Business and the law

Assignment Brief

Warcester WarthogsRugby Football Club is situated on the outskirts of Warcester in the Midlands of England, (date of incorporation, 1989). WWRFC

Ltd has a number of major shareholders, two of whom are Dean Parsons (chairman) and Tom Ryan (managing director). Since 2013, the club has bought

well and developed a talented squad benefitting from stable ownership and management.It is currently in the rugby championship but due to continued

success, it is now anticipated that the club will be promoted into the premier league at the start of the new rugby season.

As expected, WWRFC was promoted from the championship at the end of the 2014/15 season. Tom Ryan convened an urgent meeting of the board of

directors to consider the wide ranging implications of the promotion. The directors agreed that extra parking facilities would have to be provided

and they anticipated that there would be increased demand for merchandise sold in the club shop.

A few days later, the commercial director notices a post on a supplier`s website, RugbyCo Ltd, indicating that 250 mini rugby balls, in the club´s

colours, are for sale at a price £3.00 per ball. He emails RugbyCo at 10 am on 1 June asking for 250 balls at £2.00. RugbyCo send a reply at 10.10am

saying that they will sell 250 at £2.50p. The commercial director drafts an email at 11.30am confirming the order for 250 balls at £2.50p. When he

presses ‘send’ he is not connected to the internet. As a result his email is stored in his outbox and sent the following morning, 2 June at 10.30

am. In the meantime, a local sports shop wants the whole consignment and sends a van to the premises of RugbyCo to pay and collect the scarves in

the afternoon on 1st June. Immediately, RugbyCo email WWRFC´s commercial director withdrawing their offer. He reads the email at 10.30am when he

logs back onto the internet.

Following the board meeting, WWRFC engages a local groundworks and construction company, Pershore Ltd., to extend the existing car park. The

chairman stresses that it is essential that the car park will be ready by 16th August. A contract is drawn up and signed by the two parties on 2nd

June 2014; work commences seven days later.

The club performs well in all competitions and by December they have won all their matches to date. The chairman organizes a tour of the grounds for

a group of local school pupils who are accompanied by their teacher, Miss Buffont. Whilst the children are having refreshments at the end of the

tour, the teacher went in search of her handbag which she had lost in the changing rooms. As she rushes back, she collides with the scummaging

machine abandoned in the entrance tunnel to the pitch by the grounds-man, Jamie George and head coach Richard Hill. Miss Buffont had her leg crushed

by the heavy machine.

Club revenue increased significantly as a result of a number of factors. The club shop experiences a 50% increase in the sale of rugby merchandise;

new products have been added to the existing range. The directors decide to sell online in order to cope with demand and enhance customer

satisfaction. They have ordered some children’s clothing (fleeces and waterproofs) with the club logo.

WWRFC signs a highly lucrative sponsorship deal with a local world famous boiler manufacturer Warcester Bash. In addition, through accurate fan base

segmentation and the development of a dynamic ticket pricing strategy, the club manages to achieve close to 100% attendance, despite significantly

raising ticket prices.The club buys a new player, Ryan Lamb, in January 2016 and he soon shows his extraordinary individual skilland plays his part

in continuing WWRFC´s astounding success. The chairman said that he had “explosive pace, can kick with both feet, he was brave, strong in the tackle

and a great leader.”
The playing surface has been well prepared and maintained during the season by the three grounds-men. However, as the summer approaches, one member

of the team leaves and the remaining grounds-men find themselves working 60 hours a week to ensure the pitch meets the required standard. This

causes tension and conflict within the club.
The club goes from success to success and promotion to the premier league beckons. After celebrating the latest victory, the club´s director of

rugby drove home but was caught driving at 90mph while almost twice the legal drink-drive limit on the M5.

Assignment part 1 (1300 words)

1. WWRFC is a limited company. Discuss the advantages and disadvantages of its legal status.
(10 marks)

2. a)Identify and explain the requirements of a valid contract.

b) WWRFC is claiming that the rules on offer and acceptance mean that an enforceable contract was formed with the club prior to the scarves being

sold to the sports shop. Advise WWRFC.

