Contract & Problem Solving

Part B: Marking and Assessment
(to be completed by Module Lecturer)
This assignment will be marked out of 100%

This assignment contributes to 50% of the total module marks.

You need an overall mark of at least 40% to pass this assessment.

The word count for this assignment is 2400 words.

Assessment Task:

Richard an avid eBayer having bought and sold goods on eBay for over 10 years decided to sell his collection of vinyl records. As he had so

many records he split them into three different lots.

Lot 1 – was Richard’s collection of Rock & Roll music and was comprised of 85 records, Richard advertised these on eBay with a price of £250

and £30 postage and packaging; he also included the option of a best offer price.

Lot 2 – was his collection of disco music, and this comprised of 120 records and was advertised with an auction starting price of £50,

although Richard wanted and hoped the auction would result in over £300 being achieved for this collection as it contained several rare

records.

Lot 3 – contained Richard’s collection of romantic music; this collection of 40 records contained amongst others, an album signed by the band

‘West 19’, which was exceptionally rare and very valuable. Richard mistakenly placed a ‘buy it now’ price of £40 for the whole collection

including the rare ‘West 19’ record instead of £450.

All the items were scheduled to appear on eBay on the 1st October 2015.  In relation to each lot the following activities took place.

Lot 1

Richard refused two offers for Lot 1, as he wanted more money than the maximum £100 that was offered by Jeremy (a bidder), however, the

advertised price was not achieved and the auction ended without a sale.

Later, Richard contacted Jeremy by email and asked him to pay the £100, plus £30 delivery fee as he was now accepting Jeremy’s offer. Jeremy

has now decided he no longer wants the records.

Lot 2

In relation to Lot 2, the auction ran to the end with only James bidding £50.
Richard has also refused to let James have the records saying that £50 was not enough money as the records were worth a lot more than that

stating that the advert was merely an invitation to treat.

Lot 3

Chris, clicked on the buy it now button and proceeded to pay £40 for Lot 3.  However, Richard has refused to sell ‘Lot 3’, again arguing that

the advertisement was merely an ‘invitation to treat’ and he had the right to accept or reject any offers made as the price was incorrect.

Advise Jeremy, Chris, James and Richard as to whether a contract has been formed based on the rules of offer and acceptance.

Learning Outcomes to be assessed (as specified in the validated module descriptor http://icis.glam.ac.uk):

1. Demonstrate knowledge and understanding of the basic rules that govern contractual relationships.

2. Apply the law of contract through a series of problem based scenarios.

3. Demonstrate an ability to effectively analyse and evaluate the legal issues within the law of contract.

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