By submitting this Assessment, you are confirming that you are fit to sit, in accordance with the Assessment Regulations.

INSTRUCTIONS TO CANDIDATES

• Type your candidate number on each page of your answer and follow the submission instructions as directed by The University of Law.

• There is a word limit of 1,000 words for answering this Task. Excess words over the word limit will not be read or marked.

• Your submitted work must be word processed. You should give a word count at the end of the document.

• For this Assessment you will be assessed against the University's Grade Descriptors as to the extent to which you have met the Learning Outcomes for this module, namely:

• Demonstrate knowledge and understanding of relevant principles and rules of civil dispute resolution, and the broader context within which the law operates.
• Critically analyse complex actual or hypothetical problems and evaluate a range of solutions in the light of the legal issues raised and make critical judgments on the merits of particular arguments.
• Utilise and evaluate data presented in numerical form and derive appropriate conclusions.
• Undertake directed and self-directed research to retrieve and evaluate accurate, current and relevant information from a range of sources.
• Devise and sustain a legal argument, recognising ambiguity and synthesis, using tailored evidence in writing and be able to communicate these to specialist and non-specialist audiences.
• Communicate clearly and concisely, using correct grammar and spelling, and using appropriate technical legal language where necessary.

The contents of this Assessment are confidential.You must not disclose, discuss or express an opinion on the contents of this Assessment or your answer to it to any other person, by any means. In particular, you should note that you may not consult any member of The University of Law staff nor any other person on any aspect of the content of this Assessment.If you are in any doubt as to how to interpret any word or phrase in this Assessment you should decide for yourself which interpretation to adopt.

QUESTION

Save as set out below, none of the documents referred to in this Question are produced for the purpose of this Assessment.

You are a trainee solicitor with the firm of ULaw LLP of 36 Avenue Way, Weyford, Guildshire GU18 9ZX.

For the purposes of this Assessment, you must assume that it is 2 February 2024.Your firm has been instructed by Harmanpreet Kaur, the managing director of Vintage Motor Sales Ltd ("VMS"). The client company is a firm of auctioneers specialising in classic cars. VMS has been served with County Court proceedings taken by one of its former clients, Mr Raul Martinez. An acknowledgment of service has been filed on behalf of the client company indicating its intention to defend the entire claim.

Your supervising solicitor, Elisa Corvalan, hands to you the proof of evidence of Harmanpreet Kaur (Document Abelow) and the Particulars of Claim (Document Bbelow).

Elisa Corvalan has established that neither Mr Martinez nor any solicitors on his behalf contacted the client company before commencing the court proceedings.

Elisa Corvalan instructs you that she has started a case analysis note of Mr Martinez's claim against VMS and VMS's possible defences. This is Document Cbelow.

Elisa Corvalan asks you to complete the case analysis note as instructed in Document C.

NOTES TO CANDIDATES

• When completing the case analysis note, you must take into account the information already included by Elisa Corvalan and you should assume that it is correct.
• You must complete the case analysis note under the headings listed at the end of this Task. So, start with the heading, "The express and/or implied terms on which VMS contracted with Mr Martinez for the auctioning of his Bentley and Alfa Romeo."
• Do not include in your answer any part of the case analysis note that has already been prepared by Elisa Corvalan.

NOTE TO CANDIDATES ON THE WORD COUNT FOR THIS TASK

Donot include in your word count the following:

(a) any of the material that you copy directly from Documents A, B and C; and

(b) any material that you copy directly from the Civil Procedure Rules 1998 or any other legal authorities.

Document A

Harmanpreet Kaur, the managing director of Vintage Motor Sales Ltd of 8A Saxon Court, The Rise, Weyford, Guildshire GU9 1AZ will say:

1. Vintage Motor Sales Ltd specialise in the sale by auction of classic cars.

1. On 4 September 2023, I received a telephone call from Raul Martinez. He is the senior partner of Banister Clarke LLP, a local firm of opticians. He explained that he had recently inherited 2 classic cars from an uncle and that he wanted us to sell them at auction. He asked me to view the cars with him as soon as possible. I arranged to meet him at his home at 15 Normandale Avenue, Weyford on 11 September 2023.

1. After viewing the cars on 11 September 2023 and discussing their valuation with Mr Martinez, he asked if they could be placed in our 2 December 2023 auction. I said that might be possible but I would need to check. I then asked him for details of each car that might be included in due course in an auction catalogue. He handed to me some typed notes that he had prepared. When I asked Mr Martinez if he wanted us to independently verify these statements, he said that he had copied the notes from his uncle's records so they could not be doubted and I should not be so impertinent. The notes read as follows.

"1952 Bentley MKV Park Ward Drophead Coupe. The body was restored in 2005 including a full repaint & high-quality re-upholstery. In 2016 the car was fitted with a fully overhauled 4.5 litre engine and the rear axle upgraded to high ratio. The car has been driven less than 750 miles since 2016."

"1945 Alfa Romeo6C 2500 Sport Superleggera. All parts are original. Glass by Sekurit, electronics by Magneti Marelli, optics of lights by Torino Siem and aluminium body by Touring."

