2 Assignment HND Bus Strategy Development Update V02

INSTITUT JATI BTEC EDEXCEL HIGHER NATIONAL DIPLOMA IN BUSINESS AND FINANCE

BTEC Unit No: 5 Assignment ref. no.: CL010309Assessor: Selvavishnu Internally Verifier: MS. NG SIEW FENGChief Internally Verifier: MS. NG SIEW FENG

Programme: BTEC Higher National Diploma (HND) in Business (H2)Unit Number and Title: Unit 5, Common Law 1Assignment Ref. Number: CL03-10Module Tutor: SelvavishnuEmail: [email protected] Set: 18 March 2010

Learner's Name:………………… Learner's ID…………………. Date handed-in….:………………

Plagiarism StatementI declare that, apart from properly referenced quotations, this report is my own work and contains no plagiarism; it has not been submitted previously for any other assessed unit on this or other courses.

Learner's Signature:………………………………… Date:……………………………………………

Learning outcomes and criteria covered by this assignment

LO1 [5.1]: Understand the essential elements of a valid and legally binding contract and its role in a business context

LO2 [5.2]: Explore the significance of specific terms in a business contract

P1: [5.1.01]: Explain the different types of business agreement and the importance of the key elements required for the formation of

a valid contract

P2: [5.1.02]: Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology

P3: [5.1.03]: Assess the importance of the rules of intention and consideration of the parties to the agreement P4: [5.1.04]: Explain the importance of the contracting parties having the appropriate legal capacity to enter into a binding agreement

P5 [5.2.01]: Analyse specific contract terms with reference to their importance and impact if these terms are broken

P6 [5.2.02]: Apply and analyse the law on standard form contracts.

P7 [5.2.03]: Discuss the effect of exemption clauses in attempting to exclude contractual liability

Unit 5: Common Law 1 Assignment March 2009 Jatil college1



M1 [5.1]: Identify and apply strategies to find appropriate solutionsM2 [5.2]: Select/design and apply appropriate methods/techniquesM3 [5.2]: Present and communicate appropriate findingsD1 [5.1]: Use critical reflection to evaluate own work and justify valid conclusionD2 [5.2]: Take responsibility for managing and organizing activitiesD3 [5.2]: Demonstrate convergent/lateral/creative thinking

Programme: BTEC Higher National Diploma (HND) in Business (H2)Unit Number and Title: Unit 7, Business Strategy Assignment Ref. Number: 7.1.1-London 2012 Olympic Games-A threat or OpportunityModule Tutor: Aliar Hossain (BSc, MIBA, Dip in SD, MIBC, Cert in Leadership)Email: [email protected]

Distribution date: 18 March 2009Submission date: 02 June 2009

The aims of this assignment are to: provide students with a knowledge and understanding of the principles of the

law of contract, in relation to the running of a professional practice/business; and to develop an ability to analyse

legal issues and to apply these principles to their solution.

The intention is to help you to understand the legal issues related with drafting a contract, interpreting terms in a

ontract and examine the validity of an exclusion clause. This involves understanding and demonstrating relevant

aspect of Law of Contract and ability to explain clearly and accurately the principles of Law of Contract.

Unit 5: Common Law 1 Assignment March 2009 Jatil college

LEARNER'S BRIEF

2

Introduction



Ali is an antique dealer and one Saturday in November 2009 he put a vase in the window of his shop with a sign which stated ‘exceptional piece of 19th century pottery – on offer for £500’.

Ben happened to notice the vase as he walked past the shop and thought he would like to have it. Unfortunately, as he was late for an important meeting, he could not go into the shop to buy it, but as soon as his meeting was finished he wrote to Ali agreeing to buy the vase for the stated price of £500. The letter was posted at 11:30 am.

Later on the same day, Chet visited Ali’s shop and said he would like the vase but was only willing to pay £400 for it. Ali replied that he would accept £450 for the vase, but Chet insisted that he was only willing to pay £400 and left the shop. However, on his journey home Chet realised that £450 was actually a very good price for the vase and he immediately wrote to Ali agreeing to buy it for that price. His letter was posted at 12:30 pm.

Just before closing time at 5 pm. Diana came into Ali’s shop and she also offered £400 for the vase. This time Ali agreed to sell the vase at that price and Diana promised to return the following Monday with the money.

On Monday morning Ali received both of the letters from Ben and Chet before Diana could arrive to pay and collect the vase.

