Topic: Tort of private nuisance on its legal liability to Rebecca and the Occupier’s Liability Act 1957

Scenario
Keith is the owner of a Princess Conference Hall which he is in the process of refurbishing. On 20 November he entered into a contract with Multi Media PLC (‘MM’). The contract price was £100,000 for which MM agreed to install new high-tech integrated audio – visual equipment and air conditioning. It was agreed that the work had to be finished by 20 December in time for it be used for the annual property
conference booked on the 22 December.
On 15 December MM informed Keith that due to problems in finding specialist sound technicians they would not be able to complete the installation until 5 January. Keith reluctantly agreed to pay MM an
extra £50,000 to allow them to hire additional technicians to ensure that the work was completed on time and to avoid having to cancel the conference. MM hired extra electricians and worked longer hours to
complete the work as agreed on 20 December.
Keith also entered into a contract with Office Solutions Ltd (‘OS’) who agreed to supply 2,000 chairs for the conference. The contract price was £5,000. The chairs were delivered on 21 December.
On 22 December one of Keith’s employees fell ill and was unable to hand out welcome packs to the delegates. Keith asked his friend Simon, who often helped at conferences, whether he would step in and hand out the welcome packs. Simon agreed and handed out the materials. The next day Keith promised to pay Simon £100 for his trouble.
The December conference period was not as lucrative as Keith had anticipated and as a result he was unable to pay OS the full £5,000. OS who were also in financial difficulties, agreed to accept payment of
£4,000 in full settlement.
OS are now seeking to recover the outstanding £1,000 owed by Keith.
Keith is also refusing to pay the extra £50,000 promised to MM and the £100 promised to Simon.
Task
Critically evaluate the scenario above. Using your knowledge of contract law, advise Keith whether:
a. OS can recover the outstanding £1,000 from Keith;
b. MM can recover the outstanding £50,000 from Keith; and
c. Simon can recover the £100 from Keith.
Your answer should be in an essay format, please see additional guidance below. (Do not produce your answers in the style of a letter or report.)
Additional guidance
You will be marked using the standard assessment criteria marking guide. The following points provide further guidance on what is expected in your answers:

  1. Communication
    Give legal advice rather than practical advice. Use objective, impersonal formal language.
    When answering legal questions, you should:
    • Firstly, identify the issues;
    • Then, explain the legal principles; and
    • Finally, apply those principles to the question.
    Your final paragraph should summarise the points made in your answer and draw any conclusions from them.
  2. Knowledge and understanding
    Your answers should show that you have applied the legal principles to the questions/scenario.
  3. Use and application of source material
    All key sources should be cited following the UCEM Harvard Referencing system.
    You should include a reference list of all relevant and appropriate sources that you have written about
    and directly cited within your work.
    You should also include a bibliography of all relevant and appropriate sources that have influenced your thinking but are not cited in your work.
    Your answers should display knowledge and understanding from a variety of sources including UCEM course materials and wider reading. They should and be properly founded on case law and/ or statutes
    and further challenged and tested via expert legal opinion delivered from legal commentaries in law journals etc. The use of legal journals and published opinion is encouraged to help support and justify
    your findings.
    When referring to a decided case the important thing is to state the court’s decision and the reason for that decision and show how it applies to your answer.
    You should use the full names and dates of cases and statutes when first mentioned. Subsequently they may be abbreviated.
  4. Evidence based critical analysis
    Your answers should show a clear critical analysis of the legal issues and their analytical and logical application to the questions. You should reach clear and reasoned recommendations.
  5. Insight, interpretation and evaluation
    Your answers should show a clear and explicit interpretation of the legal principles together with some recognition between the tasks and how they reside in the wider legal context.

Type of service: Academic paper writing
Type of assignment: Essay
Subject: Law
Pages/words: 12/3000
Number of sources: 13
Academic level: Masters
Paper format: Harvard
Line spacing: Single
Language style: UK English

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