In relation to Alternative Dispute Resolution (a)

In relation to Alternative Dispute Resolution (a) Outline the advantages of tribunals over the court system (5 marks)

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In this paper, you have to answer different questions related to Law and explain the following features:

• The working process of the system of judicial precedent
• The main levels of the courts
• The pros of system of judicial precedent
• Counteroffer, Unilateral contract, Bilateral contract
• Concept of anticipatory breach of contract and its remedies a party faced with anticipatory breach
• Compare and contrast wrongful and unfair dismissal
• The benefits of tribunals over the court system
• Differentiate between arbitration and conciliation

Instructions 

LWO2999 Coursework Questions

Questions

1. In relation to the English legal system:

(a) Describe how the system of judicial precedent operates (5 marks)

(b) Under civil law, what are the main levels of the courts, for the purposes of precedent? (5 marks)

(c) What are the advantages of the system of judicial precedent? (5 marks)

2. In relation to the law of contract, explain the following:

(a) Counteroffer (4 marks)

(b) Unilateral contract (3 marks)

(c) Bilateral contract (3 marks)

3. John and Mary work together running an office. John falls ill and their employer Ted promises Mary that if she works John’s shifts, she would be paid John’s wages for those shifts. Ted was anxious that business should run as normal because the Mayor of London was visiting the office in the next few days and there was a good chance that he might offer Ted a post as manager in his constituency office if he saw that Ted was a good manager. Mary works John’s shifts but Ted did not get the job. Mary claims the money but Ted refuses to pay on the grounds that it was Mary’s contractual duty to run the cafe anyway.

Advise Mary (15 marks).

4. In relation to remedies for breach of contract, explain:

(a) the meaning of anticipatory breach of contract, and the remedies available to a party faced with anticipatory breach (5 marks)

(b) the rules which guide the court in deciding if losses caused by a breach of contract are too remote (10 marks)

1. In relation to Employment Law, discuss the following:

a)      What is the difference between wrongful and unfair dismissal? (5 marks)

b)      Which of the following amounts to unfair dismissal, and why?

i)                    Simba is dismissed because his employer’s business is shutting down (3 marks)

ii)                  Simba is dismissed because he was convicted of drinking and driving (Charlie works as a courier for a company) (3 marks)

iii)                Simba is dismissed because he has been caught swearing at customers (3 marks)

iv)                Simba is dismissed because he has taken up union duties (3 marks)

v)                  Simba is dismissed because he has contracted a long term illness and will be unable to come to work for a protracted period (3 marks)

6. Kate buys sandwiches for lunch from the local newsagent. The sandwiches were made by a local company, M Limited, which supplies to many local shops. Kate falls ill after eating the sandwiches. A former employee of M Limited had poisoned the entire batch of sandwiches, in an act of anger following his dismissal, but the food safety procedures at M Limited failed to detect the contamination. Kate had to be hospitalised and missed many days of work.

Advise Kate as to her rights under the law of negligence. (10 marks)

7. In relation to Alternative Dispute Resolution

(a) Outline the advantages of tribunals over the court system (5 marks)

(b) Explain and distinguish arbitration and conciliation (10 marks)