Law:
You must state the law governing the issue you have identified. Eg. For a legal contract to exist an offer must have been accepted and consideration pass between the parties – it is essential that you make reference to case law or statute to back this up.
Application:
Apply the law to the facts of the question. Eg. Johnny has not paid for his shopping. References to cases are vital at this stage.
Conclude:
Make sure you conclude as to what will happen to the person you are advising. Eg. It is likely that a court will find Johnny has no contract and so not entitled to the items from this shop.
– Some notes on essay and referencing
When you are making a point about law you must cite a statute or case law e.g. In English law misrepresentation is a false statement of fact not opinion, as held in Bissett v Wilkinson.
If you cannot find a statute or case to back up what you are saying you need to question whether this is really the true state of the law.
To find out what the law is you should look at TEXTBOOKS such as INTRODUCTION TO BUSINESS LAW by LUCY JONES. This will point you in the direction of the relevant cases and statutes. You need to cite the primary sources. Eg. ‘A person cannot by reference to any contractual term exclude or restrict his liability for death or personal injury’ You should back this up by citing S.2(1) of the Unfair Contract Terms Act 1977.
When you are making a criticism, explaining how the law works, giving an opinion or suggesting reform you will use opinion-based authority such as journal articles or textbooks.
Be precise in your citation. Cite the section of the Act or the page in the book not just the entire book or Act.
1. Liable ‘of’ something = wrong
Liable for something = correct
2. Mixing criminal and civil law terms – someone can only ‘prosecuted’ for a criminal offence and ‘sued’ in a civil matter. The terms are never interchangeable.
3. Similarly someone is only described as ‘guilty’ in a criminal matter. In a civil matter they are ‘liable’.
4. Please avoid US legal terminology – we do not start a ‘suit’ against someone in the UK – we ‘sue’ them, or ‘begin an action’ or ‘make a claim’ against them.
5. Make sure you capitalise proper nouns – Parliament, Human Rights Act 1998.
Evaluate your sources before using them !
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