(25 marks)

3. Unfortunately, the weather deteriorated in the weeks following the signing of the contract for the car park redevelopment. The scheduled

construction fell behind with the result that the new car park was not ready for the start of the 2015 rugby season on Saturday 16th August.

Completion was also adversely affected when one of Pershore´s diggers hit a main sewer and construction had to be halted for two days whilst the

damage amounting to £10,000 was repaired. Hundreds of new fans arriving for the first match of the season had to be turned away.

The contract between LUFC and Pershore Ltd. included the following terms:

‘Pershore Ltd. shall use reasonable endeavours to meet the performance dates set out in the contract but any such dates shall be estimates only, and

time shall not be of the essence in this agreement.’

‘Pershore Ltd shall not be liable for any loss or damage caused to the premises as a result of negligence and if, notwithstanding the foregoing, any

liability for damage to the property should arise, that liability shall be limited to a total of £1,000.’
WWRFC wish to claim for the loss of revenue arising from lost ticket sales on the day of the first match and for the cost of repairing the damaged

sewer. Advise WWRFC.

(20 marks)
4. Miss Buffont wishes to make a claim in respect of her injury. It is likely her leg will be permanently damaged and that she will be unable

to play badminton again.Advise her about any claim that she might have against the grounds man, the coach and/or WWRFC.
(45 marks)

Assignment part 2 (1700 words)
1. a) How does the law distinguish between persons working under a contract of service and independent contractors. What is the legal

significance of this distinction?
Rebecca is a sales assistant in the club shop. She has worked there for three years. Her terms and conditions of employment state that she is self-

employed and not entitled to sick pay or holiday pay. She is responsible for paying her own Income Tax and National Insurance. She cannot work for

any other organisation whilst being employed by WWRFC. Her working hours are 25 hours per week. She can send a suitably qualified substitute to

replace her if she cannot work for any reason. She is under the direct control of Tuka. Rebecca has been told that her employment has been

terminated because of the success of the online sales.

b) Critically evaluate the role of implied terms imposed on both employer and employee.

(30 marks)
2. a) At the end of July, the new player requests paternity leave following the birth of his first child. Advise him of his rights under

current legislation.

b) After two months, the groundsman, Jamie George, is refusing to work the extra hours. Advise him of his legal rights.
(10 marks)
3. The Board of Directors decide to dismiss the director of rugby because of his recent conviction. Advise the club in relation to any

potential claim for unfair dismissal by the director of rugby
(15 marks)

4. Evaluate the impact of the Equality Act on the WWRFC as an employer in relation to equality of opportunity, perceived racism and homophobia

in rugby. (20 marks)

5. a) The children´s clothing quickly sold out and a number of customers
have returned the waterproofs to the shop after several had dissolved when worn in the rain.

The product details on the fleece labels are as follows:
‘Material content 100% natural recycled materials, stain resistant and guaranteed not to shrink.
Made in the UK’

Customers who purchased the fleeces have returned them after they shrunk in the wash whereupon it was discovered that the fleeces were made of

synthetic materials and had been imported from a supplier in Asia.

(i) Discuss the rights of the consumer in the two situations above.

(ii) Outline the legal position of the club in relation to the customer and whether there is any criminal liability. In your answer include

reference to any appropriate legislation and case law.

b) The last home game was played during very wet weather and many supporters complained of the leaking roof in the Wainwright Stand. On the

following Monday the facilities manager instructed a young trainee groundsmanto repair that part of the roof which was leaking. Unfortunately, the

roof gave way under his weight and he fell to his death.

The young trainee had not been provided with appropriate equipment. He was working alone, not wearing a helmet and safety harness and he had not

received the relevant health and safety training or assessment. Health and safety inspectors, undertaking a routine inspection of the club grounds,

had advised the club to undertake the necessary repairs before the start of the new season. The repairs had not been undertaken.

The Health & Safety Executive (HSE) is considering a prosecution for corporate manslaughter.

Examine the rugby club’s legal position in relation to HSE pending prosecution for corporate manslaughter. (Use current legislation and case law to

support your summary.)

