1. In relation to the English Legal System: a) What is the doctrine of binding precedent? (5 marks)
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LWO2999 Coursework Questions
- In relation to the English Legal System:
a) What is the doctrine of binding precedent? (5 marks)
b) Explain which courts deal with the civil and criminal law (5 marks)
c) Among the three rules- literal rule, golden rule and mischief rule- which do you consider is most helpful in guiding judges when interpreting Acts of Parliament, and why? (10 marks)
- In relation to the Law of Contract:
a) What is the difference between an offer and invitation to treat? (4 marks)
b) What is a counter offer? (3 marks)
c) The difference between a unilateral and bilateral contract (4 marks)
- Katie and Jonny are waiters in The Leaf Restaurant in Hendon. On Tuesday morning, Katie called in ill and the manager, Ken, asked Jonny to work on his own for the rest of the week. Since Ken’s niece would be having a party in the restaurant on Thursday, Ken promised Jonny extra wages. Ken was very anxious that his niece’s party should go ahead. Jonny worked really hard and the party took place without incident. Ken is now refusing to pay the extra wages, claiming that covering Katie’s work was part and parcel of Jonny’s workload anyway.
Advise Jonny. (10 marks)
4. In relation to remedies for breach of contract, explain:
(a) what anticipatory breach of contract means, and the remedies available to a victim of an anticipatory breach of contract (5 marks)
(b) how the courts decide if loss caused by a breach of contract is too remote (10 marks)
5. In relation to Employment Law, answer the following questions, citing relevant case law and legislation where appropriate:
a) Jane has worked in the local supermarket for three years. She recently discovered she was pregnant and that the baby is due in six months’ time. She tells Harry, the manager. Harry says that working in a supermarket is not a job for pregnant women and dismisses her. Advise Jane as to whether she is able to claim in relation to her dismissal (6 marks)
(b) Calvin is a designer working for a fashion house. He has worked there for one year. He does not like his employer Donna, who has constantly picked on him. When she arrived at work last week, she found that £100 was missing from the petty cash box. She immediately blamed Calvin and humiliated him in front of the other employees. Calvin has decided to resign because he can no longer tolerate her behaviour. Advise Calvin as to his rights under employment law (6 marks)
(c) Peter has worked for two years as a waiter in a restaurant. There was an altercation between him and a customer last week. When Peter arrived for work yesterday, he was told by the manager that he was dismissed with immediate effect. Peter is very upset because he has, so far, been an exemplary employee, and he argued that it was the customer who started the altercation. However, the manager told him that the decision to dismiss cannot be challenged. No investigation of the incident had been carried out before Peter was dismissed. Advise Peter (8 marks)
- Emily decides to have lunch in a cafeteria run by Steve and Marge. She orders a tuna sandwich and a cup of tea. She is served by Marge, who fills the teapot from the new tea urn. The urn was installed by carelessly by Steve earlier in the day. Steve had wired the urn incorrectly, as he did not read the installation instructions. This created a power surge, which caused water to gush from the urn, covering Emily with scalding hot water, causing her to suffer from serious burns. The butter used to prepare the sandwich caused Emily a severe allergic reaction, and as a result, she could not go to work for 3 days. This was a peculiar reaction to the brand of butter which was used. No other customer had reported similar reactions to the butter.
Advise Emily as to her remedies under the law of negligence (15 marks)
- Give three alternatives to litigation in the courts available to disputants and describe their character (5 marks)
What are the advantages and disadvantages of these alternative methods of dispute resolution compared to litigation in the courts? (5 marks)