MGMT2021- Business Law

we are to use 5 British landmark cases for question 2 and 3 for question 3.  essay and we are to site all AI and other references used.  Valid offer cases are Hillas vs Acros, Carlil vs smoke ball, Balfour vs balfour and Henthorn vs Fraser, you have to find another and find 3 new ones for question 3. i also attached how far i got.  which was just 2. lol

MGMT 2021 Business Law – Summer 2024 – Individual Assignment #1
DUE – 15th July 11.59 PM EC time.
INDIVIDUAL ASSIGNMENT= 40%
ANSWER ALL QUESTIONS
A contract forms when one person makes an offer, and another person accepts it by communicating their
assent or performing the offer’s terms. If the terms are certain, and the parties can be presumed from their
behavior to have intended that the terms are binding, generally the agreement is enforceable.
While agreement is the basis for all contracts, not all agreements are enforceable. A preliminary question
is whether the contract is reasonably certain in its essential terms, such as price, subject matter and the
identity of the parties. Total 40 marks
Requirements
1- An introduction and a conclusion.
2- A critical discussion on the concept of what is an offer, inclusive of the various requirements of an
effective and valid offer, with supporting case laws- (5) landmark cases
3- How can an offer be affected where the terms are not clear? Critically discuss. (3) landmark cases
Students must produce a case analysis a s f o l l o w s :
Assignment 3 between 2000 3000 words. A bibliography containing all relevant citations in current APA format must be
included. Note the requirements of Turnitin below.
Assignment 3 Rubric = …./100×40
Dimension
Introduction
(10 marks)
Analysis
(30 marks)
Excellent
The introduction and
objectives are clearly
stated. Background
and context are clearly
articulated and linked
to objectives
effectively.
(10-8 marks)
Analysis is highly
relevant to the
assignment
requirements and
presented clearly and
logically. Strong link
is made between
theory and practice.
Good
The introduction and
objectives are clear.
Background and
context are partially
described and mostly
linked to objectives.
(7-6 marks)
Satisfactory
The introduction and
objectives are clear,
but the background and
context are not well
described nor clearly
linked to objectives.
(5 marks)
Analysis is relevant
to the assignment
requirements but is
not always presented
clearly and / or
logically. Strong link
made between
theory and practice.
Analysis is somewhat
relevant to the
assignment
requirements.
At times, the analysis
is not clearly or
logically presented. A
fair link made between
Poor
The introduction is
vague. Background and
context are vague or
absolutely lacking and
there are no clear links to
objectives.
(0-4 marks)
Analysis is not relevant
to the assignment
requirements.
Analysis is vague and
illogical. The link
between theory and
practice is unclear and
illogical or has major
Case laws
(40 marks)
Conclusion
(10 marks)
(30 -26 marks)
(25- 20 marks)
The Case law
presented, and facts is
highly relevant to the
assignment.
(40 -33 marks)
Conclusion is clearly
stated and connections
to the arguments and
positions are clear and
relevant. The
underlying logic is
explicit.
The Case laws
presented, and facts
is relevant to the
assignment.
(32-25 marks)
Conclusion is clearly
stated but
connections to
arguments and
positions are not
always clear and
relevant – some
aspects may not be
connected or minor
errors in the
underlying logic are
present.
(7-6 marks)
The Project is
generally well
organized and
mostly easy to
follow. There are
only a few minor
spellings and/or
grammatical errors,
and technical terms
are not clearly
defined.
(10-8 marks)
Writing
(5 marks)
The Project is
coherently organized
and easy to follow.
There are no spelling
or grammatical errors
and technical terms
are clearly defined.
(5 marks)
Referencing
(5 marks)
Four or more
references were used/
cited.
References were:
Appropriate for
the context of
the Project.
Were very current
where
applicable
using
references
produced
during the
last 5 years.
Used effectively
in the
Project.
Written using the
latest APA
style format.
(5 marks)
(4 marks)
Three references
were used/ cited.
References were:
Generally
appropriate for
the context of the
Project.
Were not always
current, using
references
produced during
the last 6 years.
Used most
effectively in the
Project.
Written using the
latest APA style
format for the
most part.
(4 marks)
theory and practice.
(19-15 marks)
The Case laws
presented, and facts is
somewhat relevant to
the assignment.
(24 -20 marks)
Conclusion is fairly
well stated and
connections to
arguments and
positions are somewhat
unclear / irrelevant.
errors.
