Practical Law for Construction & the Built Environment

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Learning outcomes
Code Description
LO1
Demonstrate knowledge and critical understanding of the legal principles and practice relating to real estate and construction
LO2
Identify, evaluate and select appropriate information from a range of sources
LO3
Analyse contextual and legal material in order to establish a reasoned professional overview; and appraise problems, presenting logical options based on legal principles
LO4
Act autonomously in planning and implementing tasks; and communicate information accurately and coherently using legal terminology
Scenario
Rehan is a builders merchant and part-time property developer, who also on occasion undertakes small jobs for his friends and acquaintances. He now requires your advice in the following situations.
Sid, a building contractor, wrote to Rehan, on 20 August as follows: ‘do you still supply Falco Stone Chippings? If so, could you please supply 3.5 tonnes by 1 September’. On 25 August, Rehan replied that ‘I cannot deliver the order until 15 September due to production problems. I trust this is acceptable.’ Rehan enclosed an invoice for the chippings. Sid, on receiving Rehan’s letter and the invoice, telephoned Rehan at 5.30 pm and, not receiving a reply, faxed a message stating that delivery on 15 September would be acceptable, though an earlier delivery would be appreciated if this became possible. The faxed message was picked up the next morning by a labourer employed by Rehan who put it in his pocket and forgot about it until later that day. On the same day Sid discovered that he could have the stone delivered on 1 September at a cheaper price by another supplier. Sid telephoned Rehan and told him that he wished to cancel his order. Rehan, who had just been given the fax by the labourer, stated that as far as he was concerned they had a contract and that he intended to order the stone and deliver it as agreed.
Georgia, a freelance artist, who lives nearby, asked Rehan to redecorate the exterior of her property. Rehan accepted the work for an agreed price of £2,000, to be paid in two instalments of £1,000. Rehan then completed the work as specified. Georgia paid the first instalment of £1,000 but, by the time she was required to pay the second instalment, she had run into financial difficulties. She offered to pay £500, in respect of the second payment, and also to paint Rehan a picture of his pet dog. Rehan accepted Georgia’s offer. Rehan is now in possession of the painting, which Georgia produced, and the £500. However, Rehan now feels that he has done badly from his bargain with Georgia as the painting is virtually worthless.
Task
Advise Rehan whether he has a binding contract with Sid and whether he can recover £500 (the balance outstanding on the second payment) in respect of his redecoration works.

Marking criteria
Guidance for students on how to use the assessment criteria marking guide.
This guide is designed to help you to do as well as possible in your assessments by explaining how the person marking your work will be judging it. This should ensure you are aware of what they are looking for when you prepare your assessment. When you receive feedback on your assessment, the guide should also help you to see where you lost marks and how you could have done better.
Every assessment will have a brief. The assessment marking guide should be read alongside the assessment brief. In the brief you will be told what you have to produce. So, for example, you might be asked to:
 Select an example of a building you are familiar with.
 Provide a report on a particular aspect of that building for an identified client.
 Make recommendations for the client on the identified aspect of the building.
The assessment criteria marking grid will enable you to make judgments on how you should approach this assessment to take into account the generic requirements for your performance at this level.
Where there are special criteria which relate to the specific subject matter of your course, or a particular type of assessment, you may be provided with some additional criteria. An example of this might be if you are required to work as part of a group, where your tutor might add a criterion that describes how marks will be allocated for successful team working.
It is suggested that you read the assessment grid before attempting each assessment and keep in mind what will help you to achieve the highest marks as you work on the assessment. Once you have finished you should review the assessment before submitting it, to check you have done what is required to achieve the highest marks to the best of your ability.
When you receive your feedback from your tutor you should clearly be able to see which categories you lost marks in. The feedback should provide you with more detail on the extent to which you have achieved each of the criteria, as well as recommendations of how to improve

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