(25 marks)

Indicative Reading List:

Maclntyre, E. (2014) Business Law, 7thed. Harlow: Pearson.
Riches, S., & Allen, V. ( 2011) Keenan and Riches’ Business Law.11thed. Harlow: Pearson.
Poole, J. (2012) Textbook on Contract Law. 12thed. Oxford: Oxford University Press.
Elliott, C., & Quinn, F. (2011) Contract Law. 8thed. Harlow: Pearson.
Elliott, C., & Quinn, F. (2011) Tort Law. 8thed. Harlow: Pearson.
Cooke, J. (2011) Law of Tort. 10thed. Harlow: Pearson.
Willey, B. (2012) Employment Law in Context, An introduction for HR professionals. 4thed. Harlow: Pearson.
Sargeant, M., & Lewis, D. (2014) Employment Law. 7thed. Harlow: Pearson.

FURTHER READING

Adams, A. (2014) Law for Business Students,8th ed. Harlow: Pearson.
Kelly, D., & Hammer, R., & Hendy, J. (2015), Business Law. 2nd ed. Abingdon: Routledge
Marson, J. (2015) Business Law, 3rd ed. Oxford: Oxford University Press.
Young, M. (2009) Understanding Contract Law, Abingdon: Routledge.
Taylor, R., & Taylor, D. (2015) Contract Law Directions. 5th ed. Oxford: Oxford University Press.
McKendrick, E. (2015) Contract Law: Text, Cases, and Materials, 11th ed. Oxford: Oxford University Press.
Richards, P. (2011) Law of Contract. 10th ed. Harlow: Pearson.
Steele, J. (2014) Tort Law: Text, Cases, and Materials. 3rded. Oxford: Oxford University Press.
Honeyball, S. (2014) Honeyball and Bowers’ Textbook on Employment Law. 12th ed. Oxford: Oxford University Press.

Supplementary reading – Newspapers and magazines
law reports Times Law reports
Student Law Review

Academic texts, business books and journal articles will provide background theory and case studies. However, you are advised to read quality

broadsheet newspapers (such as The Financial Times, The Times, The Guardian, The Daily Telegraph, Wall Street Journal and The Observer) and

magazines (such as The Economist and Business Week). These often present well-written contemporary and in-depth articles on both companies and

industry sectors.
Newspaper articles are available in the library database.
Supplementary Reading – Handouts
Handouts in your lectures and workshopsare for guidance only. They are really only a snapshot of the ideas and the issues. You are expected to

supplement these with your own reading around the subject area.
Television news, current affairs and business documentaries
As with newspapers and magazines television news broadcasts will discuss contemporary and industry sector issues. From time to time there will be

special current affairs and business documentaries. These again can be a valuable source of information and analysis.

The Internet
The Internet can provide several sources of information:
You need to make use of resources available electronically and you are expected – especially if you want to progress to a third year – to

demonstrate a scholarly approach through the wide range of reading you undertake to contextualise your studies.
Iclr.co.uk
www.bailii.org
TUC – Trades Union congress
CBI –Confederation of British Industry
Institute of Directors
Federation of Small Businesses
HMRC – Her Majesty’s Revenue and Customs
Direct.gov.uk
Law Commission – past and ongoing reviews of law

Internet Health Warning
Whilst the Internet can provide a wealth of resource material it also contains dubious material. Just because a website states that it discusses the

principles of marketing does not mean that the information is reliable or accurate. The above guidelines should help you to steer clear of dubious

material.

REMEMBER – Wikipedia is NOT an acceptable or reliable source and should not be used in your research other than to point you in other directions.

Document History

Validation Approved April 2010

Date Rationale Who by Loc Brief Description of changes made Resulting Version No
Sept 2011 first run of module OCVC OCVC New Handbook 1.0
Nov 14 Annual updating Hazel Venables RC Annual Updating 1.1
Dec 15 Annual
Updating Hazel Venables Annual Update 1.2

Please update the table when any changes are made to this document. This will ensure all users can confirm they have the latest version and will

avoid unnecessary duplication of work.

A change can result from any number of activities such as:
• References checked
• Correction of text
• Change in assessment dates or procedures
• New names to be added or contact details changed
• Alterations to the order of delivery

However it is not possible to make any amendments to the course content or coverage without discussions with the School Liaison Manager since

content change may invalidate the qualification unless validated by an appropriate body.