Required:a) In relation to the law of contract, explain the legal significance of :

i. Distinguish an offer and an invitation to treatii. Past consideration

iii. Different types of business agreement

b) In relation to law of contract, Advise Ali as to his legal relation with Ben, Chet and Diana


Assingment



TASK 2Mrs Cobbing takes her expensive evening gown to the shop of Williment Dry Cleaning Ltd to be cleaned. Inside the shop is a notice which states ‘customers are advised that compensation for loss or damage to garments is limited to a maximum of RM10 per item’.

Mrs. Cobbing queries this notice with manager who assures her that she will get adequate compensation for any loss or damage incurred. Mrs Cobbing leaves her gown with Williment Dry Cleaning Ltd who lose the gown. Mrs Cobbing receives a cheque for RM5 but dry-cleaners refuse to consider any further claim.

Required:a) Prepare a report to Mrs Cobbing, discussing the importance and validity of an exclusion clause

b) Draft a valid Exclusion Clause for Willlment Dry Cleaning Ltd

Requirement 1.0

Succinct outline of an offer, an invitation to treat, past considerationt. [P1] Some literature analysis/ compare and contrast scenarios. [P3]Present and communicate appropriate findings. [M3]Discuss critically, how does an offer and an invitation to treat effect an agreement . [P4]Discuss its impact of Exclusion Clause on the business . [P5]Discuss the impact of technology on contract. [P2]

Requirement 2.0

What do we mean by Exclusion Clause. And how does it effect the business[P7]Some theoretical analysis with framework such as application of U.C.T.A. . [P6]Coherent discussion/ development of ideas. [P3]Use critical reflection to evaluate your research and justify valid conclusion. [D1]

Requirement 3.0Identify key issues effecting parties in task 1 . [M1]Demonstrate accurate knowledge and application of appropriate legal principles, case studies and overall presentation. [M2]Discuss the responsibilities for key business people and policy maker to manage and organise activities. [D2] Demonstrate the ability to assemble, select and evaluate evidence to sustain structured arguementconvergent/lateral/creative thinking. [D3]


Specification of Assessment



Requirement to pass:

A pass grade is achieved by meeting all the requirements defined in the assessment criteria for each individual unit

Achievement of a merit or distinction grade

All the assessment criteria and merit grade descriptors need to be completed within a unit to achieve a merit grade.

All the assessment criteria merit and distinction grade descriptors must be completed within a unit to achieve a Distinction grade.

Article I. Plagiarism and Collusion

Any act of plagiarism and collusion will be seriously dealt with according to the regulations. In this context the definition and scope of plagiarism are presented below: “Using the work of others without acknowledging source of information or inspiration. Even if the words are changed or sentences are put in different order, the result is still plagiarism”. (Cortell 2003)Collusion describes as the submission of work produced in collaboration for an assignment based on the assessment of individual work. When one person shares his/her work with others who submit part or all of it as their own work.

Article II. Extension and Late Submission

If you need an extension for a valid reason, you must request one using a coursework extension request form available from the college. Please note that the lecturers do not have the authority to extend the coursework deadlines and therefore do not ask them to award a coursework extension.

The completed form must be accompanied by evidence such as a medical certificate in the event of you being sick.

Information/feedback on assessment and grading criteria




Assessment criteria (Pass-P) Achieved Evidence Feedback

P1:Succinct outline of an offer, an invitation to treat, past consideration

Yes/No Report

P2: Discuss the impact of Technology on contract

Yes/No Report

P3: Coherent discussion/ development of ideas

Yes/No Report

P4: Discuss critically, how does an offer and an invitation to treat affect an agreement

Yes/No Report

P5: Discuss the impact of an exclusion clause.

Yes/No Report

P6: Some theoretical analysis with framework such the application of U.C.T.A

Yes/No Report

P7: What do we mean by an Exclusion clause.and the effect on business

Yes/No Report

Grading criteria (Merit-M; Destination-D)

Achieved Evidence Feedback

M1: Identify key issues affecting the parties in case study

Yes/No Report

M2: Demonstrate accurate knowledge and application of appropriate legal principles case laws,

Yes/No Report

M3: Present and communicate appropriate findings

Yes/No Report

D1: Use critical reflection to evaluate own work and justify valid conclusion

Yes/No Report

D2: Discuss the responsibilities for key business people and policy maker to manage and organise activities

Yes/No Report

D3: Demonstrate the ability to assemble, select and evaluate evidence to sustain structured arguments with convergent/lateral/creative thinking.

Yes/No Report





Assessor’s general comments:

Assessor’s Signature Date:

Print Name:

Learner’s comments:

Signature Date:

Print Name:

2 Assignment HND Bus Strategy Development Update V02

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