Assignment front sheet Higher National Diploma(Business)

Unit no. & Title: Unit 27 FURTHER ASPECTS OF CONTRACT & TORT
Assignment no. & Title: Assignment 1- Vitiating factors and discharge of a contract
Learners name:

Assessors name:

Date issued:

Due date:

Submitted on:

Assessment Criteria:
OUTCOME

Grading criteria

Learning Outcome : LO1:

LO1 Be able to apply the vitiating factors that could impact on an otherwise
legally binding contract

Pass

P1.1: explain the legal concepts of misrepresentation and mistake duress, undue
influence and illegality
P1.2 apply the different vitiating factors in given business scenarios
P1.3 apply appropriate remedies to contracts which have been the subject of
vitiating factors

Learning Outcome : LO 2:
Pass

LO2 Be able to apply the law of discharge of contract

P2.1: Examine the legal consequences of discharge
P2.2:apply appropriate remedies to contracts which have been discharged by
breach

Merit: Identify and apply strategies to

find appropriate solution

M1: relevant theories and techniques have been applied

Distinction: use critical reflection to

evaluate own work and justify valid
conclusion

D1: Give out effective solution to case

NB: FOR DETAILED FEEDBACK PLEASE REFER TO SCRIPT ANNOTATION

Learner declaration
I declare that all the work submitted for this assignment is my own work or, in the case of group Work, the
work of myself and the other members of the group in which I worked, and that no part of it has been
copied from any source.
I understand that if any part of the work submitted for this assignment is found to be plagiarised, none of
the work submitted will be allowed to count towards the assessment of the assignment.

Signed:

Date:

Assignment Feedback sheet Higher National Diploma

GRADING
CRITERI
A
P1.1

FEEDBACK

ASSESSORS
DECISION

P1.2

P1.3
P2.1

P2.2

M1

D1

Assessors Signature

Internal Verifiers Signature

INTERNAL
VERIFIERS
DECISION

BTEC Higher National Diploma (Business)

UNIT NO. & TITLE

UNIT 27 FURTHER ASPECTS OF CONTRACT &

TORT

ASSIGNMENT NUMBER

ASSIGNMENT TITLE

Vitiating factors and discharge of a contract

ASSIGNMENT BRIEF
What you will learn in this In completing this assignment, you will understand the law
assignment
of contract to include vitiating factors and discharge,
including breach, and remedies..
Assignment objectives

In this assignment you will need to show that you:

Be able to apply the vitiating factors that could impact on
an otherwise legally binding contract & be able to apply the
law of discharge of contract

What you will do in this Be able to apply the vitiating factors that could impact on
assignment
an otherwise legally binding contract & be able to apply the
law of discharge of contract

ASSESSMENT TASK/ DESCRIPTION:

Scenario 1:
Tech Ltd, a Singapore listed company selling computers and other IT products, had
established its own website to offer for sale various products over the Internet. One of the
products offered was a model of a branded laser printer (the laser printer), which
normally retailed at S$3,800. However, due to an error committed by an employee of Tech
Ltd, the price of the printer was altered to S$388 on the website. John was the owner of a
shop that sold IT peripherals, including a few sets of the said laser printer. He came to
know of the laser printers extraordinarily low price offered by Tech Ltd and placed orders

