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CASE STUDIES in BUSINESS LAW
2nd edition
February 1999, in two volumes
ISBN 978-1-85450-270-4 Volume One and Two
(ISBN-10 1
85450 270 0)
A
single, printed, hardcopy version is available at GBP £129.00
This
gives you a single tutor, single site licence to copy student material for your
own classes.
The object of Case Studies in Business Law
Introduction to student materials
For
multi site and/or multi tutor use you will find our licence scheme save you
money and time – the more students the lower the individual unit price.
From
as little as £2.50 a student you can use tested, proven materials which will
save you time and
enhance
your college’s reputation.
Contact
us and discuss your needs; a
sample topic can be supplied on free 30-day approval.
The
Tutor's Manual accompanies the electronic and hard copy student materials Case
Studies in Business Law by Jeffrey Young and contains model answers, notes
and OHPs for supporting and enhancing class sessions.
The materials in it are
copyright protected and all rights are reserved. Licences are available for copying the student materials
from Elm Publications, Seaton House, Kings Ripton, Huntingdon PE28 2NJ
telephone 01487-773238 or 01487-773254
fax 01487-773359 email elm@elm-training.co.uk
Jeffrey Young
is a Senior Lecturer in Law at Oxford Brookes University. A qualified Solicitor, he has taught on
a wide range of Business and Management programmes over 20 years and has
considerable experience in teaching ‘law to non-lawyers’.
He has been a
visiting lecturer at Universities in Spain, Germany and the U.S.A. and has
regularly addressed conferences in the U.K. for those involved in personnel
work.
His current
research interest include developing teaching materials for electronic
delivery.
The object of
The original 'inspiration' for the case-studies books was the fact that the ever increasing demands placed on those teaching in Higher Education generated by expanding student numbers and the range of courses that now feature an element of Business Law had produced a need to help the non-law specialist develop materials suitable for their particular courses.
This trend continues.
This edition of Case
Studies in Business Law contains 22 new and contemporary case studies which
can be adapted for a variety of uses to include assignments; presentations in
class; and exam questions. The material should be tailored by the tutor to the
demands of the course.
The Suggested Marking Schemes are intended to be an example of a good answer to the case study. They are not 'model answers', for there is rarely a definitive answer to a legal problem.
The opportunity has been taken, where appropriate, to
suggest alternatives and to set out additional material to an extent not
possible under examination conditions, but possible if the material has been
used for an assignment. Obviously, the tutor’s marking scheme will reflect the
conditions under which the task was set.
Students should be encouraged to adopt a 'methodology' for
answering case-studies along the following lines:-
(i) outline the
salient facts briefly;
(ii) analyse the
points of law emerging from the facts;
(iii) explain the arguments
available to the plaintiff;
explain
the arguments available to the defendant;
(iv)
draw conclusions as instructed
(i.e. Advise X…);
This section includes case-studies designed to test the
'essentials' of contract law, i.e.
offer and
acceptance counter
offer
revocation consideration
promissory
estoppel intention
capacity legality
terms of
contract misrepresentation
mistake breach
damages
FORMATION OF A
CONTRACT
1.
AutoLoan -
formation of contract
2.
'Death and Glory' -
offer and acceptance
3.
T.V. Stores -
offer and acceptance
4.
A matter of degree -
intention / consideration
STATEMENTS AND
TERMS OF CONTRACT
5.
The Extension -
conditions and warranties
FACTORS THAT
VITIATE A CONTRACT
6.
Valerie’s Florists -
misrepresentation
7.
Miss Lucy -
duress/undue influence / mistake
BREACH OF
CONTRACT AND REMEDIES
8.
Carla’s Restaurant -
breach / damages
This section builds upon section A and assumes that the
student now has a grasp of the basic principles of contract. These case studies
test the student’s understanding of
STATUTORY implied terms and introduce the notion of statutory control in
contract by way of examining, in part, the
9.
Bumble and Sons -
implied terms as to quality
10.
The Porsche -
title and risk
11.
Tweezer -
goods / delivery / risk
12.
Oscar -
title /sale by non-owner
13.
Breugel The Elder -
misrepresentation / implied terms as to quality and description
14.
Rebel Brewery -
Consumer Protection Act 1987
15.
The Caravan Hitch -
negligence c.f. Consumer Protection Act
16.
Jack’s Finances -
termination of credit agreement / cancellation / s.90 Consumer Credit Act 1974
17.
Tailends Off-licence -
agents' authority
18. Clearsoft plc -
Articles 85+86 Treaty of Rome
19.
Drusilla’s Gallery -
Contract for work and material; Supply of Goods and Services Act 1982;
exclusion clauses; Unfair Contract terms Act 1977; reasonableness; breach;
damages.
20.
Dobson + Sons -
Contract for work and materials; contract for sale of goods; Supply of Goods
and Services Act 1982; Sale of Goods Act 1979; Consumer Protection Act 1987.
21.
The Super Grass-grazer -
Contract for sale of goods; Agency; Sale of Goods Act 1979; exclusion clause;
consumer/non-consumer; Unfair Contract Terms Act 1977.
22.
Badger Builders -
Contract for work and materials; sale of goods; exclusion clause; Supply of Goods
and Services Act 1982;Sale of Goods Act 1979; Unfair Contract Terms Act 1977.
ADVICE TO STUDENTS ON
ANSWERING CASE STUDIES IN LAW
The purpose of case studies
These case studies have been prepared in order to give you the opportunity to demonstrate your understanding of the legal principles involved in various business situations. They are not intended to be problems which require you to produce an absolute and definitive solution. They are more appropriately seen as 'springboards' for your knowledge within a prescribed set of circumstances.
Notes on answering technique
To do well it is necessary to learn the technique of answering problems properly. The following is intended to help you acquire that technique. Your answer should:-
1. Identify the issues raised by the question.
This is very important and gives shape to your answer. It indicates to the examiner that you appreciate what he is asking you about. This is as important as actually answering the questions of law raised by that issue. The issues should be identified in the first paragraph of the answer.
2. Deal with those issues (and only those issues) one by one as they arise in the course of the problem.
NEVER
put in irrelevant material simply to show that you have learned something.
3. If the answer to an issue turns on a provision of a statute, CITE that provision briefly,
(but do not quote at length from any statute you may be permitted
to bring into the examination hall).Having cited the provision, show how it is
relevant to the question.
4. CITE the relevant cases
'Citing cases' does not mean writing down the nature of every case that happens to deal with the general topic with which you are concerned and then detailing all the facts you can think of ! You should cite only the most relevant cases - there may perhaps only be one. No more facts should be stated than are absolutely essential to establish the relevance of the case. If there is a relevant case, but you cannot remember its name, it is sufficient to refer to it as 'one' decided case rather than fail to mention it at all.
5. Summarise your conclusions in such a way that you answer the question
A question will often say at the end simply 'Advise A', or B, or C, etc. The advice will usually turn on the individual answer to a number of issues. The final paragraph should pull those individual answers together and actually give the advice required. For example, it may begin something like: 'My advice to A is that ...'
6. Please note
The case studies in this Manual are based on real situations, but the names and other material facts have been altered to preserve anonymity. We have tried to avoid using any real company or individual names. If there is a similarity, this is accidental. Although care has been taken to ensure that points of law are covered, this material is intended to offer guidance only for the purposes of teaching and training. If you wish to use the material to support a real legal situation, you are advised to consult a professional legal practitioner.
Please choose a topic to test with your students.
Email, telephone, fax or write to us, we will post you the material to try.
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Jacqueline Wieczorek email - elm@elm-training.co.uk 8th February
2007