Posted: November 4th, 2022

Common Law Equity Assignment | Homework For You

Learning outcomes The learning outcomes shown in bold text are fully covered by this assignment. The other outcomes are partially covered. Code Description LO1 Write a page paper - Describe and discuss the role of law, its sources Common Law Equity, Statute and European Law) and the workings of the court system. LO2 Write a page paper - Describe and evaluate methods of alternative dispute resolution. LO3 Write a word essay - Evaluate the impact and effects of European law, both EU Law and Human Rights law. LO4 Write a page paper - Describe the elements of contract and tort law, the ambit of contract and tortuous liability and the rights and duties of persons relating to contract and tort. LO5 Prepare reasoned advice on a range of straightforward legal problems.

Case study 1 Max was interested in buying a business, HMO Conversions Ltd, which specialized in converting residential properties into HMOs (houses in multiple occupation) for the buy-to-let market. Max was keen to ensure the business was a good investment so he approached a local charity, Phoenix, who provide advice to small businesses. Tim, who had just started working as a business consultant, decided to volunteer at Phoenix to gain experience. Tim prepared a report for Max advising on the prospects of HMO Conversions Ltd. Tim’s report was very positive and concluded that HMO Conversions Ltd was in great shape and had excellent prospects for the future. Acting on the information contained in the report Max decided to buy HMO Conversions Ltd.

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It transpires that, when Tim prepared the report, he failed to inspect HMO Conversions Ltd’s accounts so he was unaware that the business was in a poor financial condition. Also, Tim had not read a recent article in the Business Consultants’ Gazette, a leading trade journal, detailing a new EU Regulation which increases regulations relating to HMOs and concluding that businesses offering HMO Conversions were no longer considered a sound investment. Max invested all his savings in HMO Conversions Ltd. Subsequently business declined and HMO Conversions Ltd went into liquidation.

Max lost his entire investment. Tim decides not to take legal advice but is very concerned about the impact of any potential claim on his new business consultancy enterprise, so he offers Max £50,000.00 to settle the matter. Tim has watched a YouTube video on settling disputes so on the top of his letter he writes: ‘Without prejudice save as to costs’. In his letter, he states that he is making the offer of £50,000.00 to settle under Part 36 of the Civil Procedure Rules and if Max accepts his offer within 30 days he will also pay any legal costs which Max has incurred.

© University College of Estate Get research paper samples and course-specific study resources under   homework for you course hero writing service - Manage ment 2017 Page 3 of 8

Task 1 a. Explain whether the new EU Regulation relating to HMOs is applicable to HMOs in the UK immediately or whether it requires implementation by the UK government before becoming ‘law’. (150 words)

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b. Advise Max of his possible claim in negligence. (1,350 words)

c. Advise Max of the potential cost implications of Tim’s Part 36 offer to settle. You should explain the cost implications in the event that: • Max accepts the offer before the expiry of the 30-day period; • Max accepts the offer after the expiry of the 30-day period but before trial; • the matter proceeds to trial and Max is awarded more than £50,000.00; • the matter proceeds to trial and Max is awarded less than £50,000.00; and • the matter proceeds to trial and Max is unsuccessful. (1,000 words) Business Law Assignment: I need help writing a research paper.

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