QUESTIONDeclan, who lives in Buckinghamshire, owns a car dealership which sells only to other car dealers 'business to business'. In the summer of 2017, Simon who had purchased cars from Declan in the

MIDDLESEX UNIVERSITY

LAW 1108 – CONTRACT LAW

COURSEWORK

TERM ONE/TWO 2018/19

Your work should be word processed in 12-point font. 1000words maximum

Submission of coursework

Your assignment must be submitted through Turnitin and no later than 4pm on Friday 11th January 2019

As the work must be submitted electronically via Turnitin, it will be checked for possible plagiarism, collusion and word counts using the appropriate software. The work must be submitted without the title, and without setting out the question in order for the word count to be checked. Failure to submit on Turnitin will result in the award of 0%. 5% per day will be deducted for every day the coursework is handed in late up to a maximum of 5 days (including weekends and Bank Holidays).

Subject to the above, the deadline is fixed and missing the deadline will result in the award of 0%. There is no such thing as an extension. Where you can demonstrate a good reason to defer, you may apply for a deferral through the Student Office. If you are granted a deferral, you must take the new assessment at the next opportunity.

You must retain a copy of your work.

Students may submit their coursework to the electronic system, Turnitin, as many times as they like prior to the deadline.  Each time they will receive an Originality Report giving them the opportunity to address plagiarism/poor referencing, etc. issues up until the deadline date.  Students will be required to submit a final copy by the deadline date.  

Please note that the marks given for coursework during the academic year will be provisional only and will be confirmed on publication of the final results at the end of the academic year.

Word Limits The word length is 1000 words only

(a) All coursework must state the word count.

(b) The word count excludes the bibliography and all footnotes as long as they are used for citation and reference purposes only.

(c) All work which exceeds the word limit, fails to state the word count or states the word count incorrectly will be subject to penalties.

(d) Coursework which fails to state the word count or states the word count incorrectly will be penalised by the deduction of 2%.

(e) Coursework which exceeds the word limit by 10% or less will be penalised by the deduction of up to 5% on a pro rata basis.

(f) Coursework which exceeds the word limit by more than 10% will be penalised by the deduction of 5% on a pro rata basis for each 10% that the word limit is further exceeded.

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QUESTION

Declan, who lives in Buckinghamshire, owns a car dealership which sells only to other car dealers 'business to business'. In the summer of 2017, Simon who had purchased cars from Declan in the past, came to see Declan wanting to buy 6 Range Rover Vogue cars to sell on at his own dealership. Declan suggested that Simon should pay a total price of £100,000 and the cars would be delivered on the following Friday. Simon agreed, paid the money, and signed a standard contract with Declan for the sale of the cars. Just as he was about to leave Declan’s dealership he tripped over a pile of tyres that had been left by the main exit. Simon fractured a wrist and smashed his new Tag Heuer watch as he fell. He was also off work for 4 weeks.

On the Friday, the cars arrived, and Simon realised that one of the six cars had a faulty engine and gearbox. As Simon was now very angry about the whole affair, Simon decided that he wanted to sue Declan for the faulty car and for the injury and damage he had sustained when he tripped. His lawyer Alasdair wrote to Declan threatening legal action.

Declan’s lawyer Karen replied, referring Simon to the back page of the 7-page contract where a clause stated:

"Declan’s AutoMart will not be liable for any injury, loss, or damage caused to any Business purchaser while on Declan’s property, or be liable for any breach of any statutory obligation wheresover and whensoever that breach becomes known."

Declan’s lawyer also reminded Simon of a sign on the wall in the dealership also saying that; "Declan’s AutoMart will not be liable for any injury, loss, or damage caused to any Business purchaser while on Declan’s property"

Simon’s lawyer Alasdair suggested that Simon should still sue Declan as the clause and the sign cannot be relied upon by Declan.

Advise Simon as to whether Alasdair is correct.