Using legal principles, outline the elements that must be present to form a legally binding contract
LAW7LFS Law for Surveyors
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Module name |
Law for Surveyors |
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Module code |
LAW7LFS |
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Level |
7 |
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Module start month and year |
September 2022 |
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Module pass mark |
50 |
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Assignment |
1 |
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Assignment due time and date |
10.00 a.m. (UK time), Tuesday 6 December 2022 |
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Word count (see section below for info) |
3,000 |
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Assignment weighting |
60% |
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Module learning outcomes assessed |
LO2, LO3 (see module ‘Assessment tab’ for details) |
If you have any questions about this assessment, please contact your Module Team using the Assignment forum in the relevant ‘Assessment preparation’ week on the VLE.
Scenario
You are a surveyor on the staff of a well-known established consultancy M Harris LLP. Your client, Thistlewood Holdings PLC, is the owner and operator of ‘The Paradise Centre’, a large, modern, mixed-use retail site based in the City of Liverpool, UK.
Your client recently appointed a contractor known as Axis Limited to undertake the major refurbishment of its ‘flagship’ luxury retail unit located within The Paradise Centre.
A brief pre-commencement site meeting was held to discuss the works, but no contract was formalised between Thistlewood Holdings and Axis. As Axis have worked with your client previously without issue, a contract was not considered to be necessary.
The contractor had progressed works to the satisfaction of your client until a recent design team meeting held midway through the project. At that meeting Thistlewood Holdings confirmed that as Axis had overvalued their previous application for payment, your client intends to deduct the overpayment from the contractors next payment application. At the same meeting, Axis responded to suggest that far from overvaluing the previous payment application, your client had in fact significantly undervalued the same application.
Senior surveyors from both organisations hold urgent talks to try to rectify the situation but fail to make progress on this issue and a wide range of other complex technical points relating to structural alterations and mechanical and electrical services. Axis threatens to suspend all works imminently if the matters cannot be resolved within the next one to two months. The parties are now engaged in an ongoing dispute.
Your client cannot tolerate a significant delay to completion of the refurbishment of the unit. The Paradise Centre is under financial pressure to re-let the prime retail unit and has been receiving negative publicity on social media and in local press relating to their failure to re-let the prominent premises.
To move forward, your client considers that their only remaining option is to take matters to court in order to obtain a decision on the sums in dispute. Your client seeks your advice.
Task
Use your knowledge of the law of contract and dispute resolution methods to write a report that advises your client, Thistlewood Holdings, on the enforceability of their agreement with Axis together with the most appropriate method/s that could be used to resolve the points in dispute between the parties.
Your report must provide legal advice and you should:
- using legal principles, outline the elements that must be present to form a legally binding contract;
- use your knowledge of contract formation to critically examine whether an agreement has been formed between the parties using appropriate legal principles;
- examine the scenario facts to reach reasoned conclusions as to the most effective form(s) of dispute resolution available to Thistlewood Holdings in the context of the presented scenario.
Reference list and bibliography
You should include a reference list with a minimum of ten separate relevant and appropriate sources that you have written about and cited within your work.
You should also include a bibliography list with a minimum of ten separate relevant and appropriate sources that have influenced your thinking but are not cited in your work.
Additional information
Further information to support you with this assignment is available within the study materials for this module on the UCEM VLE.
It is recommended that you engage with the Assignment briefing webinar and Assignment forum, as the module team may signpost relevant learning activities and also answer any questions you may have.
Marking guidance for this activity
This guidance is designed to help you to do as well as possible in your assessment by explaining how the person marking your work will be judging it.
Your work will be assessed in relation to the requirements set out in the assessment criteria marking guide at the end of this document and the grading guidance section below.
It is recommended that you read both of these sections before starting your assessment to learn what will help you to achieve the highest marks. Before submitting your assessment you should review it to check you have produced what is required to achieve the highest marks.
When you receive your feedback from your tutor you should be able to see where you gained marks and, where relevant, recommendations about how to improve your performance going forward.
