Module Code 77-602350 LAW ECONOMICS AND FINANCE Professional Report

Solution.pdf

Description of Assignment

You are working as a trainee property manager with Pad Properties. Pad Properties builds and operates student accommodation blocks in the UK. Pad has recently built a studentaccommodation block in Sheffield which your team is responsible for. The following issues have occurred on which your manager requires advice.

Write a professional report to your manager explaining and advising on the following issues:

1.Pad agreed with a local electrical contractor that they would install the lighting in the new accommodation block. The work to be done was agreed verbally and a price of £25,000 (excluding VAT) was discussed. However nothing was written down and nothing was signed by Pad. The electrical contractor has completed the work but now says that because of increases in the cost of the lighting equipment since Pad agreed the work, they will be invoicing Pad for £32,000 (excluding VAT).  

Explain, giving full reasons:

• the requirements for formation of a contract;

• whether theoral contract can potentially be legally valid;

• whether Pad have to pay the contractor the additional £7,000 they are now asking for; 

• the benefits and drawbacks of contracts made orally as opposed to those made in writing; and

• what steps Pad could take to avoid this situation arising in future.

2.The student accommodation has been completed and students are now living there.  The electrical contractor was at the accommodation fixing a defective lighting unit in the entrance area. A student tripped over some tools that had been left on the floor by the contractor and broke her ankle. 

Explain, giving full reasons:

• whether Pad could have liability in these circumstances;

• what different types of legal liability Pad could have in these circumstances and how that liability would be determined; and

• how Pad might avoid such claims in the future. 

3.Pad is currently asking contractors to submit tenders for building a new student accommodationblock on your site in Sheffield. One of the contractors has sent Pad's contracts manager two free tickets for the football FA Cup Final. The contracts manager has not accepted these and has reported this situation to the manager. 

What are the legal and ethical implications of this offer and how could Pad avoid this situation in the future?

Your report must be written under English Law and include explanation of relevant statute and case law.

• All typed work should be Arial (11pts) or Calibri (12pts).

• You should use the APA referencing system.

• Please state the number of words used at the end of the assignment.

• Word counts include the entire assessment submission, with the exception of references and appendices.

• Work up to the word limit will be marked. Any work in excess of the word limit will not be marked.

• More specific guidance on this assignment can be found on Blackboard under "Assessment" and will also be provided in your teaching sessions.

Learning Outcomes

This assessment is linked to the following learning outcomes:

• Interpret and accurately define tasks concerned with identifying, researching, evaluating and

managing the impact of law and legal processes upon the built environment and demonstrate an appreciation of how law and management of liability affect the ownership and management of commercial property.

• Identify and criticallyevaluate types and sources of law (e.g. statute, case law, contract terms) and key legal doctrines and concepts (e.g. negligence, caveat emptor, misrepresentation) and their relevance to ownership and management of commercial property.

• Identify and explain in a practical context ethical issues which ought to be considered by

professionals involved in the ownership and management of commercial property.

Assessment Criteria

Please see marking grid below.

Cheating and Plagiarism

ACADEMIC MISCONDUCT:

"Academic misconduct is any action, attempted action or omission that may result in you gaining an unfair advantage over other students in an assessment, where there is evidence to demonstrate that your actions or behaviour arose from an intention to deceive the marker. It is a breach of the Code of Academic Conduct and as such will be investigated under the Academic Conduct Regulation. It is a serious matter and has the potential to result in a number of sanctions which could impact on your ability to progress academically.

Acts of misconduct may take many forms. Indicative definitions can be found within the Academic Conduct Regulation."

**The penalties for academic misconduct are severe and could result in you being terminated from your programme of study at the University**

Further information is available at: 

• https://students.shu.ac.uk/shuspacecontent/academic-misconduct

• https://students.shu.ac.uk/regulations/conduct_discipline/Academic%20Conduct%20Regulations%202018-19.pdf

Submission of your Assignment

Online Submission

• You need to submit your assignment electronically via the module site by the date and time specified on Blackboard. 

• Your last submitted attempt will be the attempt that is marked.

• Your work must be submitted as a Microsoft Word file.

• Filenames should use only letters, numbers, hyphens and underscores, and should be less than 72 characters in length.  

• Do not password protect your file(s).

• Please ensure your file is smaller than 250 MB or you will be unable to submit it to Blackboard.

• It is your responsibility to ensure that your work is successfully submitted. Always check your email receipt and the submission point again following each submission.

• More guidance on online submission, including contacts for IT help can be found on the Assessment4Students webpage: https://academic.shu.ac.uk/assessment4students/

• If you have a learning contract which recommends the use of stickers for your work please make sure that you type the wording of the sticker at the top of your assignment – preferably in red so that it is as visible as possible for markers.

• Back-up and keep a copy of your work.

Turnitin

On this course, Turnitin is available as a facility for you to check your work for referencing accuracy prior to your final submission.  You can find this in the 'Drafting your work' folder on Blackboard. We also require you to upload your final submission to Turnitin as an aid to academic judgement of your work. We will provide a separate Turnitin upload facility next to your final Blackboard submission point for this purpose. If tutors have any concerns about the originality of your work then you will be notified. 

Return of your marked Assignment and Feedback/Feedforward

Your work will be returned to you electronically. You will be given feedback in the form of the  marking rubric attached including a personal commentary on aspects of your work. You may also receive annotations on your work showing specific examples of good practice and areas for improvement. 

You will also have the opportunity to meet with a module tutor and obtain general feedback on a group basis and individual one to one feedback.

In-Module Retrieval of an Assessment Task

If you have made an initial valid attempt but achieved below the pass mark, you may choose to rework the assessment task once only.

To be a valid attempt, the initial coursework submission must be capable of being marked against the marking criteria set. There must be some genuine attempt to answer the brief in the format required.

If you take the in-module retrieval and you pass the reworked assessment task, the mark for this assessment task will be capped at the pass mark.

If you rework the assessment task and your mark is lower than your original mark, then the original mark stands.

Refer to the module site for in-module retrieval submission dates. This date will be set by your module leader.

Having taken or declined your in-module retrieval opportunities, if you do not pass the module on second attempt you will be referred and will have to undertake a further piece of referral assessment to pass the module.

LAW ECONOMICS AND FINANCE

COURSEWORK 2 FEEDBACK 

Please read this in conjunction with the comments on your script and the generic feedback which will be provided to all students both electronically and in class.

Marking Grid (Rubric)