identify clearly the parties to the dispute in each of the above and indicate prospects of success in any legal action.
 

FACULTY OF BUSINESS AND LAW

 

Module Title: Commercial Law

Marking and feedback deadline (20 working days after end of grace period): As soon as practicable and in line with relevant exam boards

 

N.B. all times are 24-hour clock, current local time (at time of submission) in the UK

Assessment Instructions

Presentation Assessment – brief

You are the Director of Legal for Wooden Wonderland, a gardening business. You have recently received an email from Sadia Parker (below) who is the Director of Procurement for Wooden Wonderland.

Wooden Wonderland Limited (WW) is a national gardening business, operating throughout the UK. It supplies landscape gardener businesses with wooden landscaping products such as fences, railway sleepers and sheds. WW gets its products from fence manufacturers.

EMAIL:

Hi,

We have two issues which we need some legal advice on please.

Firstly, we purchased some of the very popular ‘Roman’ trellis fences from Troy Hills, an agent for South West Fencing Limited, who we’ve been buying from for the last two years. Troy committed to sell us 2,000 of the Roman trellis fence panels last month, with delivery due later this month. We have in turn now entered into contracts to sell these trellises to various customers as the demand for them is huge at present. However, we’ve just been told by South West Fencing Limited that their agent wasn’t authorised to sell us more than 500 Roman trellis panels and so they are not bound to fulfil this order to us. We did not know that Troy was only authorised to sell up to 500 panels of a particular type of trellis. In fact we’ve purchased larger amounts of fence panels via him before, so this is a shock. We have already committed to sell the amount we agreed with him. Is there anything we do to force them to honour the agreement with their agent?

The second issue we’d like legal advice on is that Wooden Wonderland Ltd purchased 200 wooden sheds 3 months ago from Shedland Limited and has sold them all to landscape gardener businesses. It has now been brought to our attention by customers that the sheds have all developed serious cracks and many have been breaking up with normal wear & tear. This type of shed normally lasts for around 5 years, so for so many of them to be breaking so quickly indicates that they are sub-standard. There is no manufacturer’s warranty provided and no guarantees were made to us when we purchased the sheds. The seller is Shedland Ltd and they have refused to admit liability. Do we have any cause of action against them?

Kind regards,

Director of Procurement

Wooden Wonderland Limited

 

You are asked to present your analysis of the case to the rest of the Board via a recorded presentation, which is to be submitted on 18 July 2022. In your presentation you should:

  • Provide an overview of the facts of the case.
  • With reference to relevant legal authority, explain (with reasons):
  • whether Wooden Wonderland Ltd can force South West Fencing Ltd to honour the contract made with Troy; and
  • whether Wooden Wonderland Ltd has any cause of action against Shedland Limited in relation to the sheds.
  • You should identify clearly the parties to the dispute in each of the above and indicate prospects of success in any legal action.
  • Draw your presentation together with a conclusion/ next steps.

 

 

Assessment Format

  • The Oral Assessment requires that you submit three pieces of work:
    • Self-recorded oral presentation using Panopto (see below); and
    • Powerpoint slides used in that presentation; and
    • A bibliography must also be submitted.
  • All university regulations relating to plagiarism and other assessment offences apply to the oral presentations.
  • All written work submitted (e.g. your bibliography) should be word processed in 12 point font Times New Roman or Arial and double spaced. This does not apply to the presentation slides. However, it is your responsibility to ensure fonts used are clear and legible.

 

Self-recorded Presentation

  • The maximum amount of time allowed for the recorded presentation is 10 minutes.
  • You must use Panopto to record your presentation (see the Guidance below).
  • You must record yourself (using a webcam) and your slides.
  • You may use notes to help you throughout your presentation. However, you should not read from a pre-prepared script, nor should you simply read from your slides – doing so will affect your mark.
  • Name your presentation with just your student number before submitting it via blackboard.

 

PowerPoint Slides

  • Your first slide must contain your full name, student number and module name in Arial 48 point.

Bibliography

  • Your bibliography MUST be submitted in the form of a Word document and must provide details of all sources used in preparing for the oral assessment.

The Bibliography MUST be in OSCOLA format (Unless you are a Joint-Awards (e.g. Business and Law) student who has elected to use Harvard).