SUMMATIVE ASSIGNMENT INSTRUCTIONS
Coursework: 30% of total module mark
Instructions: (Points will be deducted for not following these directions)
Aim to write a 1500 word response to the problem set below. You will not be
penalised for word counts up to a maximum of 2000 words.
1) Standard Margins; 12 point; Calibri font; double spaced; paginated; include word count on first page.
2) Anonymous—No name or student number (points will be deducted for not following these directions)
3) Citation method—OSCOLA Oxford University Standard for Citation of Legal Authorities
a) Free reference guides at: http://www.law.ox.ac.uk/publications/oscola.php
b) Remember that FOOTNOTES do count as part of your overall WORD
c) NO BIBLIOGRAPHY IS REQUIRED
d) Improper citations will lead to a maximum of 10% reduction in overall mark.
ANSWER THE FOLLOWING QUESTION:
Blake is the sole proprietor of the Duke and Hound, a local pub in the Islington borough of London. During the Covid-19 lockdown, which is effective throughout all of England, Blake decides to renovate his pub. He would like to have cabinets refurbished and to extend the bar in a U-shape, which he believes will allow for better customer service. He asks a local
carpenter, Modern Builders Ltd., with whom he has contracted previously, for a quotation.
The carpenter sends Blake a quotation through the post of £4,500 and asks him to sign it, and to send it back to him. At the bottom of the document, the quotation indicates in small writing that all terms and conditions can be found on the reverse side. Blake but does not look at the reverse side but phones Modern Builders to accept their quotation.
Two months later Modern Builders has finished the renovations and Blake hosts his staff in the newly refurbished pub to celebrate the end of the lockdown. To his surprise he finds that the pub smells strongly of chemicals that have been used to treat the wood, and that the colour of the wood that has been treated with the chemical-based lacquer is much darker than his specification, which provided for a natural wood colour. Towards the end of the evening people can be heard coughing and begin to complain of headaches and sore throats. These symptoms last for several days and Blake has been forced to seek medical attention, and has needed to take time off from work. As he has tested negative for Covid19, it is certain that the chemicals used by Modern Builders to treat the wood in the pub are the direct cause of Blake’s symptoms.
Blake wants to sue Modern Builders for damages in relation to: his illness and absence from work; removal of the toxic chemical substance and retreatment with an appropriate chemical lacquer which produces a natural wood colour.
When Blake contacts Modern Builders, he learns that the chemical-based lacquer is a new product that Modern Builders has developed but which has not been previously tested.
Modern Builders is unwilling to take responsibility and refers Blake to the company’s terms and conditions, which state that:
(7) No guarantee can be given that the final colour of any wood treated with chemical-based lacquer will exactly match the customer’s specification as oxidation may affect the colouring process.
(11) Modern Builders excludes its liability for any damages which may arise from any cause whatsoever as a result of its building works.
Advise Blake as to whether Modern Builders can rely on these clauses to avoid or limit their liability.
Type of assignment: Academic paper writing
Type of assignment: Coursework
Number of sources: 5
Academic level: Bachelor
Paper format: OSCOLA
Line spacing: Double
Language style: UK English