In each of the following situations, explain the legal position.
a. Rosemary is shopping in her local supermarket when she sees a notice saying special offer TV & DVD player
combined only 9.99. Rosemary immediately takes one of the TVs to the check out to purchase it, and the assistant
says: I am sorry, a number 9 must have fallen off the notice. The cost is actually 99.99. Rosemary insists she has
a legal right to purchase it for 9.99.
b. Queens Bookshop advertises in a local paper a special offer for students, which states that any student
purchasing two textbooks will be entitled to a third one free during the month of September.
Daisy purchases two textbooks and selects a third as her free book. Queens Bookshop insists she has to pay for all
three books.
Legal Studies: Assignment 2
2 The manager tells her that the promotion has ended due to huge popularity. Daisy insists she is entitled to the
free book.
c. Fleur borrowed 1,000 from James, promising to repay it on December 1st.
On December 1st, James accepted 800 in full and final settlement of the debt, but two days later said he had
changed his mind and asked for the remaining 200 to be paid. Explain whether Fleur is legally obliged to pay the
additional 200.
Would your answer differ if Fleur repaid James 800 one month early on November 1st?
Question 2
Henry is a taxi driver taking two passengers to the airport. He is unfit to drive due to having consumed alcohol at
lunchtime. He is driving erratically and loses control of the vehicle, resulting in it overturning and leading to a
fire starting in the engine compartment.
Advise the following claimants whether they have a valid legal claim in negligence against Henry.
a. Robert is a passenger in the taxi. He is a businessman and misses his plane to an important business meeting,
and as a result he loses a valuable contract. His claim is for the loss of profit he says he could have made on the
contract.
b. Jack is a passing motorist who stops to help get the passengers out of the taxi. Jack is badly burned as a
result and is taken to hospital for specialist treatment. He will not be able to work for at least six months.
c. David, Caroline and Fiona all suffer from post-traumatic stress following the event, and their claim is based on
their loss of earnings while unable to work:
David is a passenger in the taxi.
Caroline is Jacks mother, who witnessed Jack receiving emergency hospital treatment.
Fiona is Jacks colleague, who was a passenger in his car and witnessed Jacks injuries at the scene of the accident.
Question 3
Gerald is a property developer who has recently purchased a property for development. He has obtained planning
permission to convert the building into 10 retirement flats. He has engaged a reputable firm of builders, Stewart
Bros Ltd, as main contractor to carry out the renovations. One month into the work, Gerald has received two letters
of complaint:
Samuel, who is fifteen years old, has been gaining entry to the site by climbing over the 8ft-high security fencing
surrounding the site.
The first anyone knew he was doing so was when he fell and broke his arm. The letter threatens court action to
obtain damages for personal injuries and the cost of a new iPhone, because his was damaged beyond repair as a
result of his fall.
Angus is the local authority building inspector. He trips over a cable lying across an upper floor and falls down a
staircase. He is taken to hospital with concussion and claims damages for personal injury and loss of income for
time off work.
Advise Gerald and Stewart Bros Ltd whether Samuel and Angus have any legal claim under occupiers liability.
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