You will obtain credit for:
• Identifying the areas of law involved in each situation
• Stating the legal principles that are involved in each situation
• Applying those principles to the problem(s) in hand
• Providing balanced and reasoned argument
• Identifying possible conclusions on the basis of balanced and reasoned argument.
• Justifying those conclusions by reference to legal authority (e.g. case law, statutes, other legislation)
• Appropriate citation and referencing of legal sources referred to
The coursework addresses Learning Outcomes:
The coursework will address Learning Outcomes:
1. Explain the nature and functions of business law generally and demonstrate an understanding of its framework and applications.
2. Demonstrate an understanding of the theoretical and practical characteristics of business organisations and how legal rules and developments impact on their structures, cultures and administrative processes;
3. Identify, define, analyse and evaluate the impact of legal principles on the provision of commercial goods and services
4. Identify, define, analyse and propose solutions to problems arising in the business environment relating to employment law.
NOTE: There are also up to 10 marks available for the professional quality of your answer. This will include the use of good English, (spelling and punctuation); communication of ideas; layout and structure; referencing; and a bibliography.
PART A: Dabir
Dabir is a lecturer at Uxbridge University. He travels to work each day by car. Although parking in the university’s staff car park only costs £100.00 a year, places are severely limited and only available to university staff who live more than ten miles away from the university. Even then there are still 50% more staff who qualify for parking spaces than there are spaces available, so access to spaces is further restricted by being allocated on a “first come, first served” basis. As a result, Dabir usually ends up parking in a side-street over half a mile away.
At the start of Induction Week, Dabir arrived very early so was able to park his car in the staff car park. That evening, when he returned to collect his car, he discovered that it had been stolen. He reported this to the car park attendant, who admitted that he thought it was “strange” when he saw someone he did not recognize driving out of the car park. Dabir was furious and asked the attendant why he did not check the registration number of the car against staff records before lifting the barrier to let the car out. The attendant said that he thought about it, but decided that because it was the start of a new academic year, the driver was probably a new member of staff.
Because it was late at night, Dabir said he would take the matter up with security in the morning. He phoned a mini-cab to take him to the police station so that he could report the theft of his car. The police took his details but informed him that a ring of professional car thieves were known to be operating in the local area and that recovery of his car was extremely unlikely. They added that his was the third car reported stolen from the university car park in less than two weeks. As it was after midnight by the time he left the station, Dabir had to call another mini-cab to take him home. Both mini-cab journeys cost him £40.00 in total.
The following day Dabir bought a weekly travel card for £57.20 and travelled to work by public transport. The most straightforward journey he can take to work, requires him to make two bus journeys, one train journey and two changes on the underground. It takes just under three hours.
As soon as he arrived at the university, Dabir went straight to the security office to report that his car had been stolen. The security manager refused to fill out a report claiming that it was a waste of time. He referred Dabir to a notice just by the entrance to the car park which states:
“The university will not be responsible for death, personal injury, damage to vehicles or theft from them, due to any act or default of its employees or any other cause whatsoever.?
He also added that it had been brought to his attention that Dabir actually lives 9.95 miles from the university, “as the crow flies”, so is not entitled to a parking pass anyway.
PART B: Edwina
Edwina, a student enrolled on the BSc Business and Management degree at Uxbridge University, decided to buy all her text books early so that she could do some preliminary reading in preparation for her first week of lectures. The campus bookstore was offering a 10% discount on all books purchased during induction week. As there were two recommended texts for the “Introduction to Business Law” module, and Edwina only needed to purchase one of them, Edwina asked the assistant to sell her whichever one was the “most up-to-date” of the two. The assistant recommended that Edwina buy the fifth edition of “Business Law” by Anne Roberts, published in June 2013, pointing out that the other recommended text, by James Roll, was published in January 2011. Edwina paid for the text book and left the shop.
During her first lecture, Edwina discovered that the Anne Roberts text is a reprint of the fifth edition published in 2012. By contrast, the latest edition of the book by James Roll, was actually published in January 2014. Edwina was so preoccupied by her discovery that she was the last one to leave the lecture theatre. As she was halfway down the stairs, Filippo, the lecturer for business law, inadvertently turned off the lights as he was shutting down the audio visual equipment. This caused Edwina to lose her balance and fall down the remaining steps, breaking her right arm in two places. Unable to take notes or type them up easily, Edwina invested in the very latest Dictaphone/Voice Recorder to tape her lectures and seminars. It cost her £69.99.
PART C: Filippo
During her second lecture for Introduction to Business Law, Filippo noticed that Edwina was recording his lecture. He was so angry that she had not asked his permission first that he shouted at her to “turn that wretched thing off immediately” and not to tape any of his lectures or seminars in future. Edwina was upset at being shouted at in front of her fellow students, and thought it very unfair that she could not tape Filippo’s lectures, especially as she believed it was his fault that she broke her arm in the first place. After the lecture Edwina went straight to the Principal’s office to issue a formal complaint. As soon as Edwina left her office, the Principal emailed Filippo to tell him that she was suspending him for two weeks.
At the end of the two week period the Principal sent Filippo a formal letter, stating that due to his obvious lack of professionalism, she did not want him to return to the university. She enclosed a cheque for the equivalent of a month’s salary. Filippo is very upset as he has been working at the university for twenty years and was due to retire next year. He is also entitled to two months notice under the terms of his contract
What is the legal position in each of these three situations?
1) Dabir is fed up about his car being stolen and with the daily six hour commute that he has to undertake by public transport in order to get to work. (30 marks)
2) Edwina prefers the James Roll text book to the one by Anne Roberts but the book store is refusing to refund her money and is insisting that she buy the James Roll text at the full price. Edwina also wants compensation for her broken arm. (30 marks)
3) Filippo feels that he has been unfairly dismissed. (30 marks)
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