CONTRACT LAW

FORMATIVE (PRACTICE) ASSESSMENT

Term 1 2019-2020

Please read this document with care.

It has been prepared to help you turn your effort into a good result.

DIRECTIONS

WORD LIMIT: 2-3 pages; single or double spaced, 12 pt; Times New Roman

DEADLINE FOR SUBMISSION: 29 November 2019; 23:59.

You are encouraged to submit it during the early part of the week.
DO NOT LEAVE SUBMISSION TO THE LAST MINUTE
COMPUTER FAILURE IS NOT AN ACCEPTABLE EXCUSE FOR LATE SUBMISSION

PROCEDURES FOR SUBMISSION

Make sure that your name and the name of your Contract Law Tutor appears at the top of the essay.
There is no need to include a cover sheet.

You should write your answer and submit it via the relevant Turnitin link on the Contract Law
Moodle page, following the instructions for submission which you can see when you open the link.
Please note that late answers cannot be submitted after the deadline and will not be marked.

DO NOT include the question with your answer.

DO NOT use bold font for emphasis of particular words or points.

DO NOT cite a textbook author or a casebook as the source for a case or statute; cite the case or statute itself
(you may only cite a textbook or casebook if you are referring to the opinion of the textbook or casebook
writer).

DO NOT include a bibliography as it is not required for this piece of work

DO NOT use the word 'client' but you may use 'I' – e.g. 'I would advise [whoever] that she/he has a reasonable
chance of success were she to use promissory estoppel'. You could avoid using 'I' by using the passive voice.
[Whoever] is advised to use the doctrine of promissory estoppel to defend herself against' etc.

AVOID quoting verbatim extensively from sources

 DO Use OSCOLA style of citation accurately. We may penalize failure to provide proper citations.

DO end every footnote with a full stop. If you need to be convinced of this, look at some of the articles you
have read so far in this course.

We expect clarity of expression, appropriate language and terminology, structure, helpful use of
paragraphs, good grammar and an absence of typographical errors. Subheadings are allowed and
may well be helpful in making the structure of your answer clear.

We are often asked, 'Do we need to provide the facts of cases?'

A good rule of thumb Naifalsaif@hotmail.com is that facts of cases should be given if the facts are similar to the facts
in the question.

Remember also to argue 'both ways' – you must not give a one-sided account of the law; you must
not disregard inconvenient or unhelpful cases.

Your advice must be realistic (strengths and weaknesses of arguments made must be discussed). At
the same time, direct your advice at the party you are directed to advise by the question.
 QUESTION

Maris is an avid book reader and chair-person of her local book club which has fifteen members.
The book club meets once a month to discuss a different book. For years, the book club
members have purchased their books from a local book supplier, LibReads. Faced with
competition from online book suppliers, the owner of LibReads decides to send Maris a copy of a
new book along with a letter stating: “If you do not return this book to us within one week, we will
assume you are happy with this book and will send fourteen additional copies for your book club.
Furthermore, if you do not respond, we will continue to send a different book to you and your
book club each month. You will receive an invoice for all books received every six months.” Maris
never responds and LibReads continues sending books each month. For the next three months
the book club reads three books supplied by LibReads. Maris is suddenly taken ill and in hospital
for three months. When she returns home, she finds three boxes of books at her doorstep along
with an invoice for all books delivered within the past six months. Maris does not believe she
should pay the full price as she never signed any formal contract, nor did she agree to accept the
books delivered to her house whilst she was in hospital. (Please consider this under the
provisions of any relevant statutes and then alternatively according to common law without
reference to the statutes).

During her stay in hospital Maris is visited by her good friend, Freda, a fellow member of the book
club. Some months ago Freda was in a contractual dispute with builders working at her home.
Maris is a mature student studying law at a well known London University college. She finds most
subjects boring, but thinks contract is fascinating, easy to understand and fun. At Freda’s request
Maris does a lot of research and gives Freda advice about the dispute. As a result Freda saves
several thousand pounds. Maris gives her help willingly and there is no discussion about
payment, although Maris expects that she will receive some sort of gift in gratitude from Freda.
Nothing happens. In conversation, during a hospital visit by Freda, Maris mentions that the Folio
Society has produced a limited edition of her favourite novel, Dr Zhivago. She would love to buy it
but cannot afford the price of £400. Freda says, “Don’t worry. I’m going to pay you £400 for all the
work you did for me.” Relying on Freda’s promise Maris buys the book online. When she comes
out of hospital she tells Freda what she has done and asks Freda to please make the payment.
Freda says that she has had second thoughts and is no longer willing to pay anything.

Advise Maris in each of the above two scenarios.