1. Towards the end of our meeting, Mr Martinez again asked if the cars could be placed in our 2 December 2023 auction. I repeated that I would need to double-check when I got back to my office. He said that in any auction the Bentley was to have a reserve price of 370,000 and the Alfa Romeo 410,000.I am certain that these are the reserve prices that he stated for each vehicle.

1. During our meeting, I said that our commission at any auction would be 20% of a winning bid. I made it clear that if he placed the cars with us but withdrew either or both cars from auction, he would then have to reimburse us for all expenses incurred and work done. I told him that if both cars could be accommodated in our 2 December 2023 auction, I would telephone him and send him a letter setting out our proposed terms and conditions for him to consider. After checking the position when I got back to the office, it transpired that both cars could indeed be included as lots in our 2 December 2023 auction. I confirmed this in a telephone message that I left on Mr Martinez's voicemail on 12 September 2023.

1. I subsequently sent him a letter dated 14 September 2023 which read as follows:

Dear Mr Martinez,

Thank you for asking us to sell your 1952 Bentley MKV Park Ward Drophead Coupe and 1945 Alfa Romeo 6C 2500 Sport Superleggera at our public auction on 2 December 2023.

We confirm that we would be prepared to act for you on the following terms:

1. Our commission will be 20% of any sum realised at auction. Commission is payable from the proceeds of a successful auction sale.

2. Unless we are notified to the contrary by you in writing before the auction, the cars will be put up for sale with the following reserve price:

• Bentley 370,000;

and

• Alfa Romeo 410,000.

3. You warrant that you are entitled to have possession of and to sell the cars and are entitled to instruct us to sell them by auction.

4. You further warrant that all the information supplied to us by you is accurate. You agree to indemnify us against any liability arising in respect of our receiving the cars, or selling the cars at auction, or in respect of any inaccuracies in the information that you supplied, and against all costs and expenses incurred by us or on our behalf in dealing with any claim arising in that respect.

5. If you withdraw one or both cars from the auction, you will reimburse us for work done and expenses incurred in and about the preparations for the auction, including but not limited to the storage, cleaning and security of the cars, production of photographs and all relevant internet and hard copy advertising. Reimbursement of those expenses is due by 31 December 2023 or earlier from any successful auction sale.

Please confirm your acceptance of these terms if you wish matters to proceed.

Yours sincerely,

Harmanpreet Kaur

1. I then had the following exchange of emails with Mr Martinez before the auction. No other communications occurred between us (apart from telephone calls about delivery of the Bentley to our premises).

His email of 28 September 2023 read as follows:

Thank you for your letter of 14 September 2023. I accept your company's terms for auctioning both my cars on 2 December 2023.I look forward to receiving the auction catalogue in due course. I will sort out the arrangements for delivery of the cars to your premises nearer the time.

My email of 5 October 2023 readas follows:

I have set out below the terms and conditions for the auctionas they will appear for your cars in the auction catalogue. Please let me know if you have any queries or require any amendments.

1. All vehicles are sold with all faults and imperfections and errors of description. Illustrations in catalogues or brochures are for identification only.

2. Buyers should satisfy themselves prior to sale as to the condition of each lot and should exercise and rely on their own judgment as to whether the lot accords with its description. None of the seller, auctioneers, their servants or agents is responsible for errors of description or for the genuineness or authenticity of any lot; no warranty is given by the auctioneers, their servants or agents or by any seller to any buyer in respect of any lot, and any express or implied conditions or warranties are excluded.

3. The seller warrants to the auctioneers and to the buyer that he is the true owner of the lot or is properly authorised to sell the lot by the true owner and is able to transfer a good title to the lot free from any third-party claims. The seller will indemnify the auctioneers, their servants and agents and the buyer against any loss or damage suffered by them in consequence of any breach of this warranty on the part of the seller.

4. The buyer of any motor vehicle is responsible for complying with all legal requirements as to the construction and use of that vehicle and for obtaining all certificates, permits or other authorisations necessary before that vehicle can be used on any road.

His email of 9 October 2023 read as follows:

Thank you for your email. I do not require any amendments to the auction terms and conditions. However, I must inform you that I have decided not to sell the Alfa Romeo and withdraw it from the auction.

My email of 17 October 2023 read as follows:

Following your decision to withdraw the Alfa Romeo from our 2 December 2023 auction, I am attaching an invoice detailing the work done and expenses incurred by us in the preparations for the auction of that car.

I am also attaching our catalogue for the auction which now includes only the Bentley. The information about the Bentley is limited to that which you gave to me when we met on 11 September 2023. Please let me know if you have any queries or require any amendments.

You will see that the terms and conditions for the auction of the Bentley that I emailed to you on 5 October are on page 27 of the catalogue.

His email of 19 October 2023 read as follows:

I confess to being impressed by your auction catalogue which I approve. I trust the sale of the Bentley will proceed smoothly to a satisfactory conclusion for us both.

