Contract law Sussex University
no examples of academic misconduct, such as plagiarism, collusion or fabrication of results.
CANDIDATE: please attach your Student Support Unit sticker, if relevant. LLB DISTANCE EXAM CONTRACT LAW 2 M6403 You can start this exam at a time of your choosing within its 24 hour window. You can start, complete and submit the assessment flexibly within the window. However, the assessment will close at the end of the 24 hour window; leave sufficient time to complete. You should not spend longer on the assignment than the expected duration. If you have extra time due to Reasonable Adjustments then you should add this to your expected duration spent on the assessment; the 24 hour window is inclusive of any adjustments. Submission window opens: 14th May 2024, 09:30AM Submission window closes: 15th May 2024, 09:30AM Expected Exam Duration: 2 hours You must attempt all questions. The maximum word count is 1500. You may consult all materials available to you during the Distance Exam Please see the Guidance for Law Students on Distance Exams for required standards of referencing to avoid plagiarism Please note that no footnotes or bibliography are required for a DEX (inclusion of either or both will be disregarded for marking purposes) M6403 Contract Law 2 Please upload your answer paper to Canvas Turnitin in Microsoft Word or PDF format Ensure that all submissions include the following: • Your candidate number (Do not put your name on your paper) • The title of the module and the module code • The word count Read Academic Integrity Statement You MAY access online materials, including lecture notes, during this examination. You must complete this assessment on your own and in your own words. DO NOT discuss this assessment with others before the end of its 24 hour window. By submitting this assessment you confirm that your assessment includes no instances of academic misconduct, for example plagiarism or collusion. Any instance of academic misconduct will be thoroughly investigated in accordance with our academic misconduct regulations. Module convenors will not be able to respond to any queries as it will not be possible to ensure that all candidates receive the same information. Please note that there is no late submission period for online examinations. Please submit your assignment in good time within the 24 hour window, ahead of the final deadline. Your assignment will not be accepted following the final deadline. If you experience any technical issues with your submission please contact IT services [email protected]. Please note that there may not be support available outside of 08:30 -17:30 GMT Monday to Friday, and your email will not be acknowledged until the next working date at the earliest. Please remember that unless there is a recognized IT fault with the system, we will not be able to accept any late submissions. 2 M6403 Contract Law 2 1. In 2021, Anne decided to establish a hotel business. She purchased a plot of land in East Sussex and obtained planning permission for the construction of a hotel. In 2022, Anne entered into a contract with Falmer Construction Ltd (‘FCL’) for the construction of a hotel on the land. Anne signed a document drafted by FCL. The document contained the specifications of the building, stipulated that the building was required to be completed by 30 April 2023 and that Anne was required to pay £500,000 to FCL on the completion of the building. Anne knew that the document also contained FCL’s standard terms. She did not read those terms before signing the document. 2. FCL constructed the building in accordance with the contractual specifications. However, in breach of contract, FCL completed the work only on 31 July 2023. Anne could not accommodate any guests before 1 August 2023. Many people contacted her to book a room for a few days between 1 May and 31 July 2023, and she would have made a net profit of £15,000 in those three months if the building had been completed by 30 April 2023. In addition, she had intended to enter her hotel for the Best Sussex Hotel Award, but she was unable to do so as the registration for that Award closed on 31 May 2023 and only operating hotels could be entered. Nine other hotels entered the competition, and the winner received a prize of £100,000. When Anne claimed damages for breach of contract from FCL, FCL refused to pay anything, referring Anne to the following clause in FCL’s standard terms: ‘FCL accepts no liability for any loss resulting from a delay in the completion of the building work by less than six months.’ Answer all of the following questions: (a) Is the exemption clause capable of excluding FCL’s liability for loss resulting from the delay in the completion of the building? (b) Assume that the exemption clause has no effect. Discuss the amount of damages for breach of contract that a court is likely to award to Anne. 3. ‘In the event of breach of a contractual term, English law traditionally placed great emphasis on certainty and the need for the parties to know whether the innocent party can terminate the contract. Sometimes such an approach is at the cost of flexibility and fairness.’ Discuss the extent to which the reasoning in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 has changed this area of law. END OF PAPER 3
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