Law problem questions
\nChoose one question to answer, in 1200 words or less. Submit to Moodle, via Turnitin, by 5pm Friday
\n20 January. Do not include your name or student number on your work, as it will be marked anonymously. Do not include a bibliography. Avoid repeating the facts back to the reader. Use OSCOLA referencing system. This assessment counts for 100% of the module mark.
\nQuestion One
\nIn November 2021, Curtis Ltd (\u2018CL\u2019) contracted with Minster Museum to carry out works in the sum of \u00a3150,000. Starting in January 2022, CL enlarged the main hall and installed wall fixings to display dinosaur bones. CL finished the work on time in July, and in August another firm came in to lay the hall floor with expensive mosaic. Soon after the Museum re-opened in September 2022, one of the wall fixings gave way, causing a T-rex bone to fall to the floor. Both the bone
\nand the floor were damaged. The Museum Director told CL what had happened. CL offered to discuss ways of resolving the situation, but the Director refused, exclaiming: \u2018You are useless, I will get someone else to do it!\u2019
\nThe Museum is now claiming \u00a3400,000, for:
\n1. \u00a3150,000 cost of hiring a replacement firm to repair the fixings and the floor
\n2. \u00a325,000 for lost revenue whilst the repairs were carried out
\n3. \u00a325,000 for causing shock and distress to the public and museum staff when the fixings collapsed
\n4. \u00a3200,000 for a replacement dinosaur bone Advise CL and then briefly explain whether your answer would differ if CL had finished its work in
\nAugust, when the mosaic was being laid.
\nQuestion 2
\nCagney Water Services (\u2018CWS\u2019) has a contract with Hever Council to maintain and repair the local water supply. On 1 September 2022 a pipe burst underneath a section of public pavement in Hever County and began flooding the street. That evening, two CWS employees arrived with a digger. They dug down to the pipe and sealed it. However, there was no more they could do that day, so they put
\nup a temporary chain-link fence around the hole and went home. That night, two twelve-year-old
\nfriends, Jane and Otto, noticed the works and decided to have some fun. They slipped through the
\nfence but, whilst peering down to the pipe, Jane lost her footing and fell. She suffered scratches,
\nbruises and a fractured hand.
\nNext day, the CWS workers arrived and, in the course of their work, accidentally cut through a gas
\nmain supplying a nearby pottery. As a result the pottery\u2019s kiln shut down whilst 1000 plates were
\nbeing fired, and no more plates could be fired until a week later when the gas was restored.
\nJane is now claiming for her injuries, and the pottery wants compensation for all the profits it lost
\nwhile the gas was off.
\nAdvise CWS.
\nLaw problem questions
\nQuestion three
\nIn February 2020 Bill contracted UsPrice quantity surveyors to cost a new extension that VisionIt
\narchitects had designed for his house.
\nUsPrice\u2019s contract with Bill contained this clause:
\n\u2018The other contacting party forgoes the right to litigate against UsPrice for any alleged negligence in
\ncontract or in tort\u2019.
\nWeBuild were the builders for the project. Before work began, Bill said to UsPrice: \u2018I have to move
\ninto a hotel while the work is being done, but I\u2019d like you to pop in from time to time and take a look at what the builders are doing\u2019. UsPrice agreed, and told Bill everything was fine, the project was
\nprogressing well.
\nIn February 2021 the extension was complete and Bill moved back in, just before WeBuild went out of business. In February 2022 he had a survey done, which revealed poor workmanship and use of inadequate materials in the extension. Bill got back in touch with UsPrice and said: \u2018I thought you supervised the work? I\u2018m going to sue you!\u2019
\nAdvise UsPrice.
\nLaw problem questions
\n\u2022 Maximum 1200 words in 11-point font Word document
\n\u2022 Do not put your student number\/name on your work as it must
\nbe marked anonymously
\n\u2022 Do not include a bibliography
\n\u2022 Do not repeat the scenario facts at the beginning of your answer
\n\u2022 Submit to Moodle via Turnitin by 5pm Friday 20 January 2023
\nIntroduction
\nBriefly sets out strategy for response to question
\nand states category of law engaged
\n\/5
\nMain body
\nIdentifies central legal principles arising from the
\nfacts of the scenario, and states from where the
\nprinciples derive (case law\/statute)
\nApplies the identified principles to produce
\nreasoned submissions
\n\/25
\n\/45
\nConclusion
\nStates the final legal advice \/10
\nOSCOLA referencing
\nReferencing is sufficiently accurate and detailed \/5
\nOverall
\nStructure\/comprehension\/writing style\/ease of
\nreading
\n\/10
\nMark %
\n—
\nAdvice for Curtis Ltd.
\nCurtis Ltd (CL) has a contract with Minster Museum to carry out works for \u00a3150,000. After completing the work on time, a wall fixing gave way and caused damage to a T-rex bone and the floor. The Museum is now claiming \u00a3400,000 for the cost of hiring a replacement firm, lost revenue, causing shock and distress to the public and museum staff, and a replacement dinosaur bone.
\nFirst, CL should investigate the cause of the wall fixing giving way and determine if there is any evidence of negligence or breach of contract on their part. If there is, CL should take responsibility and offer to cover the cost of repairs and any other damages that are a direct result of their negligence.
\nIf there is no evidence of negligence or breach of contract, CL should refer to the terms of the contract with the Museum to determine if the Museum has any rights to claim for damages. It is possible that the contract includes a limitation of liability clause that limits the amount of damages the Museum can claim.
\nIf the contract does not include a limitation of liability clause, CL should raise the issue of contributory negligence. The Museum Director’s statement of “You are useless, I will get someone else to do it!” suggests that the Museum may have failed to properly maintain the wall fixing after CL completed the work. This could be considered contributory negligence, which would reduce the amount of damages the Museum is entitled to claim.
\nIn addition, CL should also consider negotiating a settlement with the Museum to avoid the cost and uncertainty of a lawsuit. This could involve offering to pay a reduced amount of damages in exchange for the Museum dropping its claim.
\nIn regards to whether the answer would differ if CL had finished its work in August, when the mosaic was being laid, it would not change the advice given above. CL would still need to investigate the cause of the wall fixing giving way and determine if there is any evidence of negligence or breach of contract on their part. Additionally, they would still need to refer to the terms of the contract and consider the issue of contributory negligence.<\/p>\n","protected":false},"excerpt":{"rendered":"
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