Grading guidance
This grading guidance section explains in more detail what a submission for this assessment should include in order to achieve a mark at the threshold, good and excellent standards.
Threshold
You will have demonstrated some knowledge of the relevant legal principles of the law of contract, and methods of dispute resolution. You will have attempted to apply critical analysis in order to reach reasoned conclusions. Legal and academic authority will be adequately referenced in accordance with the recommended guidance. Referencing will be sufficiently complete. Using legal principles, outline the elements that must be present to form a legally binding contract
Good
You will have met the criteria for Threshold and will have demonstrated good knowledge of the relevant legal principles of the law of contract and methods of dispute resolution which will be explained logically with a sound level of critical analysis to reach reasoned conclusions. Legal and academic sources will be mostly referenced in accordance with the recommended guidelines.
Referencing will be mostly complete.
Excellent
You will have met the criteria for Good and your report will demonstrate outstanding knowledge of the relevant legal principles of the law of contract and methods of dispute resolution which will be explained and critically and logically applied to reach reasoned conclusions with justified arguments. Your answer will be supported by legal authority which will be referenced in accordance with the recommended guidance. Referencing will be comprehensive, accurate and complete.
Word count and overwriting
Exceeding 10% of the stated word count may limit the marks allocated for communication (see assessment criteria marking guide below).
The following table outlines the inclusions and exclusions in the word count of the most common features of assessed pieces of work. Not all these features may be relevant to your assignment; please refer to the assignment task for confirmation of which features are required.
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Included in wordcount |
Excluded from wordcount |
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Introduction |
Executive summary/abstract |
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Main body |
Title page/front cover |
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Footnotes/endnotes |
Contents List |
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In text citations |
Calculations |
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Words in tables |
Drawings/Images |
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Conclusion |
List of references |
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Recommendations |
Bibliography |
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Headings and titles, except for those explicitly excluded |
Appendices |
The total number of words used must be stated on the first page of your assessment.
Avoiding academic misconduct (Academic integrity)
Academic misconduct is a serious offence. Types of misconduct include, but are not limited to: plagiarism, self-plagiarism, collusion, or contracting a third party to write your assessment. It is important that your assessment shows academic integrity. You must ensure that you reference sources you have used and check the originality of your work before submission. Please see the ‘Assessment preparation’ week for more information on academic misconduct, including guidance on how to avoid academic misconduct, how to check your work, and how UCEM checks all submitted assessment for academic misconduct.
ASSESSMENT CRITERIA MARKING GUIDE
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LEVEL 7 |
Weight- ing % |
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1. COMMUNICATION |
15 |
0–2 Inadequate |
3–5 Limited |
6–7 Below threshold |
8 Threshold |
9–10 Good |
11 Excellent |
12–15 Outstanding |
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Relevance to task
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Irrelevant and addresses neither the task nor the needs of the intended audience. |
Largely irrelevant and does not effectively address the task or the needs of the intended audience. |
Partially relevant and attempts to address the task and the needs of the intended audience with significant irrelevance or omissions. |
Sufficiently relevant to the task and the needs of the intended audience to meet the learning outcomes. |
Consistently relevant to the task and focussed on the requirements of the intended audience. |
Highly relevant to the task and precisely focussed on the requirements of the intended audience. |
Completely relevant to the task and fully focussed on the requirements of the intended audience. |
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Structure and presentation
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A lack of structure beyond a loosely connected list of points. |
Largely unstructured and does not have a clear logical flow. |
Inconsistent structure and logical flow. |
Adequate Structure and logical flow. |
Capable structure and logical flow. |
Advanced structure and logical flow. |
Proficient structure and logical flow. |
|
Presentation format is inappropriate.
Communication is obstructed. |
Presentation format is ineffective.
Communication is hindered. |
Presentation format is confused.
Communication is only partially effective. |
Presentation format is satisfactory.
Communication is sufficient to meet the learning outcomes. |
Presentation format is effective.
Communication is sound. |
Presentation format is sophisticated.
Communication is articulate. |
Presentation format is innovative.
