Procurement Contract Administration and Law

Coursework 1: Individual Coursework

PLEASE ANSWER ALL QUESTIONS. TOTAL MARKS AVAILABLE: 100

Please use external references to support the points that you are making. Please cite all references using OSCOLA style.

Please note that all marks uploaded to Canvas are subject to ratification by the school exam board and the external examiner, therefore are subject to change.

Expected learning outcomes are as follows:

Expected learning outcomes are as follows:

• Demonstrate an understanding of the differences, strengths and weaknesses of commonly used construction procurement routes.
• Identify and select an appropriate procurement route for a complex ‘real world’ scenario and understand its effect on the project.
• Demonstrate an understanding of the operation of PFI contracts.
• Demonstrate an understanding of how, and when, legally enforceable contracts come into formation, in a construction specific context.
• Demonstrate an understanding of the legal rules which govern consideration, in a construction specific context.
• Demonstrate an understanding of the factors which are used to determine whether or not statements made during pre-contract negotiations become terms of the final contract
• Demonstrate an understanding of the remedies available for breaching different types of contract term.

PART B LAW

Question 3 – Contract Formation

Details of Factual Scenario

Vic places a notice in the window of his local newsagent which states: ‘Luxury caravan for sale; fully equipped and in exceptional condition. Price available on request’.

Bob contacts Vic on Monday to ask if he would be prepared to sell the caravan for £10,000. Vic says that he will only accept £12,000. Bob says that he will think about it but he may need a few days to get the money together. Vic responds that he will keep his offer open until 11.30am on Friday but, if Bob cannot find the funds by then, he will look elsewhere for another buyer.

On Tuesday, Vic contacts Ulrika to ask if she would be interested in buying his caravan for £13,000. Ulrika replies that she is very interested and would like to know if the caravan has a dishwasher. Vic responds, ‘Yes it does. It’s yours if I receive your reply by the end of the day on Friday’. Ulrika posts her acceptance at 6.00pm on Wednesday evening and Vic receives her letter at 10.30am on Friday.

On Wednesday, George tells Vic that he would like to buy his caravan. Vic replies, ‘I will sell for

£13,000, however, as such a large sum of money is involved, I want written confirmation of acceptance by email’. George telephones Vic later that day and leaves a voicemail message on Vic’s mobile phone saying he accepts Vic’s offer. Later that day, Vic sees that he has a message from George but accidentally deletes it before listening to it.

On Thursday afternoon, Angelos offers Vic £12,000 in cash for the caravan. Vic accepts immediately.

Vic posts letters to Ulrika and Bob at 5.00pm on Thursday evening withdrawing his offers. Ulrika receives her letter at 9.30am on Friday but Bob’s letter never arrives.

On Thursday evening, Bob is in his local pub when he overhears Angelos saying, ‘Drinks are on me. I’ve just got a great deal on a second hand luxury caravan!’ Bob does not know Angelos and so does not want to interrupt his celebrations, however, he is concerned that Angelos may have bought Vic’s caravan.

At 11.00am on Friday, Bob contacts Vic and says he has the £12,000 and asks when he can collect the caravan. Vic responds that he has already sold the caravan to Angelos.

Advise the various parties as to any rights and liabilities which may arise in the law of contract

Advise the parties (maximum 1000 words) 15 Marks

Question 4

General Contract Law

All parts of this question carry equal marks. Reference should be made throughout this question to appropriate case law.

1. Describe how a contract is formed between two parties. (5 marks)
2. Describe the rules that govern when a pre-contractual statement will be incorporated as an express term of a contract. (5 marks)
3. State the definition of an actionable misrepresentation and give a short summary of each element of the definition. (5 marks)

Question 5

Explain, in your own words and with reference to appropriate case law, what amounts to valid consideration (maximum 500 words). (10 marks)

Question 6

Explain the difference between a condition, warranty and innominate term of contract with reference to appropriate and contrasting case law (maximum 500 words). (10 marks)

PART B MARKING STRUCTURE

Part B will be assessed using the criteria below:

1. a) Understanding/grasp of the key facts of the dispute;
2. b) Knowledge and understanding of the legal issues;
3. c) Ability to communicate clearly; and
4. d) General commercial awareness of the situation and advice given.

Part B Hints and Tips

• Ensure that you read the factual scenario carefully. Almost everything is there for a reason.
• Follow the suggest answer structures set out in your notes.
• Follow the IRAC (issue, rule, analysis, conclusion) structure generally.
• Make sure that you conclude your answer and advise the parties.
• Use textbook resources as much as possible. They are very helpful.
• Always back up any points of law with an appropriate case authority.
• Make sure to give full case names + year.
• Included a bibliography of cited cases
• Enjoy it!