FRM03_Assignment brief_21.11.

2012 Page 1

ASSIGNMENT 1 BRIEF
Qualification BTEC Level 5 HND Diploma in Business
Unit number and
title
Unit 5: Aspects of Contract and Negligence for Business

Assignment issued <date> Assignment due <date>
Assessor name <name of assessor>

Assignment title
Aspects of Contractual liability in Business context
This assignment encourages learners to understand the essential elements
of a valid contract in a business context and be able to apply in those
elements in actual given business situations which correspond to Learning
Outcome 1 and Learning Outcome 2 of the unit/course.
Scenario:
You are working for a Legal department of one company. Mainly, your
job is to review the legality of all contracts before being signed officially
by the authorized members. Recently, your company has been in trouble
with legal claims due to contractual liability. In order to figure out the
issues and relevant solutions, you are assigned to work on those contracts
of the company.
Your manager sets out specific tasks and asks you to write a report of
around 4-7 pages, excluding the cover page, table of contents, list of
references. Your report needs to show insights on three main themes:
(1) Overview of the type, essential elements and other common terms of
the selected contracts to server for regular business of the company; and
(2) Evaluate the impact of the types, terms and essential elements on the
legality of the contracts.
(3) Propose sort of solutions to overcome discovered issues.
In the first theme, you will need to explain specifically about the types,
essential elements of a valid contract and other common terms of your
company contracts. The explanation is based on the source of actual


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contracts as required.
In the second theme, you will need to write about impact of each content
of the first theme which highly probably causes the legal suit for the
company and in the third theme, you should propose at least two
recommendations for the policy, habit, process of making contract and
etc.
Noticeably, you are required to choose 02 different contracts, they include
but not limited to those are of your company, business field of the study
and particularly, they are contracts that have to be attached to your
assignment as evidence
Noticeably, you are free to choose:
- The company that you may know
- Business field of the company;
- Two actually signed contracts at least which have to be attached to your
assignment as evidence
The specific tasks will be set out in the following sections.
Aim of the
assignment
This assignment satisfies the following learning outcomes and assessment
criteria:
LO 1. Understand the essential elements of a valid contract in a
business context
1.1 Explain the importance of the essential elements required for the
formation of a valid contract
1.2 Discuss the impact of different types of contract
1.3 Analyze terms in contracts with reference to their meaning and
effect.

LO2. Be able to apply the elements of a contract in business situations
2.1 Apply the elements of contract in given business scenarios
2.2 Apply the law on terms in different contracts
2.3 Evaluate the effect of different terms in given contracts.
Specific
requirements
(see Appendix for
assessment criteria

Task 1. Explain and apply the importance of the essential elements
required for the formation of a valid contract
- Task1.1. Explain the importance of the essential elements required for


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and grade
descriptors)
the formation of a valid contract
In this task, a brief explanation of specific essential elements of a valid
contract needs to be achieved for the following below:
1. Offer and acceptance;
2. Intention to create legal relations;
3. Consideration;
4. Capacity;
5. Privity of contract
Task 1.1 produces evidence for assessment criterion 1.1.

- Task 1.2. Apply the elements of contract in given business
scenarios
Through your selected contracts, you should point out elements required
for the formation of a valid contract and identify whether those essential
elements have been satisfied and integrated into the context. It is highly
recommended to present your own analysis and evaluation of whether
those essential elements are being designed good enough to protect your
company interests.
Relevant recommendations to handle any insufficiency of essential
elements or improvement of quality of those elements should be
presented in detail.
Task 1.2 produces evidence for assessment criterion 2.1.

Task 2. Discuss and apply the impact of different types of contract
- Task 2.1. Discuss the impact of different types of contract
A brief explanation of different types of contract also needs to be
discussed as follows:
1. Face to face;
2. Written;
3. Distance selling (electronic contracts).
Task 2.1 produces evidence for assessment criterion 1.2.

- Task 2.2. Apply the law on terms in different contracts
Statistically, you should identify and explain which types of contract have
been used popularly by your company. The characteristics of the business


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of the company.
With the selected contracts, you are supposed to figure out in what form
those contracts are performed and evaluate whether this regular form are
appropriate with the subject matter of contract and feature of business
line.
In the case of any irrelevance of type of contract with the business of the
company, you should give some recommendations to overcome the
problems.
Task 2.2 produces evidence for assessment criterion 2.2.

Task 3. Analyze and evaluate terms in contracts with reference to
their meaning and effect.

- Task 3.1. Analyze terms in contracts with reference to their
meaning and effect.
A brief introduction of definition and effect of the following terms need to
be given:
1. Condition;
2. Warranty;
3. Other innominate terms;
4. Express;
5. Implied;
6. Exclusion clauses
Task 3.1 produces evidence for assessment criterion 1.3.