Communication is insightful. |
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Grammar
|
|
Use of grammar is deficient and meaning is obstructed. |
Significant grammatical errors and meaning lacks clarity. |
Several grammatical errors and meaning conveyed insufficiently clearly. |
Notwithstanding some minor errors and oversights, grammar and clarity of meaning are sufficient to meet the learning outcomes. |
Grammar usage is capable and conveys meaning effectively. |
Grammar usage is advanced and conveys meaning precisely. |
Grammar usage is exceptional and conveys meaning eloquently. |
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2. KNOWLEDGE AND UNDERSTANDING |
20 |
0–3 Inadequate |
4–7 Limited |
8–9 Below threshold |
10–11 Threshold |
12–13 Good |
14–15 Excellent |
16–20 Outstanding |
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Systematic knowledge and understanding of the key aspects of the field of study |
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Inadequate systematic knowledge and understanding of the field of study. |
Limited systematic knowledge and understanding of the field of study. |
Insufficient systematic knowledge and understanding of the field of study. |
Sufficient systematic knowledge and understanding of the field of study to meet the learning outcomes. |
Good systematic knowledge and understanding of the field of study to meet the learning outcomes. |
Excellent systematic knowledge and understanding of the field of study to meet the learning outcomes. |
Outstanding systematic knowledge and understanding of the field of study to meet the learning outcomes. |
|
Critical awareness of current problems and/or new insights at or informed by the forefront of the academic discipline |
Inadequate level of critical awareness of current problems and/or new insights, very little, if any, of which has been informed by the forefront of the academic discipline. |
Unsatisfactory level of critical awareness of current problems and/or new insights, little of which has been informed by the forefront of the academic discipline. |
Basic level of critical awareness of current problems and/or new insights, some of which has been informed by the forefront of the academic discipline. |
Adequate level of critical awareness of current problems and/or new insights, much of which has been informed by the forefront of the academic discipline. |
Sound level of critical awareness of current problems and/or new insights, most of which has been informed by the forefront of the academic discipline. |
Comprehensive level of critical awareness of current problems and/or new insights, nearly all of which has been informed by the forefront of the academic discipline. |
Exceptional level of critical awareness of current problems and/or new insights, all of which has been informed by the forefront of the academic discipline. Using legal principles, outline the elements that must be present to form a legally binding contract |
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3. USE AND APPLICATION OF SOURCE MATERIAL |
20 |
0–3 Inadequate |
4–7 Limited |
8–9 Below threshold |
10–11 Threshold |
12–13 Good |
14–15 Excellent |
16–20 Outstanding |
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Application of UCEM Harvard referencing style |
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A minimal number of sources have been referenced. The referencing system is applied incoherently. |
Referencing is unsatisfactory due to significant omissions, inaccuracies or inconsistencies in the application of the referencing system. |
Referencing is insufficient due to several omissions, inaccuracies or inconsistencies in the application of the referencing system. |
Referencing is sufficiently complete, accurate and consistent in the application of the referencing system to meet the learning outcomes. |
Referencing is competent with mostly complete, accurate and consistent application of the referencing system. |
Referencing is comprehensive with complete, accurate and consistent application of the referencing system with minimal errors. |
Referencing is comprehensive and applied faultlessly. |
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Source Materials |
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|
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|
|
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Minimal and incoherent selection of course materials. |
Ineffective selection of course materials with significant omissions. |
Inconsistent and inaccurate selection of course materials. |
Adequate selection of course materials. |
Competent selection of course materials. |
Sophisticated selection of course materials. |
Innovative selection of course materials. |
|
|
Independent research is minimal and has not been informed by scholarship at the forefront of the academic discipline. |
Independent research is incomplete and unsatisfactory. It has not been informed by any notable scholarship at the forefront of the academic discipline. |
Independent research is basic and has partially been informed by appropriate scholarship at the forefront of the academic discipline. |
Independent research is sufficient and has been at least partially informed by appropriate scholarship at the forefront of the academic discipline, sufficient to meet the learning outcomes. |
Independent research is competent and has been informed by a reasonable amount of appropriate scholarship at the forefront of the academic discipline. |
