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1BSc (Hons) Business ManagementAssignment Brief Module TitleBusiness LawModule CreditValue20Module LevelLevel 406Module CodeLSMEAcademic Year2020-2021/ Term 3 (September 2020 Group 4 – Saturday)LecturerDr Mabel ZvobgoLearningOutcomesOn successful completion of this module students will be able to:1. Understand the applicability of statute and case law in both criminal and civil casesand how the court system operates.2. Apply knowledge of contract law to a range of business activities includingsituations where a contract is unenforceable.3. Identify the extent to which an organisation has in place the necessary policies andprocedures to comply with relevant workplace legislation.4. Review an organisation’s systems and processes to ensure its officials comply withtheir roles and responsibilities under company law.Issue Date22-03-2021SubmissionDeadlineAssignment 1: Essay 01-05-2021 4PMAssignment 2: Case Study 01-05-2021 4PMAssignment 3: Case Study 29-05-2021 4PMSignature ofAssessorMabel Zvobgo Module DescriptionThe module examines the nature and sources of law before considering the relevance and applicationof contract law and workplace legislation to business organisations. The module also examinesdifferent types of business organisations, how they are formed and managed to comply with relevantlegislation, and how and under what circumstances they are dissolved.Assessment TasksThere are three assignments to be completed in this module:2 Assignment 1 – (Essay) 1000 words +/- 10% Total Weighting: 25% Intended Learning Outcomes: 1 Assignment 2 – (Case Study) 1000 words +/- 10% Total Weighting: 25% Intended Learning Outcomes: 2 Assignment 3 – (Case Study) 2000 words +/- 10% Total Weighting: 50% Intended Learning Outcomes: 3&4Assignment 1: EssayWrite an essay to show an understanding of how statute and case law are applied in both criminal andcivil cases and clearly explain how the court system operates in the UK including Alternative DisputeResolution systems (ADRs).100 MarksAssignment 1 – Indicative Marking Criteria EssayA* 80%+ HighFirstAn excellent answer will have the following attributes:• Exceptionally broad factual and conceptual understanding of statute and caselaw and their applicability in criminal and civil cases• Exceptional understanding of how the court system operates• Exceptionally well structured and well-presented reports• Correct use of English language• Correct use of Technical language• Referencing in correct Harvard StyleA 70 – 79% FirstClassAll components will have been submitted, and the remaining criteria will be as notedfor the 80%+ marking band. However, in one or two areas, the submission will be opento minor criticism.B 60 – 69 %Upper Second• A good factual and conceptual understanding of statute and case law and theirapplicability in criminal and civil law• A good understanding of how the court system operates• Well-structured and well-presented reports• Generally correct use of English language• Generally correct use of Technical language• There may be some minor mistakes in the presentation or referencing.C 50 – 59%Lower SecondAll components will have been submitted, and the remaining criteria will be as notedfor the 60-69% marking band. However, there will be some gaps in knowledge andanalysis. 3 D 40 – 49%Third Class• A basic level of factual and conceptual understanding of statute and case lawand their applicability in criminal and civil cases.• A basic understanding of how the court system operates• Weak structure with some mistakes in grammar or sentence structure.Weak in the use of technical language• References may have some style errors.F 30 – 39%Fail• The submission has a few major flaws.• A few important sections are missing.• Inadequate explanation and/or analysis.• Major language and referencing errorsF 0 – 29% PoorFail• The submission has many major flaws.• Most important sections are missing.