Law of Contract 2 | My Assignment Tutor

Roehampton Law SchoolUndergraduate Degree Assessment for students registered with theUniversity of RoehamptonModule code: LLB020N203AModule title: Law of Contract 2Module convener: Dr. Sandy UrquhartFHEQ Level: 5Assessment release date: 12th October 2020Type of assessment: In-Course AssessmentInstructions to candidatesNumber of pages and documentsThis document, comprising 4 pages, including this page sets out your instructions forthe assessment referred to above.Submission instructions Deadline for written submissionMethod of submission2.00pm on Monday 14th December2020Turnitin on the Law of Contract 2 Moodlepage. SU-llb020n203-law of contract 2-ica2020-21Assessment TaskYou are required to complete the task set out on page 4 of these instructions.Guidance1. You are required to prepare the advice for Tony v Julian and submit your advice onMoodle Turnitin.2. This assessment is worth 50% of your Law of Contract 2 module.3. Reference the sources you rely on using the OSCOLA referencing convention.4. You will be marked down if you refer to non-legal or non-academic sources in yoursubmission. Examples of:a. Appropriate sources include law text books available in the library and law journalarticles from Westlaw and Lexis Library; andb. Inappropriate sources include social media websites.5. Poor essay structure, composition or grammar will affect the quality of submissionand may even undermine the examiner’s ability to comprehend your analysis.Therefore, you should proof read your essay before you submit it for marking.Format of your submission Include a title page with your submission. The title page must list the following: Module code Module title Module tutor Coursework title Number of pages submitted The word count.Do not include your name or your student ID number Word limit: maximum 2,000 words (excluding footnotes and bibliography)You may exceed this word limit by 10%, that is by an extra 150 wordsmaking a total of no more than 2,200 words. If you exceed this upper limitthen your mark will be reduced by 5 percentage points.Footnotes must only be used to provide citations for authorities and forreferencing texts and articles. Text included in footnotes in breach of thisrestriction will be added to the overall word count for the purposes ofdetermining whether the upper limit of 2,200 words has been broken. Font: Arial, text size 12, line spacing 1.5 Each page should be numbered. Referencing is required. You are required to use OSCOLA style citation forconsistency.Assessment criteria21. Before you begin you should read the grading criteria that will be used to gradeyour assessment. The criteria may be downloaded from the Law ProgrammeMoodle page. The relevant document is listed under the heading ‘Assessment &Feedback Information’.2. You should also read the Law School guide to submission which can also bedownloaded from the Law Programme Moodle page. It has been prepared in anendeavour to make marking more transparent. It may also help you organise yourthoughts as you work and sense check the content of your paper before yousubmit it to be marked.3. The relative weighting of available marks between the three criteria are: CriterionTotalCriterion 1: Structure25%Criterion 2: Content and synthesis55%Criterion 3: Presentation20%Total:_____100%===== 3Tony v JulianJulian was the owner of a small advertising agency, ‘JCS’, with offices in Soho andan enviable list of clients. Still, even though the agency was well known and had twoexcellent creative teams, Julian was a poor businessman and JCS was not doingwell financially. He decided, therefore, to sell the agency and let it be known inadvertising circles that he was looking for a buyer.Julian started discussing the sale with five different possible buyers, one of whomwas his godson, Tony. Early in the negotiations, he explained that in recent years theturnover had been around £10 million per year and the net profit was £1million peryear. He also stated that he had decided to move to San Francisco and wouldtherefore hand over all his existing clients to whoever bought the business.Eventually, after Julian had spent several months on exhausting negotiations, onlyTony and one other possible purchaser remained interested in pursuing the matter.Julian rang Tony and told him that although he had decided on no account to sell thebusiness for less than £4 million, he would make a special deal for him as he was hisgodson and he could have it for £3 million if he made up his mind in two days –otherwise it would be £4 million. Tony was both pleased and flustered at having todecide so quickly and, as it was a weekend, and he could, therefore, have no accessto professional advice. He thought it was too good a chance to miss, however, andrang Julian on the Sunday night to accept his offer to buy at the agreed price. Theylater signed a formal contract which described the premises and the business, gavethe price as £3 million, and included the following clause:“Clause 14 Entire AgreementThe parties agree that these terms and conditions (together with any otherterms and conditions expressly incorporated in the Contract) represent theentire agreement between the parties relating to the sale and purchase ofJCS and that no statement or representations made by either party have beenrelied upon by the other in agreeing to enter into the Contract.”Julian offered to show Tony the accounts but Tony, thinking it would be tooembarrassing to give the impression that he did not trust his godfather, declined. Thesale was completed and Tony was very pleased to have his own business, at last.Very soon, however, it became clear that the annual turnover was going to be farless than £10 million and that he would be likely to make a net profit of around£400,000 per year, at the most. To make matters worse, after six months, Julianopened another agency on the other side of Soho and his old clients gradually leftTony for Julian.In desperation, Tony had to sell the business and could get no more than £900,000.He can demonstrate, however, that if he had bought for a similar sum anotheragency in the area, instead of JCS, he would have made a net profit of around£800,000 per annum.1. Evaluate the cause of actions that might be available to Tony.2. Advise Tony of the likelihood of his success.4


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