LA4005: Seamus wants to sell some of his valuable old paintings that he has collected over the years: Legal Environment of Business Essay, UOL, Ireland

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University University of Limerick (UOL)
Subject LA4005 Legal Environment of Business

Question 1

Seamus wants to sell some of his valuable old paintings that he has collected over the years. He phones Eileen, an art dealer, and asks her if she would be interested in purchasing 3 of the paintings for the value of €20,000. Seamus tells Eileen that she can have two weeks to think about it and if she wants to purchase the paintings she should sent a letter by post with a €1000 deposit to secure them. Five days later Eileen learns that Seamus has sold all the paintings to another art dealer. Later that day Eileen posts her letter of acceptance with the €1000 deposit. Seamus now refuses to sell to Eileen and she seeks your advice as to whether she can enforce the agreement.

Advise Eileen. You must support your answer with discussion of relevant case law.

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Question 2

Write a note on two of the following:

a) Discharge of a contract
b) The Doctrine of Consideration
c) Misrepresentation
d) General defenses to a legal action based in tort law

Question 3

Connor is at a work Christmas party. A lot of food and drink is provided. Connor consumes some of the food including some mini quiches which were bought in a local supermarket. On biting into a quiche, Connor discovers a piece of glass in the quiche, which cuts his lip and tongue. He is taken to hospital and treated for his injuries. The next day he contacts the supermarket where the quiche was bought to complain and they inform him that they are not responsible for checking packaged products, and that he should contact the manufacturers of the product. Connor does so and is now suing the manufacturers. He seeks your advice as to the likely outcome of his case.

Advise Connor. Support your answer with discussion of the relevant case law.

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Question 4

Answer BOTH (a) AND (b)

a) Eva is interested in starting a retail business in Cork. She knows she can do business as a sole trader, or form a partnership with others, or register a company, but she does not know which form of business organization is more advantageous. Eva has approached you for advice on the advantages and disadvantages of her options. Advise Eva on the advantages and disadvantages of trading as (1) a sole trader; (2) a partnership; (3) a registered company.

And

b) A company is, at law, a separate legal entity distinct from its members.
Discuss with reference to relevant case law and legislation

Question 5

Critically discuss the criteria developed by the courts, for distinguishing between a contract of service and a contract for service. You must refer to relevant case law and legislation in your answer.

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Answer