NATIONAL ECONOMICS UNIVERSITY

INTERNATIONAL SCHOOL OF MANAGEMENT AND ECONOMICS

HIGHER NATIONALS
BTEC HIGHER NATIONAL DIPLOMA IN BUSINESS (RQF)

Unit Code, Number and Title H/508/0492 RQF level 4 - Unit 7: Business Law

Semester and Academic Year Semester 2 / Academic year 2018 - 2019

Unit Assessor(s) Cao Xuan Phong / Nguyen Hoang Nhat Thi

Assignment Number and Title BL A1.1: Assessment 1 of 1, Individual assignment

Issue Date May 12th , 2019

Submission Date 10:00am, May 31st , 2019
IV Name Dong Xuan Dam

IV Date May 8th, 2019

NEU /
Student’s name
Pearson ID

Plagiarism is a particular form of cheating. Plagiarism must be avoided at all costs and students who break
the rules, however innocently, may be penalised. It is your responsibility to ensure that you understand
correct referencing practices. As a university level student, you are expected to use appropriate references
throughout and keep carefully detailed notes of all your sources of materials for material you have used in
your work, including any material downloaded from the Internet. Please consult the relevant unit lecturer
or your course tutor if you need any further advice.
I certify that the assignment submission is entirely my own work and I fully
Student declaration understand the consequences of plagiarism. I understand that making a
false declaration is a form of malpractice.

Student(s) name(s) / Signature Date:

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Instruction to The Students:

This assignment (Assessment 1 of 1) covers all Learning Outcomes (LO1, LO2, LO3, LO4).
• The assignment should have a cover page that includes the assignment title, assignment number,
course title, module title, Lecturer/tutor name and student’s name. Attach all the pages of assignment
brief/achievement summary with your report and leave them blank for official use.
• Ensure that authenticity declaration has been signed.
• This is an individual assignment.
• Content sheet with a list of all headings and page numbers.
• A fully typed up professionally presented report document. Use 11-point Arial or 13-point Times
New Roman script.
• Your assignment should be word-processed and between 2,000 to 2,500 words in length. In case of
necessity, put your legal sources in Appendixes.
• Use the Harvard referencing system.
• Exhibits/appendices are outside this limit.
• The assignment should contain a list of any references used in the report.
• You must submit both of hardcopy and softcopy (DOCX format) of your assignment before
deadline. Late assignments will not be accepted. The softcopy must be submitted to Turn It In via
Moodle and the hardcopy must be submitted to the Assignment box at room no.404A – building
D2.
• Check carefully the submission date and the instructions given with the assignment. Late
assignments will not be accepted.
• Ensure that you give yourself enough time to complete the assignment by the due date.
• Do not leave things such as printing to the last minute – excuses of this nature will not be accepted
for failure to hand-in the work on time.
• You must take responsibility for managing your own time effectively.
• If you are unable to hand in your assignment on time and have valid reasons such as illness, you
may apply (in writing) for an extension.
• Failure to achieve a PASS grade will results in a REFERRAL grade being given.
• Take great care that if you use other people’s work or ideas in your assignment, you properly
reference them in your text and any bibliography.
• NOTE: If you are caught plagiarizing, the University policies and procedures will apply.

Unit Learning Outcomes:

LO1. Explain the basic nature of the legal system

LO2. Illustrate the potential impact of the law on a business
LO3. Suggest appropriate legal solutions to business problem
LO4. Recommend appropriate legal solutions based upon alternative legal advice provided

Assignment Brief and Guidance:

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Task 1
What constitutes a legal system (Identify and Describe elements of a legal system)?

Task 2
Explain the purpose of law and sources of law in England.

Task 3
Describe structure and jurisdiction of the civil court hierarchy in England and explain role/function
of each court in such hierarchy.

Task 4
List ways a court in England may avoid a precedent. Give 1 case decided by English court as
example of distinguishing the facts.

Task 5
Where there is conflict between common law and equity, which would prevail and why?

Task 6
Is commercial advertisement a contractual offer or invitation to treat? Please illustrate your opinion
by analysing advertisements in both Partridge v Crittenden case, and Carlill v Carbolic Smoke Ball
Co case.

Task 7
Trusted Carrier and Cattrang Co entered into a contract, according to which, Trusted Carrier should
provide a ship to load white sand for export within 30 days from the ship’s arrival to Cam Ranh port.
However, when ship sent by Trusted Carrier arrived at Cam Ranh, white sand had not been instantly
loaded. 25 days after ship’s arrival, Government issued a new policy banning the export of white
sand.
Discuss liability of Cattrang Co in this situation. You are required to base your arguments on legal
theory and legal basis (court cases) from the Business Law textbook. Argument without legal theory
and basis is considered as no answer.

