SCENARIO
You have been newly appointed to a senior construction lawyer position in one of the top firms in the country. One of your first assignments is to address the cases or events below. Due to time constraint in the organisation, you must address number 1 in addition to one other number.
The events are entirely hypothetical.
Number 1
After seeing an advert on a catalogue, Haws Contractors sent a cheque to BKS Supplies to cover for the cost of 5 pieces of ‘Haw Medway 2 sidelight pre-hung Upvc door, right hand hung’ sets at £650 each and 3 pieces of ‘Haw Medway 1 sidelight pre-hung Upvc door, left hand hung’ sets at £500 each. One week later, BKS Supplies returns the cheque to Haws Construction with a letter, stating that the products are unavailable but can be supplied next month at an additional cost of £50 each, as the cost of the products have increased. Haws Construction is not happy about this, arguing that BKS Supplies is legally obliged to supply the product at the initial cost, as a contract has been formed.
Tasks:
• Critically analyse the scenario including clearly demonstrating the key elements of a contract.
• Advise Haws Construction on their legal position including whether there was a contract. This must be justified in detail.
• Haw Construction will also like you to use an example to briefly explain Privity of Contract to them as they seem to be having a misunderstanding about this in another project.
Number 2
Lily is an experienced building surveyor who works for Qubeland Consultants and Contractors (QCC). There has been recent developments at QCC that she was negligent in surveys and write up which she carried out few months ago. While it was below the expected standard, it resulted in damage to Mr. Wills’ property estimated at £30,000. Mr. Wills who contracted the services of QCC wants to make a claim against them but QCC views that this should be against Lilly. QCC is not insured in this instance.
Task:

Critically analyse this scenario and demonstrate (with adequate justifications) whether and how Mr Wills will make a case in a court of law.

This is a guideline and inexhaustive.
 This piece of work should be presented in an essay format. It should have an introduction, main body and conclusion.
The introduction should provide the background of the work, define any terminologies that will be used, among many, tell the readers what the work will do and outline how the work will be presented.
The body of the essay: this is the main part of the essay. It should present balanced arguments which should centre on legal issues in the construction and property sector. However, you can use previous cases from other sectors but they must be relevant and current. Again, your arguments should be logical and supported with case laws where possible. The suggested reading of the module can suggest or show reasoned opinions that may be helpful.
The conclusion: This will start with a reminder of what you have done. You are to cover the key points in the work but bring them together. Here, the readers expect to see, at least, predicted main judgments or verdicts outcomes of the legalities applied to the scenarios. This should be supported by the logical arguments presented in the main text.
The paragraph should be logical and not overburdened.
The work needs to be in your own words. Cutting and pasting of text more than one sentence is not allowed. Significant similarity index in Turnitin will attract a penalty.
There should be headings and subheadings (where applicable) which should be reflective of the content that follow. For example, the heading ‘main body’ tell the readers nothing.
Citations (references) in the main text and the list of references presented at the end of the report must be in line with the Harvard Referencing System. Do not cite lectures, lecture notes or slide etc.
Communication must be clear, effective and error-free throughout the report. The following points should also be used as further guidance:
1) Direct speech including writing in the first, second person (e.g. I, we, you etc.) is inappropriate for academic reports and must be strictly avoided.
2) Short and clear sentences must be preferred in order to avoid slipping into note form. 3) All abbreviations must be explained It is expected that you will conduct further research and reading to enable you adequately interpret the laws and apply (where applicable) the relevant cases. You need to be careful when using search engines to trawl the internet as it can be misleading. You will be penalised for using unauthorised website, including those from abroad. One of the ways of improving the trust worthiness of the work is by using the recommended and core text on the module descriptor. The list is not extensive.
 Referencing and citation requirements: You are expected to refer to the indicative bibliography of the module provided in Canvas and the additional bibliographic sources suggested in the lecture notes. In addition, you must undertake your own appropriate further reading and research in relation to the matters addressed in this coursework brief. Evidence of independent reading and research will be rewarded. A list of References must be presented at the end of the report listing all bibliographic sources cited.