Contract Law
Paper instructions:
Contract Law Essay, Oxford referencing, 1.5 Spacing, ‘A Casebook in Contract’ by Andrew Burrows (4th Edition) & ‘Contract Law’ by Richard Taylor and Damian Taylor
books to be used as reference. it is 1st year Undergraduate essay and is aiming for 2.1 or 2.2 grade
Law of Obligations I: The Law of Contract
LLM Substitute Assessment Question 2
Answer both parts
Part A (50%)
The roof of Jackie’s house needs repairing, so she contacts the only local roof specialist in her area, Kenzi, to arrange an assessment of the state of the roof, and
to allow Kenzi to make a quote. Kenzi comes around to inspect the roof. Having had a look, Kenzi tells Jackie that quite a few tiles need replacing, plus that there
is water damage to the supporting timbers – so the entire job is likely to be expensive. Jackie tells Kenzi that she (Jackie) has limited funds, so if it is going to
cost too much, she will simply make do with fixing a tarpaulin over the roof for the time being. Kenzi is desperate for work at present, so, with Jackie’s words
ringing in his ears, he makes a quote for the entire job which is £5000 below what he actually believes to be a reasonable price. Jackie is very pleased with the low
quote Kenzi gives, and so agrees to employ him. They agree that she will pay half of the agreed amount before the work is undertaken, and half when it is completed
A few days into the job, it becomes apparent to Kenzi that his low quote has led to a severe cash flow problem for him, as he has almost run out of the money needed to
carry out the work. He decides to tell Jackie. Jackie replies that she will give Kenzi “another £2000 tomorrow”. Relieved, Kenzi returns to work. Jackie gives him
a cheque for £2000 the following day. The next week Kenzi completes the work. Jackie gives him a cheque for the outstanding balance owed. Kenzi is surprised to see
that it is £2000 lower than he expected to receive. When he tells Jackie this she says, “What are you talking about? You’ve had £2000 already.” Advise Kenzi.
Part B (50%)
A month later, there is a torrential storm. Jackie’s new roof collapses in, crashing through the floors inside her house. All of her furniture and carpets are
destroyed. Jackie works from home, repairing rare and expensive items of jewellery. When the roof collapses, she is working on a very fine necklace, valued at
£60,000. The necklace is utterly destroyed in the roof collapse, although Jackie is physically unharmed. However, since the incident, Jackie has become
psychologically unable to sleep inside a building. Her doctor tells her that she will probably have to sleep in a tent for the rest of her life. On inspection, it
is revealed that Kenzi has done a poor job of repairing the timber supports – so poor, that it amounts to a breach of contract. Advise Jackie.
Word Limit: 2500 (excluding footnotes and bibliography – however, don’t abuse the footnotes!).