ANSWER 3 QUESTIONS IN TOTAL.

Must answer at least 1 question from each section

Section A ---ANSWER USING CLEO ----(CLAIM, LAW, EVALUATION, OUTCOME)

Section BANSWER USING ESSAY STYLE (INTRODUCTION, MAIN BODY, CONCLUSION)

SECTION Ajust the law

Include at least 6 laws/cases

1)a) Explain the rules relating to offers in the formation of a contract

b)Jamil read an advert:

'The Select Furniture Store special summer clearance. Starts 1^st January. The first person on that day to purchase a dining room table and four chairs can buy it for 100'.

Jamil queued outside the shop all night to be first. He was the first person in the store, however when he asked about the table, he was told the special offer of 100 for the first purchase was no longer available. He complained to the manager, who told him that the intended items had already been sold at full price, and anyway there were plenty of other reduced items in the store.

Advise Jamil of his rights, if any, in contract

2)a) What is an exemption clause and how are these dealt with by the law?

b) Amanda buys a 'Pear' personal computer from Computer Supplies Ltd so she can Skype her sister in Toronto.She signs a sales note in the office which states 'Any express or implied condition or warranty is hereby excluded.' After a week where it worked very well, the Pear has now stopped working completely.

Advise Amanda of her remedies in contract, taking into account the exemption clause.

It would seem that Amanda would lose, It would seem that Amanda would win,,, never say for certain that a person would win or lose.

3)a) Explain what is meant by the duty of skill and care owed by directors

b) Jane is one of the directors of SpeakEasy Records Ltd (SRL). She has negotiated with TrustUs, a PR company to promote SRL, and they in return, are paying her a commission for getting this contract with SRL. She does not tell the other directors about this. She is also running her own business, which she has not disclosed to the directors and is taking valuable contracts which could have gone to SRL, and this has affected SRL profits. She also does not attend Board Meetings.

Advise SRL whether Jane may be in breach of her legal duties under Companies Act 2006.

SECTION B -Apply the law to facts

4)'Courts are intimidating, daunting and expensive ways of resolving disputes'.

Analyse the various methods of alternative dispute resolution and explain their special characteristics.

5)'The system of judicial precedent underpins the English Legal System.

Evaluate this statement.'

6)Define and distinguish the prohibited behaviour of direct, indirect discrimination and harassment under the Equality Act 2010.

7)Two years ago, Bella finished a course in Health and Beauty therapy and after working in a salon for a year, she spent three months in the USA. On a visit to California, she was very impressed by some of the alternative therapies being used there and, on her return, has decided to open a salon to offer some of these therapies.

Her grandmother Carla has recently retired as the Marketing Director of a multi -national company and is keen to invest in the business and wants to help her in the running of it. Carla feels Bela has very little business experience and she is prepared to invest 75,000 and give the business 3-4 hours work each week. Bela will be investing all her savings 10,000 and will work full time in the business.

a) What sort of business organization do you think i) Bela ii) Carla would prefer to set up. (65%)

b) As an objective advisor what would you consider the most appropriate type of business and why?