Question-   Recommend Appropriate Legal Solutions

Solution-
  1. Recommend legal solutions for resolving a range of disputes using examples to demonstrate how a party might obtain legal advice and support(P6)

  1. Corvo offered to sell a farm to Beam for £1,000. Beam in reply offered £950 which Corvo refused. Beam then sought to accept the original offer of £1,000 but would make payment only next month. Corvo then sold the farm to his best friend, Lushen. Beam brought an action for specific performance. (Acceptance)
  • Rules

Mirror Image Rules(An offer will not be accepted if there is an modification, or not it will become a counter-offer, which concludes a rejection of the original offer),

Counter-Offer(A counter-offer is the intention of accepting an offer on different terms instead of the original one. The rule of counter-offer that it does not constitude acceptance).

  • ApplicationAnalysis: Based on the Mirror Image Rules,Beam had made an modification for lower the original offer to £950. Furthermore, Beam had also made a Counter-Offer as he accepted to do payment of £1,000 to buy the farm but not until next month.
  • Court Decisions: According to a case example of Hyde v Wrench 1840, Corvo did not have to responsible for any legal action brought by Beam since he had the right to reject Beam’s counter-offer.

 

  1. Donald hired Douglas to install wall papers on the walls in his living room and promised to pay him £3,000. After installing the wall papers, Douglas installed wooden decorative skirtings to the wall. The wooden decorative skirtings are not part of the contract. Donald was so pleased with the work that had been carried out that he promised to pay Douglas an extra sum of £1,000. Donald is now refusing to pay the extra money; in fact he is seeking to reduce the contractual price to £2,000.
  • Rules:

Mirror Image Rules (An offer will not be accepted if there is an modification, it will become a counter-offer, which concludes a rejection of the original offer),

Past Consideration(The consideration to make a promise after a voluntarily performance is past consideration.The rule of past consideration is no consideration).

  • ApplicationAnalysis:Based onthe Mirror Image Rule, Donald had modified the contract as hereduced the original offer to £2,000.In addition, Douglashadvoluntarily set up the wooden decorative skirtings to Donald’s wall, which is not originally part of the contract. After that, Donald promised to give him extra £1,000 which is a Past Consideration, therefore there is no consideration.
  • Court Decisions:According to a case example ofRosorla v Thomas 1842, Donald does not have to pay for the extra £1,000 considered as a past consideration, since promises made after the contractwas formedis not binding. However, Donald must pay£3,000 to Douglas according to the original contract.

 

  1. Facts: Peter, a minor had been allocated shares in British Food PLC and had made an initial payment, but was unable to meet future payments. As such, he brought a claim to end the contract and recover the money already paid. (Capacity)
  • Rules: Voidable Contracts - Purchase of Shares (Binding on the minor unless he or she deny it only before 18 years of age. The rule of repudiation is to relieve the minor of all future liabilities. However, whether or not he or she get to receive the return money depends on consideration)
  • ApplicationAnalysis: Peter is a minor and he wanted to put an to end to a contract of allocating shares in British Food PLC which had already done initial payment but cannot afford to do any other payment in the future. He also wished to receive the money paid.
  • Court Decision: According to a relevant case ofSteinberg v Scala (Leeds) 1923, the contract had come to an end as Peter claimed to reject it. However, the money paid cannot be return to him unless there has been no benefit received.

 

  1. Compare and contrast different sources of legal advice and support for dispute resolution.(M4)

Items

Similarities

Differences

  1. Legal Advice
  1. Citizens Advice
  2. Law Centres

 

  • Conveniently available to search online.
  • No charges required in finding their clients a solicitor.
  1. Citizens Advice
  • Run by a small staff team and a board of trustees known as members of Law Centres.
  • Provides legal services on a wide range of issuesrelated towork,debt and money, consumer, housing,family,etc.
  1. Law Centres
  • Operated by a Patron, trustees and executive directors.
  • Provides main legal services on social welfare law: disability rights, discrimination, and employment rights, etc.
  1. ADR
  1. Litigation
  2. Arbitration
  3. Mediation

 

  • These three kinds of ADR are all created to resolve disputes.
  • Disputes (if needed) are settled in court based on theconstitution.

 

  • In mediation,the mediator is not a decision-maker.  Rather, the mediator assists the parties through facilitating a negotiation.
  • Contrary to mediation, litigation and arbitration are binding forms of dispute resolution where a judge or an arbitrator hears evidence and renders a decision.

 

  1. Evaluate the effectiveness of legal solutions, legal advice and support for dispute resolution. (D3)

Items

Advantages

Disadvantges

Case Number

Evaluation for Effectiveness

  1. Legal Solution
  1. Corvo vs Beam
  2. Donald vs Douglas
  3. Peter vs British Food PLC
  • Guaranteeda consistency and predictability legal system.
  • Ensure flexibility.
  • Time-savingon future rulings.
  • Create complexities to the legal system.
  • Create unnecessary decisions for a case.
  • Faceuncertainty until a final ruling is made.

Case No. 1:Hyde v Wrench 1840

Case No. 2:Rosorla v Thomas 1842

Case No. 3:Steinberg v Scala (Leeds) 1923

A huge benefit of judicial precedent that it serves as a useful tool in time-saving on future rulings. For example, it had helped the judges to quickly find a resolution for the case of Corvo vs Beam since they can just apply the relevant details from Hyde v Wrench 1840 then announce the final decision. This way more cases will be solved swiftly and precisely.

  1. Legal Advice
  1. Citizens Advice
  2. Law Centres
  1. Citizens Advice
  • Advices are provided for free.
  • Available on online web.
  • Scope of legal advice given is large.
  1. Law Centres
  • Advices are provided for free.
  • Available on online web.
  • Law Centres are specialists in social welfare law.
  1. Citizens Advice
  • Consume much time in dealing with cases
  • Limitied qualified advisors
  1. Law Centres
  • Scope of legal advice given is limited
  • Lack of telephone advice.

Appying legal advice for each case:

Case No. 1:

Corvo vs Beam - Citizens Advice for Corvo

Case No. 2:Donald vs Douglas – Law Centresfor Douglas

Case No. 3:Peter vs British Food PLC – Citizens Advice for Peter

Based on the case of Donald vs Douglas, Douglas can easily find legal help through Law Centres’ websit on employment rights as Donald cannot exploit his work then reduce the promised payment. This wide scope of legal help online service enable everyone in the UK to seek for the help they needed.

  1. ADR
  1. Arbitration
  2. Mediation
  1. Arbitration
  • Has lower overall costs due to quick disputes resolution than in court system.
  • Ensureprivacyfor clients.
  • Proceedings are far less formal than a trial.
  1. Mediation
  • Inexpensive disputes solving process.
  • Relatively simple procedure-conducting.
  • More agreeable to both parties than court judgments.
  1. Arbitration
  • The cost of arbitration is on the rise.
  • Decision-making of the arbitratormay bebiased.
  • Lack of formal discovery.
  1. Mediation
  • Does not always result in a settlement agreement.
  • Lacks the procedural and constitutional protections.
  • Has no formal discovery process.

Applying ADR for each case:

Case No. 1:Corvo vs Beam - Arbitration for Corvo

Case No. 2:Donald vs Douglas - Arrbitration for Douglas.

Case No. 3:Peter vs British Food PLC – Mediation for Peter

Choosing to solve the disputes with mediation process is suitable for Peter as a minor that he does not need to pay much to have the dispute solved. In fact,

 

 

 

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