7CN017 2022 - 23 Coursework
7CN017 2022 - 23 Coursework
7CN017 2022 - 23 Coursework
Assignment Brief
LO1: demonstrate understanding of the general principles of the laws of contract and
tort and their relevance to projects and programmes.
LO2: You should be able to synthesize information from different sources and apply
legal principles to determine rights and obligations of project and programme
stakeholders
. critical evaluation
Marking Criteria:
The University’s generic Performance Descriptors for Level 7 Modules are at the last
page of this document. In assessing the assignment for this Module, we are looking
for the following good features:
• presentation, including appropriate referencing style
• grammar and spelling,
• knowledge and understanding,
• identification of relevant issues,
• use and application of authorities,
• logic and development of argument,
• use of relevant case law
• use of a range of materials and sources.
Submission of work
Your completed work for this assignment should be submitted on or before the due date
through the Canvas Assignment portal. Any special instructions will be available on Canvas
and within the assessment brief. The portal is linked to SITS/e:Vision and this is how your
marks will be identified and transferred. Please do not use any other methods to submit your
work.
You must keep a copy or backup of any assessed work that you submit. Failure to do so
may result in your having to repeat that piece of work.
The University's fit to sit and extenuating circumstances policy aims to ensure that students
only submit assessments when they are fit to do so and that no student is disadvantaged by
circumstances beyond their control. Students can self-certify their own sickness absence for
up to seven days for a maximum of three times a year to cover any times when it might be
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For other reasons than sickness or for longer-term absences, students should apply for
mitigating circumstances and evidence will need to be submitted in accordance with our
normal regulations. Students can contact their Faculty Student Services via the e:Vision
helpdesk for more information or to make a claim. If their claim is accepted, the student will
generally be offered the opportunity to take the assessment, as if for the first time (with no
grade penalty), within the current year.
Retrieval of Failure
Where a student fails a module (less than 40% for undergraduate modules, 50% for
postgraduate modules), they have the right to attempt the failed assessment(s) at the next resit
opportunity (normally April or July resit period). Only one resit attempt will be allowed. If a
student fails assessment for a second time, they have a right to repeat the module.
NOTE: STUDENTS WHO DO NOT TAKE THEIR RESIT AT THE NEXT AVAILABLE
RESIT OPPORTUNITY WILL BE REQUIRED TO REPEAT THE MODULE.
Return of assignments
Assignment feedback and unconfirmed marks will normally be provided through CANVAS
within four working weeks. Feedback can be accessed alongside your original assignment
for learning purposes. If you have any questions regarding your feedback or unconfirmed
mark you have two working weeks from the date you receive the returned assessment and/or
written feedback or receive your exam results to contact and discuss the matter with your
lecturer.
Cheating is any attempt to gain unfair advantage by dishonest means and includes
plagiarism and collusion. Cheating is a serious offence. You are advised to check the nature
of each assessment. You must work individually unless it is a group assessment.
Collusion occurs when two or more students collaborate to produce a piece of work to be
submitted (in whole or part) for assessment and the work is presented as the work of one
student alone.
ASSSESSMENT TASKS
You are to answer all questions, which carry equal marks. Where a question has multiple
parts, the relative weights of the parts are specified.
QUESTION 1
Explain the doctrine of judicial precedent and discuss its advantages and disadvantages.
QUESTION 2
(a) Explain the terms “remoteness” and “mitigation” as used in connection with damages
for breach of contract (40%).
(b) Ken, a high-flying business executive, entered into a contract for the supply and
installation of replacement windows in his holiday cottage in the Lake District. The
agreed price was £10,000 payable upon completion. By agreement with the contractor,
the work was to be carried out by a sub-contractor. Ken also agreed to pay the amount
to the sub-contractor. As Ken was required to be in attendance whilst the work was
being done, he took a day off from work to do this. However, when the sub-contractors
arrived they said they would not start until Ken promised to pay them £12,000. Ken
declined and had the work done by another contractor for £13,000. Advise Ken as to
whether Ken can recover from the first contractor damages for: (i) the additional cost of
getting the work done; (ii) 12 hours of time wasted @ £500/hour; and (iii)
disappointment and hurt (60%).
QUESTION 3
(a) Identify and explain the legal principles governing what constitutes an “offer” in law of
contract (40%)
(b) Apply the principles referred to above to determine whether the following constitute offers
QUESTION 4
Shortly after a bridge constructed by ABC Contractors Ltd was taken over, it collapsed whilst a bus
was passing over it. Several passengers died on the spot whilst many suffered horrific injuries. The
accident scene was described as very gory.
Assuming that the collapse was a result of their failure to comply with design drawings provided by
the project owner, advise ABC Contractors as to their possible liability for the following injuries and
losses.
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(a) A man who was fishing in the waters below was severely injured.
(b) Another fisherman, who narrowly escaped drowning, is given to violent trembling at the sight of
any mass of water.
(c) A passer-by who went to help the passengers is no longer able to work because of witnessing
their injuries.
(d) A motorist who came on the scene fainted and has been committed to a mental home.
(e) The father, brother and boyfriend of one of the passengers went to the hospital to which the
passengers were sent and saw her unconscious in the casualty department waiting to be attended
to. All of them have been off work for 6 months on medical instructions.
QUESTION 5