- Task 3.2. Evaluate the effect of different terms in given contracts.
Practically, you have to figure out whether those contracts selected
contain those terms by quoting them precisely. After that, you have to
analyze and evaluate whether they are appropriate to contract context and
their effect to the interest of your company.
If those terms are not presented properly to protect best interest of the
company, relevant solutions should be presented in detail.
Task 3.2 produces evidence for assessment criterion 2.3.
Student guidelines
1. You must write this assignment in report style, although a formal report
structure will not be required, but you should refer to the template


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attached. In which the assignment format should include:
- A brief introduction to company, including business field and
two contracts you have selected
- Particular tasks, your findings, analyses, evaluation and
concluding note for each task
- Conclusion and recommendations
2. You should include a list of references to all cited sources using the
Harvard referencing system.
4. Your report must be around 4-7 pages (excluding table of content,
cover letter, and references). You must use font Calibri size 12 with 1.5
spacing. Margins should be: left: 2cm; right: 1.5 cm; top: 1.5 cm and
bottom: 1.5cm.
5. Selected contracts (at least two contract) used for analysis have to be
attached to this assignment as evidence. Otherwise. The assignments will
not be recognized for submission.
Submission
requirements
Students are expected to submit hard copy of assignment



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APPENDIX: ASSESSMENT CRITERIA AND GRADE DESCRIPTORS
Learning outcomes Assessment criteria
for PASS
To achieve a pass grade
the evidence must show
that the learner is able
to
Grade descriptors
for MERIT
To achieve a merit
grade the evidence
must show that, in
addition to the pass
criteria, the learner is
able to achieve at least
one/two following
skills:
Grade descriptors
for DISTINCTION
To achieve a
distinction grade, the
evidence must show
that, in addition to the
pass and merit
criteria, the learner is
able to achieve at
least one/two
following skills:
LO1. Understand the
essential elements of
a valid contract in a
business context












P.1.1 Explain the
importance of the
essential elements
required for the
formation of a valid
contract.
- In particular you
must point out and
give brief
explanation of
essential elements of
a valid contract
namely:
+ Offer and
acceptance;
+ Intention to create
legal relations;
+ Consideration;
+ Capacity; .
+ Privity of contract
P. 1.2 Discuss the
impact of different
types of contract. In
particular, you must:
M.1 Identify and
apply strategies to find
appropriate solutions.
In particular, your
work must show:
- Effective
judgments have
been made. You
should analyze
effects of the actual
problems found for
the contracts
- Analyze and
evaluate whether
those essential
elements are being
designed good
enough to protect
your company
interests.
- Evaluate whether
these terms are
appropriate with
the subject matter
of contract and
D.1 Use critical
reflection to evaluate
own work and justify
valid conclusions. In
particular:
- Your whole
assignment must
prove that your
conclusions have
been arrived at
through synthesis
of ideas and have
been justified
- The validity of
results has been
evaluated using
defined criteria
and they are based
on reliable
resources and
identified
information
- Self-criticism of
approach/law
application has


FRM03_Assignment brief_21.11.2012 Page 7
























- Provide brief
understanding about
basic types of
contract, namely:
Face to face;
Written and
Distance selling
(electronic
contracts).
- Point out
characteristics of
each type to show
the differences
among these types
of contract
- Discuss the effects
of each types of
contract on the
company and its
benefits
P. 1.3 Analyze terms in
contracts with reference
to their meaning and
effect.
- In particular, you
should analyze the
following terms that
occur in your
selected contracts, if
each of them is
presented:
+ Condition;
+ Warranty;
+ Other innominate
terms;
+ Express;
+ Implied;
+ Exclusion clauses
feature of business
line.
- Analyze and
evaluate whether
they are
appropriate to
contract context
and their effect to
the interest of your
company.
- Complex problems
with more than one
variable/factor
have been
explored. You
should identify
what problems
occur/may occur in
your selected
contracts, i.e. one
of the essential
elements required
for a valid contract
is missing, at fault
or misrepresented
- In addition, you
should recommend
possible solutions
to fix problems
raised from your
findings.
Recommendations
have been given to
overcome the
problems if there is
irrelevance of type
of contract with the
business of the
company
- In general, the
work has applied
taken place. In
your assignment,
critical
comparisons have
been made by
referring to other
similar contexts
such as Vietnam
or United States
- Realistic
improvements
have been
proposed against
defined
characteristics for
success. In your
work, arguments
on contract
elements, terms
and forms are
discussed and
proposed based on
realistic bases.












