23 May WHAT TYPES OF DAMAGE OR LOSS CAN BE CLAIMED FOR
Assessment 2 – in-course essay
Introduction – answer both questions and ensure your submission is word-processed using ‘Arial’ 12pt font and with the lines double spaced.
Question 1
Peter wanted to sell his Rolls Royce so he placed the following advertisement in the local paper.
Offered for sale – 1985 Rolls Royce for sale. Classic cream, leather seats, excellent condition. For further details. Including the price please contact peter@hotmail.com.
On Monday, Laura contacts Peter and gets all the details of the Rolls Royce from him. She telephones Peter, and leaves a message on his answering machine, offering to buy the Rolls Royce for £20,000. Peter left a message with Laura’s flatmate, saying he would think about it. After thinking about her offer, Peter returned the call to accept it, but Laura’s answering machine was broken and she did not receive the message.
The next day, Laura called Peter back, to find out if he had reached a decision on her offer. She is surprised to hear that Peter called to accept her offer last night, and explains that the answering machine is broken and she didn’t get the message. Peter confirms that he is happy to accept her offer, provided she pays by internet banking.
Laura is pleased to hear that Peter is happy to accept her offer but she tells Peter that as there is such a large sum of money involved she wants him to send her a written confirmation of his acceptance. She tells him that if she gets his letter of acceptance by Thursday 11am, she will go ahead with the purchase of his Rolls Royce for £20,000. Peter says he will write the letter of acceptance that evening, after he gets back from work, and send it out to her on Wednesday morning.
David, having seen the advertisement, went to Peter’s room, but because he was not in, he left a cheque and letter saying, “Here is my cheque for £20,000. If I hear nothing further from you, I shall assume the Rolls Royce is mine.” Because Peter wanted payment made by internet banking, he destroyed the cheque, which he saw once he got back from work.
He then wrote his letter of acceptance to Laura, which he posted at 8.00am on Wednesday morning. Laura received his letter of acceptance at 10.am on Thursday morning.
However, at 9am on Wednesday morning, Peter receives an email from Jeremy, offering to buy his Rolls Royce for £25,000. Peter immediately accepts Jeremy’s offer. He then writes another letter to Laura, withdrawing his acceptance to her offer. He posts the letter to her at 2pm on Wednesday and she receives it at 9.30 on Thursday morning.
TASK
Fully explain how the rules of contract apply to each of the events described above. In your essay for this question, make sure that you cover all of the legal issues involved and include the relevant legal authorities, such as cases.
When you state a legal principle make sure you justify the point you made by referring to the case or cases that established that principle. You should then outline the facts of the case you are referring to and explain what was held in that particular case, and then apply what was held to the problem question under discussion. MAXIMUM – 900 WORDS; 60% WEIGHTING
QUESTION 2
For your second essay, you must explain the different elements that make up the Tort of Negligence. Specifically, you should explain the basic principles that apply to:
i. Duty of care
ii. Breach of duty
iii. What types of damage or loss can be claimed for
iv. What happens if the damage is too remote
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