Task 8
Pulp Mills on the River Uruguay (Argentina v. Uruguay) case is an illustration of environment law in
international context. Who won this case, and why?

Task 9
Explain why and with which conditions a business should be vicariously responsible for tort
committed by its employee.

Task 10
Peter contacted a Build the Buildings, a local company for job. Company representative told Peter
that because the work is dependent on weather conditions, there would be no employment contract;
that Peter should pay his own income tax; however, company will provide Peter with working tools
and that at the beginning of each working day, Peter would be told where he would work during that
day. In addition, in case Peter is late on work or steal materials of company, he would be dismissed.

Is Peter an employee of Build the Buildings in this case? Why? Please base your arguments on
legal basis from the textbook. Argument without legal basis is considered as no answer.
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Task 11
Rosa came into a furniture store and found an expensive coach that built by luxury dark green colour
leather displaying in the showroom. When Rosa ordered the coach, she asked store representative
to supply a coach that exactly the same to the displaying coach, but not explaining why, and store
representative agreed. Because the coach delivered to Rosa apartment has black colour, she did
not accept delivery and sue furniture store for damages. The store refuse to pay damages, arguing
that the delivered coach is of the same style, quality and price to displaying coach, and difference
in colour is slight and would not a matter.

According to UK Consumer Rights Act 2015, please discuss responsibility of furniture store.

Task 12
Explain relationship between company director(s) and of the company general meeting according
to UK Company Act 2006.

Task 13
You have been dismissed by your employer. You think that the dismissal was unfair and want to
make claim about it.

Identify and Describe steps to making claim for compensation for unfair dismissal. List justifications
the employer may have for his dismissal and explain how you could overcome such justifications.

Task 14
Mr Raymond and some of his friends want to set up a business. They performed all formalities
required by UK law and got their company registered in May 1995. However, because of some
objective difficulties, they had to officially announce that company can start its business activities in
August 1996. Therefore, Mr Raymond wanted to withdraw his financial contribution from company
for other engagement. Other members of company did not allow Mr Raymond to do so, thus, Mr
Raymond bring the case to the court, asking the court to order the company to be wound up.

Can the court render such an order? Why? Base your argument on legal basis (article of UK law).

Task 15
Explain key differences between Common Law and Civil Law traditions.

Task 16
Maywood Ltd. gets into dispute with Baccara Co. Maywood is willing to accept certain
compromises in dispute resolution, but it wants the resolution to be fast while keeping its business
information private during the whole process of dispute resolution.
List advantages and disadvantages of negotiation, mediation, arbitration and litigation as different
methods of dispute resolution and give advice to Maywood on dispute resolution method that best
fits its requirements.

Sources of information
(specify all sources of information you used in fulfilling this assignment)

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 Achieved Achieved D1
Learning outcome (s) and Assessment Criteria
(tick) (tick)

P1 Explain different sources of

law and laws that organisations
must comply with.

P2 Explain the role of

LO1 Explain the government in law – making and
basic nature of the how statutory and common law is
legal system applied in the justice courts.
D1. Provide a coherent and
critical evaluation of the legal
M1 Evaluate the effectiveness of the system and law with evidence
legal system in terms of recent drawn from a range of
reforms and developments. different relevant examples to
support judgements.
P3 Using specific examples illustrate
how company, employment and
contract law has a potential impact
LO2 Illustrate the
upon business.
potential impact of the
law on a business M2 Differentiate and analyse the
potential impacts of regulations,
legislation and standards.
P4 Suggest appropriate legal
solutions for a range of business
problems e.g. termination of
contract, rescue from insolvency and
LO3 Suggest liquidation.
appropriate legal
P5 Provide justifications for the use
solutions to business
of appropriate legal solutions.
problem
M3 Assess the positive and negative
impacts of legal solutions to business
D2 Critically review and
problems.
evaluate the use of
P6 Recommend legal solutions based appropriate legal solutions in
upon a different country’s legal system comparison with alternative
and/or a different legal framework legal advice

LO4 Recommend
M4 Compare and contrast the
appropriate legal effectiveness of these
solutions based upon recommendations.
alternative legal advice
provided

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Formative Feedback: Assessor to Student

Action Plan

Summative Feedback: Assessor to Student

Choose One The Student Is Awarded:

(*) PASS Grade | MERIT Grade | DISTINCTION Grade

Name of Assessor: Date of Assessment:

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 Re-submission Feedback:

Choose One The Student Is Awarded a:

(*) PASS Grade | MERIT Grade | DISTINCTION Grade
\

Name of Assessor: Date of Assessment:

Feedback: Student to Assessor

Signature & Date:

* Please note that grades are provisional. They are only confirmed once internal and external verifiers
have taken place, and the final decisions have been agreed by the assessment board.
* This grade only reflects the result of this assignment, not for the whole Unit