Outline and articulate the statutory and common law provisions in relation to the

Overall Comment :
Mark (%)

Additional Comments from Second marker or External Examiner (if required) :

Would students please note that achievement
of the learning outcomes for this assessment is demonstrated against the
assessment criteria shown below (which are not necessarily weighted
equally). All marks/grades remain
indicative until they have been considered and confirmed by the Assessment
Board

Assessment Criteria	Marks Awarded	Marks Available
1	Outline and articulate the statutory and common law provisions in relation to the relevant law. Use a wide variety of case law to illustrate the legal issues.		30
2	Critically analyse potential problems regarding the application of the law as it applies to the English legal system. Sustained arguments are used throughout.		50
3	Wide ranging references with the correct use of the Harvard system		5
4	Quality of the written work. Clear structure to the work and correct spelling was used throughout.		15
5
6

Answer the
following case study

Both parts of
the case study carry equal marks.

Part 1

A
friend of yours, Sam, has heard that you are studying business law at
university and approaches you with the following problem: –

Sam
owns a mobile fish and chip van which he regularly parks in a layby on the A55
duel carriageway selling fish and chips and soft drinks. One morning he
receives a court summons stating that he has been charged with breach of a
bylaw which states:-

‘It is an offence to operate any
mobile premises on the A55 for the sale of burgers, hot dogs or other food. The
sale of coffee, tea and other hot drinks is also prohibited.’

Sam
tells you ‘I only sell fish and chips and coke – they can’t touch me!’

Using
the rules of statutory interpretation explain to Sam the risks he runs of being
convicted of the offence.

(25 marks)

Part 2

Sam
has a further problem. He hires his van from a food retail company. As part of
the contractual agreement the company is required to fix any mechanical
problems the van may encounter. Recently the van’s gear box failed, but when
Sam asked the company to fix this problem they refused. Sam undertook the repair
himself which cost him £500. Sam would like to recover this money from the
company, but is uncomfortable about using the court system.

Explain
to Sam the alternatives that exist to a civil court action. What advantages and
disadvantages do these alternatives have?

(25 marks)