The format of the document should not be changed without first contacting the Faculty Liaison Manager (FLM).

All changes should be made by the relevant module leader in association with the FLM and the document saved as a new version number if the master is

changed. If the change is to add college specific information please retain the same number but add the college initials after the version number A

copy MUST then be forwarded to the Course Administrator for central filing. OBU will then take accountability for distribution to all other relevant

parties

Appendix
Assignment Front Sheet

Name (PRINT)
Student Number
Course
Module
Assignment Description/Title
Word Count Is this a resit
Y / N
Due Date

I confirm that the assignment detailed above is my own unaided work.

Signed…………………………………………………………….

—————————————————————————————–

Please retain ONE signed copy of this document as a receipt for your work.

Received on …………………

by……………………………………………………………..

Signed………………………………………………………………………………….

on behalf of ……………………………………………………………. College.

FD Business& Enterprise
Tutor Review Form

Please complete and return to the Programme Administrator at least one week before the relevant Moderation Meeting.

Module College
Date Tutor name
Number of students Average mark
Mark ranges
Comments on marks

Your assessment of the student reaction to this module

What were the key skills and learning gained by the students?

How well do the assignments and the content meet the needs of learners?

What recommendations do you have for changes to this module?

General points

On the reverse please enter average scores for the group and list any specific recommendations you feel provide valuable feedback, or attach the

student sheets.

From the Students’ evaluations of the Module, please enter the average scores for the group and list any specific recommendations you feel provide

valuable feedback, or attach the students’ sheets.

I found the module:

Not Very Very
Interesting 1 2 3 4 5
Motivating 1 2 3 4 5
Informative 1 2 3 4 5
Well structured 1 2 3 4 5
Relevant 1 2 3 4 5

What recommendations do you have for any changes to this module in the future?

I found the tutor:

Not Very Very
Interesting 1 2 3 4 5
Motivating 1 2 3 4 5
Informative 1 2 3 4 5
Well structured 1 2 3 4 5
Helpful 1 2 3 4 5

What advice do you have for any tutor teaching this module in future?

I found the assignment(s):

Not Very Very
Interesting 1 2 3 4 5
Motivating 1 2 3 4 5
Relevant 1 2 3 4 5
Challenging 1 2 3 4 5

What further support would you have liked in your assignments?

Foundation Degree Business& Enterprise
LEARNERModule Review Form

Please complete and return to your tutor or Programme Lead within 2 weeks of completing the module

Module 207 Your Business and the Law Tutor Name
Date Student Name
The most useful topic covered in this module for me was?

The least useful topic covered in this module for me was?

How have I applied what I have learnt in my place of work?

What advice do you have for future students?

What recommendations do you have for future tutors?

I found the module;

Not Very Very
Interesting 1 2 3 4 5
Motivating 1 2 3 4 5
Informative 1 2 3 4 5
Well structured 1 2 3 4 5
Relevant 1 2 3 4 5

What recommendations do you have for any changes to this module in the future?

I found the tutor;

Not Very Very
Interesting 1 2 3 4 5
Motivating 1 2 3 4 5
Informative 1 2 3 4 5
Well structured 1 2 3 4 5
Helpful 1 2 3 4 5

What advice do you have for any tutor teaching this module in future?

I found the assignment(s):

Not Very Very
Simplistic 1 2 3 4 5
Straightforward 1 2 3 4 5
Relevant 1 2 3 4 5
Challenging 1 2 3 4 5

What further support would you have liked in your assignments?

Oxford Brookes University
Business & Enterprise Foundation Degree
Assignment Record

Module Title 207 Your business and the law

Assignment title/………………………………………………………………….
Module Number.207 Date Handed in……………………
Student name………………………………………………………………………………………..
Student number……………………………………. Received by………………………..