FRM03_Assignment brief_21.11.2012 Page 8


LO2. Be able to
apply the elements
of a contract in
business situations












- Identify whether
those essential
elements have been
integrated in your
selected contracts by
pointing out exactly
those elements.
- Analyze and
evaluate whether
those essential
elements are being
designed good
enough to protect
your company
interests.
2.1 Apply the law on
terms in different
contracts. In
particular, you
must:
- Identify and explain
what types of
contract have been
used.
- Evaluate whether
these terms are
appropriate with the
subject matter of
contract and feature
of business line.
2.2 Evaluate the effect
of different terms in
given contracts. In
particular, you
must:
- figure out whether
those contracts
selected contain
an effective
approach to study
and research

M.2 Select/design and
apply appropriate
methods/techniques.
In particular, you must
present:
- Relevant theories
and techniques
concerning contract
law have been
applied
- A range of methods
and techniques
have been applied
for doing research
such as analysis,
comparisonetc.
- A range of
resources of
information has
been used. In
solving your
problems, you
should cite, as
much as possible, a
source of Articles
of law/legislations
and cases/examples
that help you to
apply the law on
terms in the
contracts and
evaluate the effect
of different terms
in the given



D.2 Take
responsibility for
managing and
organizing activities.
In particular, your
work must show that:
- Autonomy/indepe
ndence has been
demonstrated.
Your assignment
proves your own
work through
Turn-it-in
software
- Substantial
activities, projects
or investigations
have been
planned, managed
and organized. In
your assignment,
there have been a
number of Articles
of relevant
law/case studies
cited while many
different examples
have been given to
illustrate and
support to your
ideas, points of
view in the
assignment
- Activities have


FRM03_Assignment brief_21.11.2012 Page 9

those terms by
quoting them

contracts.
- The selection and
design of
methods/techniques
/sources has been
justified through
the conclusion
reached at the end
of your work
- Appropriate
learning
methods/techniques
have been applied








M.3 Present and
communicate
appropriate findings,
In particular, your
work must show that:
- The appropriate
structure and
approach has been
used
- Coherent, logical
development of
principles/concepts
been managed.
Your work must
demonstrate your
attempts to
overcome
difficulties in
settling the issues,
collecting data,
contracts i.e. the
lack of
information and
sources of law
- The unforeseen
has been
accommodated.
You should point
out what
experiences,
lessons can be
withdrawn and
learnt in terms of
collecting
necessary data,
actual contracts,
finding cases and
legislations

D.3 Demonstrate
convergent/lateral/cre
ative thinking. In
particular, you must:
- Explain what you
have studied in the
UK/foreign law
context can apply
to similar
situations in
Vietnam which is
demonstrated
through your
LO2. Be able to
apply the elements
of a contract in
business situations

P. 2.1 Apply the
elements of contract in
given business
scenarios. In particular,
you must:
- Identify whether
those essential
elements have been
integrated in your
selected contracts by
pointing out exactly
those elements.
P. 2.2 Apply the law on
terms in different
contracts. In particular,
you must:
- Identify and explain
what terms have
been used in the
contracts
P. 2.3 Evaluate the
effect of different terms
in given contracts. In
particular, you must:
- Figure out whether
those contracts
selected contain
those terms by
quoting them
precisely.




FRM03_Assignment brief_21.11.2012 Page 10

/application of law
for non-law
background
audience
- A range of methods
of presentation
have been used and
legal language has
been accurately
used
- The
communication is
appropriate for
familiar and
unfamiliar
audiences and
appropriate media
have been used.
Your work is made
clear and
understandable
enough for non-law
persons or any
ordinary people
critical conclusion
and
recommendations
- Show that ideas
have been
generated and
decisions taken.
Your conclusions
on contract
elements and
terms or
application of law
have been reached
as the result of the
ideas your raised
at the beginning
and have
demonstrated your
consistent work
- Prove that self-
evaluation has
taken place. Your
conclusion is a
result of a series
of analyses and
evaluation based
on your own
views and
decisions
- Show that
convergent,
innovation and
creative thought
and lateral
thinking have
been applied and
your receptiveness
to new ideas is
evident

Grading grid


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Pass (P) Merit descriptor (M) Distinction descriptor (D)
Pass criterion No. (P*.*) Merit descriptor No. (M*.*) Distinction descriptor No.
(D*.*)
Pass criterion No. (P*.*) Merit descriptor No. (M*.*) Distinction descriptor No.
(D*.*)
Pass criterion No. (P*.*) Merit descriptor No. (M*.*) Distinction descriptor No.
(D*.*)

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