Question 1

After seeing an advert on a catalogue, Haws Contractors sent a cheque to BKS Supplies to cover for the cost of 5 pieces of ‘Haw Medway 2 sidelight pre-hung Upvc door, right hand hung’ sets at £650 each and 3 pieces of ‘Haw Medway 1 sidelight pre-hung Upvc door, left hand hung’ sets at £500 each. One week later, BKS Supplies returns the cheque to Haws Construction with a letter, stating that the products are unavailable but can be supplied next month at an additional cost of £50 each, as the cost of the products have increased. Haws Construction is not happy about this, arguing that BKS Supplies is legally obliged to supply the product at the initial cost, as a contract has been formed.

Tasks:

 Critically analyze the scenario including clearly highlighting the key elements of a contract.

 Advise Haws Construction on their legal position including whether there was a contract. This must be justified in detail.

 Haw Construction will also like you to use an example to briefly explain Privity of Contract to them as they seem to be having a misunderstanding about this in another project.

Guidelines;

 The word limit is approximately 1800 words.

 This piece of work should be presented in an essay format. It should have an introduction, main body and conclusion.

The introduction should provide the background of the work, define any terminologies that will be used, among many, tell the readers what the work will do and outline how the work will be presented.

The body of the essay: this is the main part of the essay. It should present balanced arguments which should centre on legal issues in the construction and property sector. However, you can use previous cases from other sectors but they must be relevant and current. Again, your arguments should be logical and supported with case laws where possible. The suggested reading of the module can suggest or show reasoned opinions that may be helpful.

The conclusion: This will start with a reminder of what you have done. You are to cover the key points in the work but bring them together. Here, the readers expect to see, at least, predicted main judgments or verdicts outcomes of the legalities applied to the scenarios. This should be supported by the logical arguments presented in the main text.

 The paragraph should be logical and not overburdened.

 The work needs to be in your own words. Cutting and pasting of text more than one sentence is not allowed. Significant similarity index in Turnitin will attract a penalty.

 There should be headings and subheadings (where applicable) which should be reflective of the content that follow. For example, the heading ‘main body’ tell the readers nothing.

 Citations (references) in the main text and the list of references presented at the end of the report must be in line with the Harvard Referencing System. Do not cite lectures, lecture notes or slide etc.

 Communication must be clear, effective and error-free throughout the report. The following points should also be used as further guidance:

1) Direct speech including writing in the first, second person (e.g. I, we, you etc.) is inappropriate for academic reports and must be strictly avoided.

2) Short and clear sentences must be preferred in order to avoid slipping into note form. 3) All abbreviations must be explained.

 It is expected that you will conduct further research and reading to enable you adequately interpret the laws and apply (where applicable) the relevant cases. You need to be careful when using search engines to trawl the internet as it can be misleading. You will be penalised for using unauthorised website, including those from abroad. One of the ways of improving the trust worthiness of the work is by using the recommended and core text on the module descriptor. The list is not extensive.

 

Law: Contract

Richards, P. (2017). Law of contract / Paul Richards, former head of the School of Law, University of Huddersfield. (Thirteenth edition.). Harlow, England :: Pearson,.

Stone, R. (2017). The modern law of contract. (Twelfth edition /; J. Devenney, Ed.). London :: Routledge,.

Peel, E. (2015). Treitel on the Law of Contract. (14th ed.). London: Sweet & Maxwell Ltd.

Chen-Wishart, M. (2018). Contract law / Mindy Chen-Wishart. (Sixth edition.). Oxford :: Oxford University Press,.

McKendrick, E. (2018). Contract law : text, cases, and materials / Ewan McKendrick. (Eighth edition.). Oxford :: Oxford University Press,.

Brownsword, R. (2015). Smith and Thomas : a casebook on contract / by Professor Roger Brownsword. (Thirteenth edition.; J. C. Smith & J. A. C. Thomas, Eds.). London :: Sweet & Maxwell / Thomson Reuters,.

Richbell, D. (2008b). Mediation of construction disputes [electronic resource] / David Richbell. Oxford ;: Blackwell Pub.

Galbraith, A., Stockdale, M., & Galbraith, A. (Eds.). (2011). Galbraith’s building and land management law for students / Michael Stockdale … [et al.]. (6th ed.). Oxford :: Butterworth-Heinemann.

Stockdale, M. (2011). Galbraith’s building and land management law for students [electronic resource] / Michael Stockdale … [et al.]. (6th ed.; M. Stockdale, Ed.). Oxford :: Butterworth-Heinemann.

Hampshire :: Palgrave Macmillan,.

Klee, L. (2018a). International construction contract law / by Lukas Klee, Advisor, Lecturer, Arbitrator, Adjudicator and Expert Witness, Owner at Klee Consulting. (2nd edition.). Hoboken :: Wiley,.

Klee, L. (2018b). International construction contract law / Lukas Klee, Advisor, Lecturer, Arbitrator, Adjudicator and Expert Witness, Owner at Klee Consulting. (Second editon.). Hoboken, NJ :: Wiley Blaclwell,.

Hughes, W. (2015a). Construction contracts : law and management / (5th ed.; R. Champion & J. Murdoch, Eds.). London, [England] ;: Routledge