Tutor comments

Points for improvement

Use of English is good with few if any errors Use of English is sound There are weaknesses in your use of English Please see your marking

tutor about your use of English

Marker’s Signature Date
Moderator’s signature Date
Sent to External Examiner YES/NO Grade/Mark

Assessment criteria 207.1 This assignment makes up 45% of the overall module grade Comments
Percentage mark Description
0-29% (Fail) Demonstrates little understanding of contract formation and elements of the tort of negligence. Few or irrelevant, case citations,

if any. Unable to relate to practical situations
30-39%
(Refer) Superficial or some understanding of the contract process and negligence but lacks detail and supporting case citations. Does not apply

appropriately to scenario situations.
40% Pass Shows some understanding of the contract process and negligence but response lacks detail. Some analysis and understanding of

application to scenario situations. Limited case citations.
41-49% Pass Some good aspects though contract formation/ and negligence issues may not be fully covered or is evidenced indirectly through

application. Some case citations. Shows increased understanding of analysis and application.
50-59% High Pass Demonstrates a good understanding of the contract process with citations to support factors that influence formation.

Demonstrates a good understanding of negligence with citations to support factors that determine duty, breach and damage. Satisfactory interpretive

and analytical ability. Satisfactory application of the law to practical situations; some use of legal precedent.
60-69% Merit Demonstrates a clear understanding of the formation of contracts and negligence with appropriate citation to support and argue a

point of view using legal precedent. High level of interpretive and analytical ability as well as application of the law.
70-100%
Distinction Consistent evidence of comprehensive understanding of the formation of contracts and negligence; demonstration of an extremely high

level of interpretive and analytical ability and intellectual initiative; substantial originality and insight in identifying, creating and

developing arguments using legal precedents; and high level of communication and application.

Assessment criteria 207.2 This assignment makes up 55% of the overall module grade Comments
Percentage mark Description
0-29% (Fail) Demonstrates little understanding of employment law and criminal liability. Few or irrelevant, case citations, if any. Unable to

relate to practical situations
30-39%
(Refer) Superficial or some understanding of employment law and criminal liability but lacks detail and supporting case citations. Does not apply

appropriately to scenario situations.
40% Pass Shows some understanding of employment law criminal liability but response lacks detail. Some analysis and understanding of

application to scenario situations. Limited case citations.
41-49% Pass Some good aspects though employment law issues and criminal liability may not be fully covered or is evidenced indirectly through

application. Some case citations. Shows increased understanding of analysis and application.
50-59% High Pass Demonstrates a good understanding of employment law and criminal liability. Satisfactory application of the law to practical

situations; some use of legal precedent.
60-69% Merit Demonstrates a clear understanding employment lawand criminal liability with appropriate citation to support and argue a point of

view using legal precedent. High level of interpretive and analytical ability as well as application of the law.
70-100%
Distinction Consistent evidence of comprehensive understanding of employment law and criminal liability; demonstration of an extremely high

level of interpretive and analytical ability and intellectual initiative; substantial originality and insight in identifying, creating and

developing arguments using legal precedents; and high level of communication and application.

REGULATIONS

Late submission of work / non-attendance at exams

Students who submit work late, or do not attend an examination, will receive a mark of ZERO for thatelement of assessment.

If mitigating circumstances (for example, medical or personal circumstances) affect your ability to meet an assessment deadline or attend an

examination then it is ESSENTIAL that you notify your module leader as soon as possible and in any case BEFORE an assessment deadline or the start

of an examination. You will be required to provide satisfactory documentary evidence to support your claim. The only exception to this is for very

short extensions (up to one week) to an assessment deadline, where you may be allowed to self-certify your difficulties if there is a valid reason

why you cannot provide evidence.

If you submit a claim of mitigating circumstances later than an assessment deadline or the start of an examination, then you will not only need to

demonstrate that you were affected by these circumstances but you will also need to provide evidence that you were unable to submit your claim by

the deadline.

Late submission regulations apply to both hard copy (paper) and electronic submissions, including electronic submissions to Turnitin where relevant.
Authenticating your coursework
You must be able to demonstrate that the course work you submit for assessment is your own.You must therefore keep all working documents (electronic

and paper) that you used or created while preparing the assignment, such as photocopies of sources and internet pages, your own notes on your

reading and preparation and where primary research has been conducted, completed questionnaires or interview schedules, details of the process of

analysis, field notes and so on. Most importantly, you should keep the early developing drafts of your coursework as evidence of the originality of

your work by saving each revision to a file with a different name. This material should be kept until after the module results have been published

on PIP. Please note that you may be required to submit an electronicversion of your work.

