Assessment task and specific terms
There are two questions weighted at 25% each of the module mark and both must be answered. Each part is weighted equally. You should use roughly half the word count of 4,000 words on each full question.
There is nothing in the criminal law which either question turns on – i.e., it is all civil law.
Question 1 City Contractors Ltd (‘CCL’) closed down its Oldcastle trade counter and storage building in August 2021 due a big drop for building products in the area.
Northern Builders plc (‘NBL’) sent an email to City Contractors Ltd on 2 September 2021 which said: “We would like to purchase all of the outstanding stock and equipment previously held in the Oldcastle branch from you; we have identified specific funds for this purpose. state lowest acceptable asking price as soon as possible.”
City Contractors Ltd replied by post on 3 September 2021 stating, “Regarding your enquiry concerning our stock and equipment. We have estimated that this has a market value of £150,000 although for a quick sale to complete by 30 September, we can let this go at £125,000.”
Northern Builders plc replied by email on 6 September 2021, stating, “That is agreeable to us, we accept.
Finalise the sale by emailing our Head Office before midday on 10 September 2021.”
City Contractors Ltd decided to confirm the sale by trusting the post. A letter of affirmation was posted to Northern Builders plc Head Office on 10 September 2021. It did not reach the Head Office until 13 September 2021 by which time Northern Builders no longer wanted to purchase the equipment. In fact, at 7.30 am on 10 September, Northern Builders had left a message on City Contractors’ answerphone indicating that it no longer wished to purchase the equipment.
(1) Critically examine the law in relation to instantaneous communications in contract law; and
(2) Appraise with reasons whether a contract has been created.
