You are advising the founders of a new business “Delightful Developers”. They are new to development
and construction and have asked you to advise them about their following concerns:
1. On 23 January 2013, David Cameron said that the British people must “have their say” on
Europe as he pledged an in/out referendum if the Conservatives win the election. The prime
minister said he wanted to renegotiate the UK’s relationship with the European Union (EU) and
then give people the “simple choice” between staying in under those terms or leaving the EU.
With reference to legislation, explain how EU law is supreme. Research and report on the
anticipated impact on business of the UK leaving the EU.
2. They are anxious about their potential contractual and negligence liabilities. With reference to
case law:
a. Outline the essential elements the formation of a contract and negligence.
b. Then contrast the basis on which damages (money) are calculated for breach of
contract and negligence.
3. They are planning to buy a freehold plot of land to develop with money borrowed from a bank.
The owners are worried that others may continue to have rights over their property.
With reference to case law, explain the following:
a. a mortgage;
b. easements;
c. restrictive covenants; and
d. adverse possession.
4. The founders are considering trading in partnership or forming a company. With reference to
the relevant legislation, explain the key features of a partnership and a company. Conclude,
with reasons, whether Delightful Developers should trade as a partnership or as a company.
The assignment is FOUR questions, each question carries equal marks.
Guidance
Produce a word-processed document (a total of approximately 2500 words for all four questions –
excluding reference section and any appendices). The word count for the report should be stated on the
face sheet.
Journalistic pieces, electronic sources or other `light-weight’ unreferenced material will not carry the same
grade of marks as properly referenced textbooks, statutes and cases.
Submitted papers must be presented in an A4 format, with pages attached together with one staple in the
top left hand corner, and with a University ‘Assignment Receipt / Report Form attached to the front. There is
no requirement for Papers to be bound in folders. Students submitting semester papers that exceed the
2500 word limit and/or contain inadequate referencing will be penalised.
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