Assignment Scenario

In the wake of the financial crisis, many families find themselves unable to manage their personal finances.
In order to respond to a growing demand for affordable personal advice, you are setting up your own new company that provides an online management service for families, called ‘Online Household Manager’.
You will offer this service through a website (‘www.ohm.nl’).
The service will be available in both Dutch and English at the choice of the client. Your online service offers the possibility to families to enter their personal information, such as personal status, income and expenses, and receive expert advice on how to manage family expenses on a monthly or yearly basis, including tax advice.
In order to provide your services, you need to have an online standard form contract. In order to help your legal advisor Ms. Law, she has asked you to prepare a draft online standard form contract.
Your draft contract should contain the contractual clauses specified under each Question below, as well as a paragraph with specific analysis, as indicated in each question separately. Use statutory law and case law to justify your answers.
Part 1: Section explaining the different types of business agreement and the importance of the key elements required for the formation of a valid contract
Part 2: Section applying the rules of offer and acceptance in a given scenario, also considering any impact of new technology
Part 3: Section assessing the importance of the rules of intention and consideration of the parties to the agreement Part 4: Section explaining the importance of the contracting parties having the appropriate legal capacity to enter
into a binding agreement
Part 5: Section analysing specific contract terms with reference to their importance and impact if these terms are broken
Part 6: Section applying and analysing the law on standard form contracts
Part 7: Section discussing the effect of exemption clauses in attempting to exclude contractual liability
Assignment Question(s)
Question 1 (Learning outcome: 1) Section explaining the different types of business agreement and the importance of the key elements required for the formation of a valid contract.
Include two clauses in your draft agreement, one clause providing the type of the agreement and another clause stipulating the main elements that are required for the formation of this legally binding contract.
Explain in a short note of 100 words max. underneath each clause why you consider this clause important for the agreement.
Example:
Clause 1: This agreement is an agreement for the sale of goods.
Note: The nature of the business agreement is important for both parties to the contract. Etc etc etc
Clause 2: The main elements for the formation of this agreement are … .
Note: The elements of the formation of an agreement are important. Without these elements, no agreement exists. In particular, element 1…, element 2…, etc etc.
Question 2 (Learning outcome: 1) Section applying the rules of offer and acceptance in a given scenario, also considering any impact of new technology
Include a clause in your draft contract providing for the way of acceptance of your online draft contract from your potential client.
Underneath the clause, explain in 150 words max. the importance of this clause, as well as the legal nature of the offer. See example in Q. 1 above for the format.
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Question 3 (Learning outcome: 1) Section assessing the importance of the rules of intention and consideration of the parties to the agreement
Include two clauses in your draft contract. One clause should stipulate the appropriate consideration for the provision of the services required, as well as the way it should be provided. The other clause should be an explicit provision on the intent of the parties.
Underneath each clause, explain in 100 words max. per clause its importance for the contract. Justify your answer. For format, see question 1.
Question 4 (Learning outcome: 1) Section explaining the importance of the contracting parties having the appropriate legal capacity to enter into a binding agreement
Include in your draft contract a clause concerning the age of the party accepting your online offer.
Underneath your clause, write a paragraph of 100 words max. explaining the importance of age for the conclusion of a legally binding agreement. For format, see question 1.
Question 5 (Learning outcome: 2) Section analysing specific contract terms with reference to their importance and impact if these terms are not fulfilled
Include 3 clauses in your draft contract. The first clause should explain the main services that the client will receive by accepting your online contract. The second clause should provide additional services that may be made available to the client free of charge, if available at the time. The third clause should explain the impact for the contract if the first two clauses are not fulfilled, on the basis of their importance.
Underneath these clauses, provide one paragraph of 250 words max. explaining the significance of these three clauses to the contract and the rights and duties of the parties to the agreement.
Question 6 (Learning outcome: 2) Section applying and analysing the law on standard form contracts
Include a clause in the contract which provides for the consequences of the standard form nature of the contract, e.g. as regards the possibility to negotiate.
Underneath this clause provide a paragraph of 100 words max. explaining the importance of standard form contracts for the clients.
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Question 7 (Learning outcome: 2) Section discussing the effect of exemption clauses in attempting to exclude contractual liability
Include a clause in your draft contract excluding your liability in the event of financial injury to your customers caused by your advice.
Add a paragraph of 200 words max. underneath the clause, explaining its importance, as well as whether it is likely to be accepted by a court of law, on the basis of existing case-law.
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