(14 -0 marks)
The Case laws presented,
and facts is not relevant
to the assignment.
(19 – 0 marks)`
Conclusion is very
poorly stated and the
connections to the
arguments and positions
are incorrect, unclear,
irrelevant, or presented
without explanation.
Underlying logic has
major errors.
(5 marks).
(4-0 marks)
The Project is fairly
well organized and
somewhat easy to
follow. There are a few
minor spellings and /
or grammatical errors
and technical terms are
not defined.
(3 mark)
Two references were
used/ cited.
References were:
1. Reasonably
appropriate for the
context of the
Project
2. Were for the most
part outdated,
using references
produced during
the last 7 years.
3. Used somewhat
effectively in the
Project.
4. Written using the
latest APA style
format was
inconsistent
throughout
(3 marks)
The Project is poorly
organized and difficult to
read – does not flow
logically from one part
to another. It is not easy
to follow. There are
several spellings and/or
grammatical errors;
technical terms are not
defined or are poorly
defined.
(0-2 marks)
Only one reference or no
references were used/
cited.
References, if used were:
1. Not appropriate for
the context of Project.
2. Were for the most
part, outdated, using
references produced
during the last 8 years
or more.
3. Ineffectively used in
the Project.
4. Not written using the
Latest APA style.
(0-2 marks)
Note the requirements of Turnitin!
1.
You have to upload your assignment via Turnitin at the bottom of your Dropbox as per
assignment.
2.
Turnitin is an originality checking and plagiarism prevention service that checks your writing
for citation mistakes or inappropriate copying. When you submit your paper, Turnitin
compares it to text in its massive database of student work, websites, books, articles, etc.
3.
You will have 4 ATTEMPTS to bring your Assignment to the 25% threshold.
4.
When that is achieved. You will post the TURNITIN REPORT to the web page under
relevant Assignment.
5.
Your Marker when grading, will review your Turnitin submission to ensure that the paper
you submitted under the Assignment meet the relevant requirements.
Similarity Index
0-25%
26-50 %
50% and above
Penalty marks from FINAL score
No penalty
10% penalty
Students paper will be sent to the PM for her
deliberations
Artificial Intelligence (AI) refers to the simulation of human intelligence processes by machines
(IBM, 2023). Captured under this umbrella term is an ever-increasing set of technologies that
support real-world applications, such as expert systems, natural language processing, and
speech/image recognition.
•
•
Students are required to provide full disclosure on the use of AI tools, in the footnotes or references.
Students must disclose and produce all the AI-generated content including the questions used as
prompts provided to the AI tool.
Penalties
AI assisted percentage
0-25%
26-50 %
50% and above
Penalty marks from FINAL score
No penalty
10% penalty
Students paper will be sent to the PM for her
deliberations
To understand the law on offer and acceptance, we must first understand the concepts of
unilateral and bilateral contracts. Most contracts are bilateral where both party takes on an
obligation, there may be more than two parties to such a contract. On the other hand, unilateral
contracts are where only one party assumes an obligation under the contract. In the case of Great
Northern Railway Co. V Witham (1873) involved a dispute over a contract for the supply of
iron. Witham has agreed to supply iron to the railway company in quantities as ordered by the
company’s storekeeper. However, Witham failed to fulfill an order, leading the railway company
to sue for breach of contract. The court ruled in favor of the railway company finding Witham in
breach of contract. What makes this situation a unilateral Contract, Witham is the party that
assumed an obligation but failed to fulfill it. For a contract to exist one party must have made an
offer and the other must have accepted. Once acceptance takes effect, a contract will usually be
binding on both parties. A communication will be treated as an offer if it indicates the terms on
which the offeror is prepared to make a contract (such as the prices of the goods for sale). In
most cases an offer will be made to a specified person, however, offers can be addressed to the
general public and are accepted when the offer is acted upon by a member of the general public.
Advertisements for unilateral contracts are accepted as offers, which is shown in the case Carlill
v Carbolic Smoke Ball Co (1893). The manufacturers of smokeballs placed an advert in the
newspaper stating that a £100 reward would be paid by the company to any person who used
smokeball for the specified time and still caught the flu. Smokeballs which they claimed could
prevent flu. Mrs. Carlill bought and used smokeballs but still ended up with the flu, she then
claimed £100 and the company refused to pay. The court of appeal held that Mrs. Carhill was
entitled to the reward as the advert constituted an offer of a unilateral contract which she
accepted by performing the conditions stated in the offer.