• Assignment requirements are not met at any level Assignment 2: Case Study 1You are working for a large law firm called Bigan and Bigan who specialise in Contract law, EmploymentLaw and Company law. You have been invited as a guest speaker to address to the Business Law firstyear students to understand the formation of legally binding contracts.This case relates to the first requirement of any legally binding contract, agreement.Gibson v Manchester City Council [1979] 1 WLR 294The defendant City Council had adopted a policy of selling council houses to its tenants. The claimantwas a tenant of such a council house, who had applied for details of the house he was renting andapplicable mortgage terms, using the printed form designated and supplied by the defendant for thispurpose. In February 1971, the city treasurer responded to this application stating that ‘The [council]may be prepared to sell you the house at the purchase price…’, and providing details of the mortgage.This letter also stated that it did not amount to a ‘firm offer’ of a mortgage and invited the claimant tomake a formal application using an enclosed form. In March 1971, the claimant returned thecompleted form to the defendant.Following local elections in May of the same year, control of the Council passed from the Conservativesto Labour. The new Labour Council policy was that council houses would not be sold under theprevious Conservative policy unless a legally binding contract was already in place. The defendantrefused to sell to the claimant, who brought an action against them in breach of contract. This actionwas successful at first instance and the Court of Appeal, upon which the defendant appealed to theHouse of Lords.The issue on appeal was whether the defendant’s letter of February 1971 was properly construed asan offer or as an invitation to treat.Prepare your advice to the students in the form of a case file. Your case file should include thefollowing:1. How is a valid contract law made?2. The difference between an offer and an invitation to treat.43. The offer and acceptance position when buying a property.4. The factors which would have persuaded the court that there was an invitation to treat.5. The conditions under which a contract can be terminated6. Under what circumstance the contract could become unenforceable.7. In this case advise your class what could be the House of Lords ruling on the appeal.[Total=100 Marks]Assignment 2 – Indicative Marking Criteria EssayA* 80%+ HighFirstAn excellent answer will have the following attributes:• Exceptional understanding of how the contract law is made; difference betweenan offer and an invitation to treat; conditions for termination of contract and whena contract becomes unenforceable.• Exceptionally well structured and well-presented reports• Correct use of English language• Correct use of Technical language• Referencing in correct Harvard StyleA 70 – 79% FirstClassAll components will have been submitted, and the remaining criteria will be as noted forthe 80%+ marking band. However, in one or two areas, the submission will be open tominor criticism.B 60 – 69 %Upper Second• A good understanding of how the contract law is made, the difference betweenan offer and an invitation to treat; conditions for termination of contract andwhen a contract becomes unenforceable• A good understanding of different aspects of Contract law and titsapplicability• Well-structured and well-presented reports• Generally correct use of English language• Generally correct use of Technical language• There may be some minor mistakes in the presentation or referencing.C 50 – 59%Lower SecondAll components will have been submitted, and the remaining criteria will be as noted forthe 60-69% marking band. However, there will be some gaps in knowledge and analysis.D 40 – 49% ThirdClass A basic understanding of how the contract law is made, the difference betweenan offer and an invitation to treat; conditions for termination of contract andwhen a contract becomes unenforceable A basic understanding of different aspects of Contract law and their applicability Limited evidence of deeper understanding Weak structure with some mistakes in grammar or sentence structure. Weak in the use of technical language References may have some style errors.F 30 – 39%Fail The submission has a few major flaws A few important sections are missing Inadequate explanation and/or analysis. Major language and referencing errors 5 F 0 – 29% PoorFail The submission has many major flaws Most important sections are missing. Assignment requirements not met at any level Assignment 3: Case Study 2Mr Gordon the Assistant Director for Green Courier Services has approached Bigan and Bigan Law firmfor advice on employment and Company law matter. The senior partner has assigned you to give MrGordon the necessary legal advice.Mr Gordon joined Green Courier Services as an assistant Director that is performing well during thelockdown, the firm works with large organisation to deliver their products. He approached your Lawfirm to seek further legal advice to review its organisations, policies systems and processes ofemployment. He discovered that some of the drivers did not have contracts or were on zero hourcontracts. Mr Gordon wanted to ensure that the employees received a