Independent research is advanced and has been informed by a comprehensive range of authoritative scholarship at the forefront of the academic discipline. |
Independent research is proficient and has been informed by the full range of authoritative scholarship at the forefront of the academic discipline. |
|
|
Industry practice and personal experience omitted or irrelevant. |
Limited and incomplete reference to industry practice and personal experience. |
Simple reference to industry practice and personal experience. |
Satisfactory reference to industry practice and personal experience. |
Clear reference to industry practice and personal experience. |
Perceptive reference to industry practice and personal experience. |
Insightful reference to industry practice and personal experience. |
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Originality in the application of knowledge |
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Originality in the application of knowledge is inadequate and incoherent. The assessed work is not informed or improved by the source materials. |
Originality in the application of knowledge is ineffective and unsatisfactory. The assessed work is informed and improved in a limited manner by the source materials. |
Originality in the application of knowledge is inconsistent and partial. The assessed work is informed and improved in a basic manner by the source materials. |
Originality in the application of knowledge satisfactory and adequate. The assessed work is informed and improved in an adequate manner by the source materials, sufficient to meet the learning outcomes. |
Originality in the application of knowledge is competent and clear. The assessed work is informed and improved in a reasonable manner by the source materials. |
Originality in the application of knowledge is perceptive and accurate. The assessed work is informed and improved in a comprehensive manner by the source materials. |
Originality in the application of knowledge is innovative and insightful. The assessed work is informed and improved in an exceptional manner by the source materials. |
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4. EVIDENCE BASED CRITICAL ANALYSIS |
20 |
0–3 Inadequate |
4–7 Limited |
8–9 Below threshold |
10–11 Threshold |
12–13 Good |
14–15 Excellent |
16–20 Outstanding |
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Practical understanding of how established techniques of research and enquiry are used to create and interpret knowledge |
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Minimal understanding of how established techniques of research and enquiry are used to create and interpret knowledge. |
Unsatisfactory understanding of how established techniques of research and enquiry are used to create and interpret knowledge. |
Insufficient understanding of how established techniques of research and enquiry are used to create and interpret knowledge. |
Sufficient understanding of how established techniques of research and enquiry are used to create and interpret knowledge. |
Effective understanding of how established techniques of research and enquiry are used to create and interpret knowledge. |
Sophisticated understanding of how established techniques of research and enquiry are used to create and interpret knowledge. |
Insightful understanding of how established techniques of research and enquiry are used to create and interpret knowledge. |
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Critical analysis
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Analysis of the source materials is superficial, deficient or minimal |
Analysis of the source materials is shallow ineffective or incomplete. |
Analysis of the source materials is insubstantial, inaccurate or inconsistent. |
Analysis of the source materials is adequate and of sufficient depth to meet the learning outcomes. |
Analysis of the source materials is substantial clear and competent. |
Analysis of the source materials is rigorous, accurate and comprehensive. |
Analysis of the source materials is profound, proficient and very advanced. |
to the demands of the task |
Analysis is not applied to the demands of the task. |
Analysis is applied unsatisfactorily to the demands of the task. |
Analysis is partially applied to the demands of the task. |
Analysis is satisfactorily applied to the demands of the task. |
Analysis is reasonably applied to the demands of the task. |
Analysis is perceptively applied to the demands of the task. |
Analysis is innovatively applied to the demands of the task. |
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Development of arguments
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Arguments and justifications are incoherent and deficient. There is minimal evidence of an attempt to develop or sustain an argument. |
Arguments and justifications are unsatisfactory and ineffective. The development of arguments is incomplete and not sustained. |
Arguments and justifications are confused and inaccurate. The development of arguments is inconsistent and partially sustained with significant omissions. |
Arguments and justifications are satisfactory and sufficient to meet the learning outcomes. The development of arguments is basic and sustained adequately. |
Arguments and justifications are clear and reasonable. The development of arguments is fair and sustained competently. |
