1 Demonstrate a detailed knowledge of the law and practice in key areas of commercial law.2 Critically evaluate the law relating to businesses and commercial transactions.3 Analysecomplexfactualsituationsandidentifyandapplyrelevantlegalconcepts in order to reach reasoned conclusions and provide advice and recommendations.4 Understand and apply complex statutory and case law material.5 Demonstrate an awareness and understanding of current legal issues and problems relating to businesses and commercial transactions.TaskAnswer ALL FOUR questions. The overall word limit is 4,000 words, each question must not exceed a limit of 1,000 words. All questions are weighted equally. Part A Problem questionsQuestion 1Martin runs a small internet caf business in Portsmouth.Martin buys five new 27 Super Gaming monitors for 150 from ComputerTrader Ltd via the phone. The monitors are for the customer computers in his caf and he intends to use wall mounts to place the monitors directly onto the walls.When the monitors are delivered, he notices missing backplates leaving a small proportion of the back of the monitors uncovered. However, this part would later be covered by the wall mounting device. He also finds the contrast and colours of the screens to be very disappointing.The following day he receives an ad from a different seller, MonitorView.co.uk, who offer the same product for only 99. He contacts CompterTrader Ltd and explains that he terminates the contract because of the faults. CompterTrader Ltd acknowledge the issues and promise to remedy the faults immediately but are unwilling to accept Martins termination.Consider whether either party is in breach of contract and assess which remedies might be available.Question 2On Friday, Mary places an order for 2 dresses and 3 pairs of trousers with Kelly, an online fashion retailer. Mary pays for them in full and requests her order to be dispatched promptly, as she desperately needs to wear one of the dresses on Sunday at her birthday party. Kelly endeavours to process orders within 3-5 working days after orders have been placed and orders are not dispatched on bank holidays or weekends. For this reason, Kelly offered Mary a list of local couriers, who will deliver on weekends, for her to choose from. Mary picked Hermes, a local parcel delivery company, who were on the list that Kelly provided and asked them to deliver the clothes to Mary in the afternoon of Saturday. Joe, a driver of Hermes collected the clothes from Kelly and put them in a van with other parcels. Unfortunately, on his way to Marys home address, Joe had an accident with the van and most of the parcels were destroyed. Among the destroyed parcels is also the parcel with Mary’s clothes.Advise Mary as to who bears the risk for the goods and against whom she could recourse.Would there be any difference if Mary had placed the order with the aim to resell the clothes to one of her clients?Answer both questions. Your word count does not need to be distributed equally between these two
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