full contract of employmentand this would also give the company protection.He wanted to make sure that workplace legislation based on the necessary policies and procedureswere in place and to review the organisation’s systems and processes to ensure its officials complywith their roles and responsibilities under company law.You are to ensure that the following information is provided to your client.1. The different legal types of business organisation and the steps taken to form a company.2. The potential impact of employment and contract law upon a Green Courier Services in relation tothe following drawing examples from cases reported in the literature:a) Employment lawb) National Minimum Wage Act 2000.c) Data Protection Act 2018 and GDPRd) Health and Safety at Work Act 1974.e) Equality and Diversity Act 2010.3.The responsibilities /duties of the directors, auditors under the company Law4. The responsibilities of the Company when raising capital, during company meetings andshareholder meetings5. How company resolutions are passed and the matters resolutions are required for[100 marks]Assignment 3 – Indicative Marking Criteria Case Study 6 A* 80%+High FirstAn excellent answer will have the following attributes:• An excellent evaluation of workplace legislation based on the necessary policiesand procedures• Relevant examples and meaningful inferences drawn from relevant cases• A highly systematic review of organisation’s systems and processes to remaincompliant with the company law.• Excellent set of recommendations made for the company to remain fullycompliant with the company law.• Extensive reading of primary and secondary sources• Exceptionally well-structured and well-presented review report• Correct use of English language• Correct use of Technical language• Full reference accurately in the Harvard style of referencing.A 70 – 79% FirstClassAll components will have been submitted, and the remaining criteria will be as noted forthe 80%+ marking band. However, in one or two areas student may not havedemonstrated the skills as noted in band 80%+B 60 – 69 %Upper Second• A good evaluation of workplace legislation based on the necessary policies andprocedures• Mostly relevant examples and meaningful inferences drawn from the relevantcases• A systematic review of organisation’s systems and processes to remain compliantwith the company law.• A good set of recommendations made for the company to remain fully compliantwith the company law.• A well-structured and coherent work.• Generally correct use of English language• Generally correct use of Technical language• Full list of references with minor errors/omissionsC 50 – 59%Lower Second• All components will have been submitted, and the remaining criteria will be asnoted for the 60-69% marking band. However, there will be some gaps inknowledge and analysis 7 D 40 – 49% ThirdClass• Limited evaluation of workplace legislation based on the necessary policies andprocedures• Some relevant examples drawn from the case with limited inferences drawn fromthe cases.• An attempt to conduct a review of organisation’s systems and processes toremain compliant with company law but lacks in a systematic approach• Some relevant recommendations made for the company to remain compliant withthe company law• Mainly descriptive work with disorganised or fragmented analysis.• Lack of wider research• Weak structure with some mistakes in grammar or sentence structure.• Weak in the use of technical languageF 30 – 39%Fail The work is almost entirely descriptive showing little or no evidence of in-depthunderstanding. Structure very weak or lacking Many mistakes in grammar or sentence construction. Underdeveloped academic style of writing The references list not complete and not in the Harvard referencing style Largely inaccurate or irrelevant material. Little or no evidence of factual orconceptual understanding of the subject or of reading or research The work shows no evidence of analysis and contains unsubstantiated opinions Structure very weak or lacking. Many mistakes in grammar or sentence construction Citations and bibliography incorrect or missing. The work may be incomplete or too brief. Completing the tasksTo complete the Assignments 1, 2 and 3 you will need to research different information sources suchas textbooks, journals, articles, and the Internet. Analysis requires you to critically examine differentaspects of a topic and identify important issues. Make use of information on assignment preparationand command verb usage in your Moodle Platform.Helpful information Core Texts• Jones, L. (2017), Introduction to Business