Arguments and justifications are advanced and sophisticated. The development of arguments is sophisticated and sustained comprehensively. |
Arguments and justifications are ambitious and exceptional. The development of arguments is insightful and fully sustained. You are a surveyor on the staff of a well-known established consultancy M Harris LLP. Your client, Thistlewood Holdings PLC, is the owner and operator of ‘The Paradise Centre’, a large, modern, mixed-use retail site based in the City of Liverpool, UK. |
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Technical ability (where appropriate)
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Drawings are incorrect or omitted |
Drawings are incomplete or with significant omissions |
Drawings are inaccurate and only partially completed |
Drawings are completed at a basic level sufficient to meet the learning outcomes. |
Drawings are completed at a competent level |
Drawings are completed accurately |
Drawings are completed to an exceptionally high standard |
|
Calculations are incorrect or omitted |
Calculations are incomplete with significant omissions |
Calculations are inaccurate and only partially completed |
Calculations are completed at a basic level sufficient to meet the learning outcomes. |
Calculations are completed at a competent level |
Calculations are completed accurately |
Calculations are completed to an exceptionally high standard |
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Selection of information is incorrect or minimal. Information is applied inadequately or incoherently to the task. |
Selection of information is incomplete with significant omissions. Information is applied ineffectively or unsatisfactorily to the task. |
Selection of information is inconsistent and partial. Information is applied inaccurately to the task. |
Selection of information is satisfactory and sufficient to meet the learning outcomes. Information is applied adequately to the task. |
Selection of information is clear and reasonable. Information is applied competently to the task. |
Selection of information is accurate and comprehensive Information is applied perceptively to the task. |
Selection of information is proficient and insightful Information is applied innovatively to the task. |
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5. INSIGHT, INTERPRETATION AND EVALUATION |
25 |
0–4 Inadequate |
5–9 Limited |
10–12 Below threshold |
13–14 Threshold |
15–17 Good |
18–19 Excellent |
20–25 Outstanding |
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Systematic and creative approaches to complex issues |
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Inadequate self- direction and originality in tackling and solving problems and in implementing tasks at a professional level. |
Ineffective self- direction and originality in tackling and solving problems and in implementing tasks at a professional level. |
Insufficient self- direction and originality in tackling and solving problems and in implementing tasks at a professional level. |
Sufficient self-direction and originality in tackling and solving problems and in implementing tasks at a professional level to meet the learning outcomes. |
Competent self- direction and originality in tackling and solving problems and in implementing tasks at a professional level. |
Successful self- direction and originality in tackling and solving problems and in implementing tasks at a professional level. |
Exceptional self-direction and originality in tackling and solving problems and in implementing tasks at a professional level. |
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Critical evaluation of current research and advanced scholarship in the discipline |
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Any evaluation of current research and advanced scholarship in the discipline is unsubstantiated and unstructured. |
Evaluation of current research and advanced scholarship in the discipline is unsatisfactory in its reasoning. |
Evaluation of current research and advanced scholarship in the discipline is simple in its reasoning. |
Evaluation of current research and advanced scholarship in the discipline is adequate in its reasoning. |
Evaluation of current research and advanced scholarship in the discipline is competent in its reasoning. |
Evaluation of current research and advanced scholarship in the discipline is sophisticated in its reasoning. |
Evaluation of current research and advanced scholarship in the discipline is ambitious and convincing in its reasoning. |
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Judgements in the absence of incomplete data |
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Judgments in the absence of incomplete data and/or conclusions are deficient. |
Judgments in the absence of incomplete data and/or conclusions are inaccurate. |
Judgments in the absence of incomplete data and/or conclusions are confused. |
Judgments in the absence of incomplete data and/or conclusions are satisfactory and sufficient to meet the learning outcomes. Using legal principles, outline the elements that must be present to form a legally binding contract |
Judgments in the absence of incomplete data and/or conclusions are clear and appropriate. |
Judgments in the absence of incomplete data and/or conclusions are perceptive. |
Judgments in the absence of incomplete data and/or conclusions are insightful. |