through the Internet for 4,000 sets of the laser printer. The transaction online took place in
the following manner: every time an order was placed by a buyer after filling up the
requisite form, which included the furnishing of a valid credit card account, it would be
followed by an automated reply from Tech Ltd that the transaction was successful. Sally, a
college student, had always wanted to buy herself a laser printer. She saw Tech Ltds
website and thought that the price of S$388 was very reasonable. She also placed an order
for one set of the laser printer through the same manner as described above. Tech Ltd
subsequently discovered the error and refused to honour the orders.
Task 1
A contract may be vitiated by misrepresentation.
What similarities and differences are there between fraudulent misrepresentation and negligent
misrepresentation?
Explain how duress and undue influence can affect the validity of a contract.
Task 1addresses P1.1
Task 2
Explain whether the mode of the online transaction described in the case constitutes a valid
contract between the parties. To achieve Merit -State whether Tech Ltd can successfully defend
its case against: John and Sally
Task 2addresses P1.2
Task 3
Apply appropriate remedies to contracts which have been the subject of vitiating factors
Task 3addresses P1.3
Scenario 2
Yang lives in a rented flat. One day, while he was not at home, a water pipe in the
bathroom burst and by the time he got home, the flat had been flooded. As a result, most of
the furnishings and electrical appliances which were situated on the floor were damaged. In
addition, many of Yangs paintings which he had stored on the floor in the bedroom were
damaged. Unknown to his landlord, Yang is an artist who works from home. The rental
agreement contained a clause that required the landlord in every way to keep the rented
premises in good repair. Yang is extremely upset because he had complained to the
landlord on previous occasions about the leak in the water pipe due to a crack in the pipe,
but the landlord had refused to do anything about it. Yang wants to claim compensation for
his losses and end his tenancy with immediate effect (although his rental agreement is valid
for another 16 months)
Task 4
Advise Yang on his legal rights and remedies in contract.
Task 4 addresses on P2.2

Task 5
In relation to the Contract Law of UK:
(a) Explain the term dissolution of contract (rescission of contract).
(b) State FOUR conditions under which a contract may be dissolved. Good analysis and case
support (real cases) Cases will be expected to be provided at this level for Distinction

Task 5 focusses on P2.1

ASSESSMENT CRITERIA
OUTCOME

Grading criteria

Learning
Outcome 1:

1.1 explain the legal concepts of misrepresentation,

mistake, duress, undue influence and illegality

Be able to apply
the
vitiating
factors
that
could impact on
an
otherwise
legally
binding
contract

1.2 apply the different vitiating factors in given

business scenarios

&

2.2 apply appropriate remedies to contracts which

have been discharged by breach

LO 2: Be able to
apply the law of
discharge
of
contract
Merit (M1)

1.3 apply appropriate remedies to contracts which

have been the subject of vitiating factors
2.1 explain the legal consequences of discharge of
contract

In addition to PASS criteria if the student:

State whether Tech Ltd can successfully defend its
case against: John and Sally
He/she will be awarded a MERIT grade

Distinction (D1)

In addition to MERIT criteria if the student:

-

Good analysis and case support (real cases)

Cases will be expected to be provided at this

level for Distinction

He/she will be awarded a DISTINCTION grade
Learning Outcomes achieved in this assignment
The LO achieved in the assignment have to be stated at the end of
the assignment and the assignment should clearly show evidence
that they have been achieved: e.g.
Learning
Outcome 1:

1.1 explain the legal concepts of misrepresentation,

mistake, duress, undue influence and illegality

Be able to apply
the
vitiating
factors that could
impact
on
an
otherwise legally
binding contract

1.2 apply the different vitiating factors in given

business scenarios

&

1.3 apply appropriate remedies to contracts which

have been the subject of vitiating factors
2.1 explain the legal consequences of discharge of
contract

2.2 apply appropriate remedies to contracts which

LO 2: Be able to
have been discharged by breach
apply the law of
discharge
of
contract
UNDER NO CIRCUMSTANCES ARE YOU TO CONTACT COMPANIES IN YOUR
CHOSEN INDUSTRY FOR INFORMATION
Additional Notes
The work submitted must be original. You must acknowledge the sources
of your information using the Harvard referencing style.
This assignment is to be done on an INDIVIDUAL basis. (They are not
GROUP assignments).
The assignment must be typed, and well presented, it must be written in
report format/style. You may, however, incorporate graphs, tables,
diagrams and figures into the body of the report if you wish. (If lengthy,
materials of this kind may be attached as appendices).
You must include a bibliography as per Harvard style. This should be on a
separate page.