Exemption Clause - Who is Liable. Commercial and Consumer Law
- Status Lukket
- Budget £250 - £750 GBP
- Samlet antal bud 17
Commercial & Consumer Law
Last month, A Ltd supplied five thousand crates of frozen beef burgers to B Ltd at a cost of £500,000. The contract specified that the burgers were to be ‘Grade A’ and of ‘Scottish origin’. On delivery at the Port of Liverpool, B Ltd discovered that the burgers were made from Grade A horse meat, sourced from Romania. As a consequence, B Ltd spent £750,000 on finding replacement Scottish reared, beef meat, in order to complete a contract with C Ltd, a UK supplier of ‘Scottish’ burgers to British supermarkets. The horsemeat burgers have been sold to a local dog food manufacturer for £100,000.
In response to B Ltd’s claim for a refund and damages, A Ltd is insisting that it is not liable for any such claims on the basis that (i) there is no breach of contract and (ii) A Ltd can rely on the following exemption clause contained in the contract between A Ltd and B Ltd: “A Ltd accepts no liability for breach of any term of the contract, express or implied.”
Advise B Ltd as to its legal position.
Word limit 2000 words
Deadline Week 9: Monday 20 March 2017
Warning Plagiarised, unattributed or non-independent work will be zero-marked
Word limit: 2000 words (footnotes which are confined to case citations or references ARE NOT part of the word limit; footnotes containing text to avoid the word limit will be disregarded by the marker)*
* Footnotes are to be used for stating references only, ie to CITE a reference in support of a point, comment, etc contained in the main text. These are NOT part of the word limit and will be marked. Any use of footnotes to avoid the word limit by including within the text of the footnote argument or comment which should appear in the main body of the work will be disregarded by the marker. A bibliography is required but is excluded from the word limit.
By the end of the coursework, students should have been able to demonstrate:
• An understanding of implied terms, remedies and exemption clauses in a sale of goods contract;
• An ability to produce written material in a relevant, concise manner, using accepted legal principles, supported by proper legal references
Work is marked as a whole, taking into account the assessment and grading criteria, in accordance with the following:
Clear introduction of issues
Logical sequencing of points
Accurate identification of issues
Evidence of research
Application of legal principles
Use of authority
Clarity of language
Presentation of references
On completion of this module students should be able to:
1. 1. Demonstrate an in-depth knowledge and understanding of commercial and consumer law principles involved in the distribution of goods and services within the economy and how they impact on businesses and consumers.
2. 2. Identify, analyse and critically evaluate complex commercial and consumer issues.
3. 3. Apply and evaluate appropriate commercial and consumer legal principles and theories to hypothetical situations.
4. 4. Anticipate areas where principles may be unclear and pose appropriate legal and practical solutions.
5. 5. Assume the personal responsibility to undertake research from a variety of reliable sources.
6. 6. Articulate, develop and sustain sophisticated legal arguments clearly and coherently in writing.
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