CHEATING
All assessments are intended to determine the skills, abilities, understanding and knowledge of each of the individual students undertaking the

assessment. Cheating is defined as obtaining OR ATTEMPTING TO OBTAIN an unfair academic advantage, attempting to cheat or assisting someone else to

cheat may be subject to disciplinary action in accordance with the University’s Disciplinary Procedure. The University takes this issue very

seriously and students have been expelled or had their degrees withheld for cheating in assessments. If you are having difficulty with your work it

is important to seek help from your tutor rather than be tempted to use unfair means to gain marks. Do not risk losing your degree and all the work

you have done.
The University’s regulations define a number of different forms of cheating, although any form of cheating is strictly forbidden. These are:

 Submitting other people’s work as your own – either with or without their knowledge. This includes copying in examinations; using notes or

unauthorised materials in examinations;
impersonation – taking an assessment on behalf of or pretending to be another student, or allowing another person to take an assessment on your

behalf or pretend to be you;
 Plagiarism – taking or using another person’s thoughts, writings or inventions as your own. To avoid plagiarism you must make sure that

quotations from whatever source must be clearly identified and attributed at the point where they occur in the text of your work by using one of the

standard conventions for referencing. The Library has a leaflet about how to reference your work correctly and your tutor can also help you. It is

not enough just to list sources in a bibliography at the end of your essay or dissertation if you do not acknowledge the actual quotations in the

text. Neither is it acceptable to change some of the words or the order of sentences if, by failing to acknowledge the source properly, you give the

impression that it is your own work;
 Collusion – except where written instructions specify that work for assessment may be produced jointly and submitted as the work of more

than one student, you must not collude with others to produce a piece of work jointly, copy or share another student’s work or lend your work to

another student in the reasonable knowledge that some or all of it will be copied;
 Duplication – submitting work for assessment that is the same as, or broadly similar to, work submitted earlier for academic credit, without

acknowledgement of the previous submission;
 Falsification – the invention of data, its alteration, its copying from any other source, or otherwise obtaining it by unfair means, or

inventing quotations and/or references.
 Custom Writing Services – this includes the use of any service which produces custom materials. The University may consider any request

placed with any form of custom writing service to be a form of cheating, whatever use is then made of the material produced, and therefore to be an

offence under the Student Conduct Regulations. This extends to include any request for any piece of work (either formative or summative assessment

or work which is not linked to any form of assessment or credit-bearing element of your programme) including, but not limited to, essays and

dissertations (including outlines and guides), reports, exam notes, proposals, posters, presentations, the editing or improvement of existing work,

statistical services and computing services including programme and code development.
 Assisting Others to Cheat – The University considers assisting others to cheat (including attempting to assist someone else to cheat) as a

form of cheating for which the individual student providing assistance is culpable.

A NOTE ON EQUAL OPPORTUNITIES AND DIVERSITY

Oxford Brookes University and Oxford & Cherwell Valley College is committed to the elimination of any form of unfair discrimination, to the

establishment of equal opportunity and to the development of policies and practices to ensure these objectives are met.
The Business School aims, within its courses, to provide and promote equality of opportunity for learning to students from diverse backgrounds,

irrespective of their gender, race, disability, sexual orientation, age, religion and maturity.
Modules are designed to provide an inclusive learning and teaching environment for all students. If you feel this module is not fulfilling this

aim, please take it up with the module leader, or ask your student representative to do so. You are invited to comment on this aspect of the module

in the evaluation.

STUDENT EVALUATION OF THE MODULE

Students will be invited to complete a short mid-module evaluation in Session6 or 7 and a longer final module evaluation in Session 11. These will

be handed out by your workshop leader. As you would expect any good marketer to operate, we take feedback very seriously and therefore urge you to

think about how the module is going at all points in the semester. You may therefore want to make a note of any comments (good or bad!) as you go

along so that you remember to mention them in the evaluation.
Please try to be as honest and constructive as possible – this is a form of market research on our current customers, and we want valuable feedback

so that we can improve our product offering for the future.

WE ACCEPT