1. At the auction on 2 December 2023, the Bentley sold for 390,000. The buyer was Character Cars Plc of Leicester. We paid Mr Martinez the net sale proceeds after deducting both our commission and the expenses for the Alfa Romeo.

Signed:

Harmanpreet Kaur

Harmanpreet Kaur

Dated: 1 February 2024.

Document B

Claim Number 2X9876

IN THE CIVIL NATIONAL BUSINESS CENTRE

BETWEEN

Mr Raul Martinez Claimant

and

Vintage Motor Sales Ltd Defendant

PARTICULARS OF CLAIM

1. At all material times, the Defendant carried on business as a specialist auctioneer of classic cars.
3. By an oral contract made on 11 September 2023 at 15 Normandale Avenue, Weyford, at a meeting between the Claimant and the Defendant, the Defendant being represented by its managing director, Harmanpreet Kaur,the Claimant instructed the Defendant and the Defendant agreed to sell by auction on 2 December 2023 the Claimant's1952 Bentley MKV Park Ward Drophead Coupe ("the Bentley").
5. It was an express term of the contract that the sale of the Bentley was to be subject to a reserve of 410,000.
7. It was an implied term of the contract that the Defendant would exercise reasonable skill and care in providing its services as auctioneers.
9. In breach of the contract, at the auction on 2 December 2023, the Defendant failed to sell the Bentley for at least the reserve price.
11. Particulars of Breach
13. 5.1 The Defendant sold the Bentley to the highest bidder,Character Cars Plcfor only 390,000.
15. 5.2 The Defendant should not have sold the Bentley toCharacter Cars Plcas the reserve of 410,000 was not met.
17. In further breach of the contract, the Defendant failed toexercise reasonable skill and care in providing its services as auctioneers.
19. Particulars of Breach
21. 6.1 The Defendant's auction catalogue described the Bentley as having had installed a fully overhauled 4.5 litre engine in 2016, whereas the Bentley's engine had only been partially overhauled in 2016.
26. 6.2 The Defendant failed to impose onCharacter Cars Plcan exclusion of all conditions and warranties as to the fitness or quality of the Bentley.
28. As a consequence of the Defendant's breachesof the contract, the Claimant suffered a loss on the sale of the Bentley. In addition, the Claimant was threatened with legal proceedings by Character Cars Plcfor misrepresentation as to the condition of the Bentley's engine. The Claimant reasonably compromised that claim by making a payment of63,000toCharacter Cars Plc.
30. By reason of the breaches of the contract, the Claimant has suffered loss and damage.
32. Particulars of Loss and Damage
34. 8.1 Loss from the sale: 20,000.
36. 8.2 Compensation paid toCharacter Cars Plc: 63,000.
38. The Claimant claims interest on damages awarded under section 69 of the County Courts Act 1984 for such period and at such rate as the court sees fit.
40. AND THE CLAIMANT CLAIMS:
42. (a) Damages pursuant to paragraph 8 above; and
43. (b) Interest pursuant to paragraph 9 above.

AZBY & Co

AZBY & Co, solicitors

Dated: 26 January 2024.

STATEMENT OF TRUTH

I believe that the facts stated in these Particulars of Claim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:Raul Martinez

RAUL MARTINEZ, Claimant

Dated: 26 January 2024.

The Claimant's solicitors are AZBY & Co of High Road Chambers, Weyford, Guildshire GU22 8NB, DX 247 Weyford 3 (ref: AH/P.i98), which is also the Claimant's address for service.

To: the Defendant and the Court

Document C

Ulaw LLP case analysis note of the claim by Mr Martinez against Vintage Motor Sales Ltd ("VMS") and VMS's defence to it.

The purpose of this note is to analyse the claim and our client's defence on the basis of the information currently available. At a later date we will consider what further evidence may be required.

Background information

At all material times, VMS carried on business as an auctioneer of classic cars.Mr Martinez was the owner of a 1952 Bentley MKV Park Ward Drophead Coupe ("the Bentley") and a 1945 Alfa Romeo 6C 2500 Sport Superleggera ("the Alfa Romeo").

Mr Martinez's allegation that an oral contract was made on 11 September 2023

It is the client's defence that no oral contract was formed with Mr Martinez on 11 September 2023 but only subsequently after Harmanpreet Kaur had checked that both cars could be included in the company's auction on 2 December 2023.

(NOTE TO CANDIDATES:You are required to complete the remainder of this case analysis note using the following headings.)

The express and/or implied terms on which VMS contracted with Mr Martinez for the auctioning of his Bentley and Alfa Romeo.

What happened under those terms to the Alfa Romeo?

Under which statutory provision does the implied term stated in paragraph 4 of the Particulars of Claim arise and how does it apply on the facts?

The facts on which the client relies to answer the allegations in paragraph 5 of the Particulars of Claim.

The facts on which the client relies to answer the allegations in paragraph 6 of the Particulars of Claim.

The facts on which the client relies to answer the allegations in paragraph 7 of the Particulars of Claim.

From what date did the limitation period for Mr Martinez's claim start, when will it expire and why?

What are the potential consequences for Mr Martinezof his failure to contact VMS before commencing the court proceedings and why?