UNIVERSITY OF THE COMMONWEALTH CARIBBEAN

SCHOOL OF BUSINESS & MANAGEMENT

GROUP ASSESSMENT

Fall 2022

GROUP ASSIGNMENT (6 STUDENTS MAXIMUM)

LEGAL CONCEPTS (LAW101)

(This assignment contributes 20% to your overall marks

Assignment Presentations due week of November 29, 2023 (on the day of class)

Written Papers Due : Sunday November 28,2023 11: 59 PM

Instructions

This group assignment is worth 20% of your final grade. Each group will work collectively in completing the assignment.

The final grade obtained by the group will be awarded to each group member upon completion of the assignment. A
 ‘contribution sheet’ should be submitted along with the assignment, indicating each group member’s

contribution to the assignment.

Deadline for submission is the written document is the week of November 28,2023 11: 59 PM

.Each group will also be required to prepare a presentation of their assignment to the class on The Week of November 29,

2023 (on the day of class)Each group will be given 15 minutes to do their presentation, with the option of utilizing

creative methods in sharing their presentation.

A reference or bibliography page should accompany the assignment. Written assignment will be uploaded

to the course page.

Students will be placed in groups by the facilitator. The group assignment will be placed on the course page

in a word document.

Unit 1: Introduction - Legal System Group 1

‘Precedent requires a hierarchy of courts and respect by lower courts for the decisions of higher courts. These principles have stood

the test of time and should not be interfered with in any way.’

a) Explain this in relation to the Jamaican court system.

b) Discuss what role if any does the privy council play in Judicial precedent in the Jamaican legal system

Discuss. (5 marks)

c) There are several legal sources in the Commonwealth Caribbean at large, but more specifically in Jamaica, these are:

i) The Constitution

ii)Case-law or Judicial Precedent and the principles of the Common Law

iii) Legislation

iv) International and Regional Law

v)Custom and Conven3tions

Discuss with appropriate examples how these sources have given rise to the law here in Jamaica

(10 marks)

a) Discuss the importance of law in maintaining social order and economic stability as compared with unwritten rules or behavioural

conventions? (3 marks)

b) Think of at least 2 important rules of behaviour that are not ‘laws’ as we have defined them. How are they enforced? How

important do you think those non-legal rules are to social order? (2 marks)

Unit 2: International Law Group 2

You have been asked to make a presentation convincing Parliament to accept the CCJ as the final Court of Appeal in Jamaica, using

the judgments by the CCJ in its original jurisdiction explain why in your view the CCJ is equivalent if not better suited to be

Jamaica’s final court of Appeal. (cases can be found on the CCJ’s website).

You are also required to :

a. Describe the functions and governance of the United Nations

b. Describe the Caribbean Community (CARICOM)

c. Describe the North American Free Trade Agreement (NAFTA)

d. Describe any role and or function which Jamaica plays in these international organisations.

(20 marks)

Unit 3 Business Enterprises

a) You have been asked by a group of persons to advise them on how they can set up a company in Jamaica, using the Companies

Act 2004, advise on the procedure to register, the reporting requirement and the requirements when the company has finished

business and wishes to be wound up. (10 marks)

b) Compare and contrast the following forms of business organization: sole proprietorship, general partnership, limited partnership,

limited liability company, and corporation as to ease of formation, liability of owners, management, and tax implications.

(10 marks )

Unit 4 Law of Contract Group 4

a) A wrote to B offering 300 bags of cement at £10 per bag. B wrote in reply that she was very interested but needed to know whether

it was Premium Quality cement. The following morning, soon after A read B’s letter, B heard a rumour that the price of cement was

about to rise. She immediately sent a fax to A stating, ‘Accept your price of £10 for Premium Quality’. Assuming that the cement

actually is Premium Quality, is there a contract? If so, does the price include delivery? Explain your reasoning. (8 marks)

b) What is the position under the ‘last shot rule’ if, after the exchange of forms, the seller fails to deliver the goods?

(2 marks)

c) You offer to buy a kilo of oranges from your local shop for 9p. Nothing further is said, nor do you receive any written

correspondence. The next day, however, a kilo of oranges arrives at your house from the local shop. Is there a valid acceptance of the

contract? Has there been a communication of the acceptance? (5 marks)

d) Analyse at least 3 of the communications in Hyde v Wrench (1840) and state whether they are: an invitation to treat, a contractual

offer, a counter offer, a rejection or an acceptance

(5 marks)

Unit 5: Internet law , E-Commerce and Fair Competition Act Group 3

You have been asked to make a presentation to a Class who is studying a course entitled “Introduction to Law”, Your

presentation will cover the following topics:

 Understand the development of e-commerce, the growth of the sale of goods and services by computer over the

internet

 Describe Internet domain names and how domain names are protected by law

 Define e-contract and software license

Under the fair competition Act you will also review with appropriate examples

Double ticketing
Misleading Advertising
Tied Selling
 Bid Rigging
Price Fixing
Excessive Pricing

(20 marks)

Unit 6: Commercial Law/Sale of Goods

a) With reference to decided cases, explain how the law resolves the issue of whether a product is defective or not. (4

marks)

b) As it relates to sale of goods explain who is an unpaid seller. Outline using appropriate examples when an unpaid seller can
exercise his right of lien on the goods, and when he loses lien thereon?(6 marks)

(b) The goods sold for JAM DUNG International were delivered to the buyer’s shipping agents PAKA BESS, who had put them on
board a ship. The goods were returned to the seller for packing. While they were still with the seller on this mission the buyer became
insolvent and the seller being an unpaid seller claimed to retain the goods in the exercise of their lien. Advise the seller.(10 Marks)