Law. Oxford, OUP• Adams, A. (2018), Law for Business Students. Harlow, Pearson• MacIntyre, E. (2018), Business Law. Harlow, Pearson8Additional Texts• Wilson F.M. (2010) Organizational Behaviour and Work: a Critical Introduction, Oxford: OxfordUniversity Press• Roach, L., Card & James (2016) Business Law, OUP, April 2016• Gillespie, Alisdair (2015), The English Legal System, Oxford University Press, 5th ed. 2015• Wilson, S. Rutherford, H (2016), English Legal System OUP, 2nd ed. April 2016• Kelly, D, Hammer, R, Hendy, J. (2017), Business Law, 3rd ed., Routledge 2017Journal Articles• Morgan, J. (2018). Common mistake in contract: Rare success and commonmisapprehensions. The Cambridge Law Journal, 77(3), 559-569.doi:10.1017/S0008197318000636• Ranđelović, D. and Ljajić, S. (2017) ‘Consumer Protection in Internet Sales–Degree ofHarmonization with the European Union Law’, European Journal of Applied Economics,14(2), pp. 1–18. doi: 10.5937/ejae14-12921.• Rosenberg, A. (2013) ‘Contract’s Meaning and the Histories of Classical Contract Law’, McGillLaw Journal, 59(1), pp. 165–207. doi: 10.7202/1018988ar.• Wynn-Evans, C. (2013) ‘Labor and Employment Law Developments: England and Wales’,Employee Relations Law Journal, 39(3), pp. 75–79. Available at:http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=91640080&site=e hostlive (Accessed: 14 March 2019).Websites: http://www.bailii.org/https://legalsolutions.thomsonreuters.co.uk/en.html http://www.parliament.uk/http://www.equalityhumanrights.com/Referencing your workReferences to relevant academic theory and research findings should be provided and citedappropriately using the Harvard system of referencing. Example of this referencing style is as follows:Sillah, D. (2007) ‘Screening of TB in the Gambia’ Journal of Epidemiology, 1 (2), pp.34-56 Author/sname and initials are listed first, followed by the year of publication in brackets. Then there is thetitle of the article and the journal where the article appears, which is in italics. Finally, state thevolume and issue number (in brackets) along with the pages where the article can be located.Include at least two in-text citations and references in each assessment criterion. Furtherinformation on the Harvard System of referencing is on your Moodle Platform.Note: Do not use Wikipedia as a source of reference.Academic MalpracticeYou are required to work independently when preparing this assignment and you are reminded ofthe need to avoid the risk (intentionally or unintentionally) of committing academic malpractice. Inparticular, presenting another learner’s work as yours or taking information from any sourceswithout acknowledging the source correctly can constitute academic malpractice. You are expectedto submit your work using the Turnitin software that is provided by the school. Please note that your9work may be subject to penalties and/or cancellation if academic malpractice has taken place. TheTurnitin similarity report can highlight where academic sources have not been referencedappropriately/effectively and this could result in a concern being highlighted around possibleplagiarism (one form of academic malpractice where sources have been used without properacknowledgment). Make sure you read over your work carefully and ensure that all sources ofinformation have been acknowledged to avoid any untoward investigations that would result in adelay in your achievement of the module. Further information on academic malpractice (includingplagiarism) and potential consequences is available in your student handbooks.PresentationPresent the following three documents:Document 1: 1000 words (+/- 10%) (Assignment 1)Document 2: 1000 words (+/- 10%) (Assignment 2) and Document 3:2000 words (+/- 10%) (Assignment 3).Please note that the word count is excluding references, bibliography, images, diagrams, table, andappendices and should be stated in the assignment cover sheet. Your work will be penalised forexceeding the word limit. Work must be word-processed in a suitable format of 12-point font, 1.5-line spacing and pages numbered.SubmissionYou must:• Submit assignments via Turnitin• Include an assignment submission sheet/ assignment cover sheet• Submit other documents required by your lecturer as evidence of achievement.Submission deadlines must be strictly observed. Therefore, disciplined time management is veryimportant when producing this assignment. Failure to meet deadlines will be considered as a failureby non-submission. You will only have the opportunity for one resubmission of a different assignment.Refer to the Student Handbook for more informationEnd of Assignment Brief