Unit 7 Employment Law

(a) Explain the differences between a contract for service and a contract of service, as well as at least ONE Test used to determine the

nature of the employment contract between the parties

[8 marks]

(b) Martha visits your office and explains that she has been fired because she is 8 months pregnant and cannot work anymore and was

told that she cannot get maternity leave. She explains that she started working with the company in March 2013 and her colleague

Michelle

was granted maternity leave in October 2013. She feels that her supervisor doesn’t like her and this is why she was she was force to

leave her job. Martha also alleges that her boss was underpaying her because she was only earning $20,000.00 per month and did not

pay her

for overtime but claimed that her working hours were from 6:30 a.m. until 9:00 p.m. She now wishes to sue her former employers

Advise Martha as the procedure concerning maternity leave and explain the minimum wage in Jamaica. [12 marks}
UNIT 8 Law of Torts

a. Selma visited Hott Steppa Law firm to request advice. She parked her car in front her neighbour’s house. She was not obstructing

any driveways and there was certainly nothing to prevent her from parking there. The following day Selma observed that a wheel

clamp had been placed on her car. It was accompanied with a note which stated that the wheel clamp would only be removed on the

condition that she did not park there again. Selma also has seen her neighbour throw rubbish on her land, she has chopped down a

Julie Mango Tree which was planted on Selma’s property and had branches hanging next door. Bridgette, the neighbour is

also known to burn her garbage on Saturday mornings during Selma’s prayer meetings. Bridgette recently started raising pigs and the

smell is unbearable especially for Selma’s 99 year old mother.

Discuss the tortious liability of Bridgette considering in particular the law of nuisance [12 marks]

b. The tort of Private Nuisance involves a balancing act as the Court has to balance opposing views of land usage. Discuss

c. Discuss the ruling in Rylands vs Fletcher and in implications it has in today’s society

Assess the accuracy of this statement [8 marks]

UNIT 9: Consumer Protection

a) With reference to decided cases, explain how the law resolves the issue of whether a product is defective or not. .

(10 Marks)

b) Identify at least two agencies and discuss their roles in consumer protection in the

Jamaican Society. (5 marks)

c) Discuss any two statutes to enforce consumer protection. (5 marks)

Oral Presentation Rubric

Excellent Good Fair .Needs Improvement

Delivery • Holds attention of entire • Consistent use of direct eye • Displays minimal eye • Holds no eye contact with
The delivery audience with the use of contact with audience, but contact with audience, while audience, as entire report is
was well done direct eye contact, seldom still returns to notes reading mostly from the read from notes
Maximum looking at notes • Speaks with satisfactory notes • Speaks in low volume and/ or
• Speaks with fluctuation in variation of volume and • Speaks in uneven volume monotonous tone, which
Score (2)
volume and inflection to inflection with little or no inflection causes audience to disengage
maintain audience interest
and emphasize key points
Content/ • Demonstrates full • Is at ease with expected • Is uncomfortable with • Does not have grasp of
Organization knowledge by answering answers to all questions, information and is able to information and cannot
all class questions without elaboration answer only rudimentary answer questions about
The content with explanations and • Has somewhat clear purpose questions subject
was clear and elaboration and subject; some examples, • Attempts to define purpose • Does not clearly define
the speaker • Provides clear purpose and facts, and/or statistics that and subject; provides subject and purpose; provides
was able to subject; pertinent examples, support the subject; includes weak examples, facts, and/ or weak or no support of subject;
answer all facts, and/or statistics; some data or evidence that statistics, which do not gives insufficient support for
supports conclusions/ideas supports conclusions adequately support the ideas or conclusions
questions with evidence subject; includes very thin
prosed by the data or evidence
class and the
facilitator
Maximum
score (6)
Enthusiasm/ • Demonstrates strong • Shows some enthusiastic • Shows little or mixed • Shows no interest in topic
Audience enthusiasm about topic feelings about topic feelings about the topic presented
during entire presentation • Raises audience being presented • Fails to increase audience
Awareness
• Significantly increases understanding and • Raises audience understanding of
Maximum audience understanding and awareness of most points understanding and knowledge of topic
score 1 mark knowledge of topic; knowledge of some points
convinces an audience to
recognize the validity and
importance of the subject
Appropriate References were intact and there were no broken links presented on the PowerPoint
citation of
cases and
examples
( Maximum
score 1 Mark)
Comments
Written paper Rubric

Rubric for Written Assignments:

Rating Criteria Poor Fair Good Very Good Student’s

and weighting Score &Max
score

Headings & Absent/Poor Fairly Proper layout; Outstanding 1 max

Introduction Relevant relevant layout; great flow

and relevance

Organization Not Some Organized; events Very good

and flow of organized, organization, and material are organization, 3 marks
information material and events fairly clear events and

events do organized; material are

not flow beginning and logically ordered,
logically end hazy very clear

beginning and end

Quality & Poor quality; Reasonable Very relevant Excellent 2 marks

applicability of material quality; material; clear link supporting details;
information hardly connections and subject strong and direct
applicable can be made links to subject
to subject

Grammar & Very Moderate Negligible errors Excellent grammar

spelling frequent volume and spelling
grammar grammar and
2 marks
and/or spelling errors
spelling
errors

Neatness and Illegible Fairly legible Overall legible Excellent writing;

general writing, writing, few writing; well- very clean paper; 2marks
presentation frequent corrections; formed characters; neat and
cross-outs; little soiling papers clean and attractive

defaced neatly assembled, assembly,

pages illustrations outstanding
provided illustrations
provided
.