Writer’s Choice Essay

1、姓名,学校,专业,年级,电话,英语等级,分数 2、Essay 一般由哪几部分组成？ 3、Report 一般由哪几部分组成？ 4、一般Essay和Report对字体，行间距的要求是什么？ 5、如果一篇Essay文章要求谈leadership, 在introduction中，如果写了以下的文字，指出一处问题。 I will talk about

1、姓名,学校,专业,年级,电话,英语等级,分数

2、Essay 一般由哪几部分组成？

3、Report 一般由哪几部分组成？

4、一般Essay和Report对字体，行间距的要求是什么？

5、如果一篇Essay文章要求谈leadership, 在introduction中，如果写了以下的文字，指出一处问题。

I will talk about leadership in this essay.

6、Essay的Introduction 分为几个部分？一般要写清楚哪几方面问题？

7、did not可以缩写成didn’t在文中出现吗？是不是句子写的越复杂、越长就越好？文章段落和开头可以使用疑问句么？

8、introduction和conclusion的字数大概各占全文字数的百分之多少？

9、Essay中Introduction和conclusion的区别？

10、Report中Executive Summary主要写哪些内容？

11、Report中introduction可以分两段话写么？Report中introduction主要写什么？

12、用英文转述下面这句话(4分)

Human resource management is more important today in this age of technology, downsizing, and entrepreneurship.

13、References list 是如何排序的，是否需要编号？

14、英文资料可以直接引用么？直接引用是否会被判定为抄袭？

15、我们最常用的引用格式是哪两种？作业要求的字数不包括哪些

16、引文可以只在文中标注文末不标注吗？交稿日期是以客户下单表上的日期为准还是assignment上的日期为准？

17、文献最好来自哪里（书籍、期刊、网上）？

18、客户如果无特殊说明，一般1000字的作业需要几个文献？如果是literature review，一般1000字的作业需要几个文献？

19、如无特殊要求，可以引用中文文献或资料么？文献一般要求引用什么时间以后的？

20、分别写出下面几个外国人姓名中哪个是姓，哪个是名以及在文末写reference的时候应该怎么书写姓名？(每行占4分，共20分)

姓名

姓

名

文末写reference时候姓名的格式

Marnie Robinson

Archie B Carroll

Ann K. Buchholtz

Jim ,Green

MR Pincus

21、写出以下Journal哈佛引用

e.g.1

Article title

Marketing in Hypermedia Computer-Mediated Environments: Conceptual Foundations

Author

Donna L. Hoffman & Thomas P. Novak

Journal title

Journal of Marketing

Bibliographic details

1996, vol 60; number 3, pages 50-68

Publisher

American Marketing Association

Country of publication

USA

ISBN

ISSN

0022-2429

Language

English

Pricing

To buy the full text of this article you pay:
£4.80 copyright fee + service charge (from £8.60) + VAT, if applicable

1、文内引用格式

2、文尾References格式

e.g.2

Article title

Relationship Marketing of Services – Growing Interest, Emerging Perspectives

Author

Leonard L. Berry

Journal title

Journal- Academy of Marketing Science

Bibliographic details

1995, vol 23; number 4, pages 236-245

Publisher

Jai Press Inc

Country of publication

USA

ISBN

ISSN

0092-0703

Language

English

Pricing

To buy the full text of this article you pay:
£22.00 copyright fee + service charge (from £8.60) + VAT, if applicable

To see the abstract, point to the ‘A’ icon

1、文内引用格式

2、文尾References格式

Example Course work Question taken from Hamilton, Marina :Q & A Contract

Writer’s Choice Essay Information Technology Assignment Help Example Course work Question taken from Hamilton, Marina :Q & A Contract Law (2012) 2nd edition: Pearson

Question

Nick is a supplier of eco home pods: mobile units providing accommodation, manufactured entirely from sustainable and renewable sources. The wood used in his designs is locally sourced cedar and is decorated with plant-based paints and varnishes.

Tony sells wood for floors and cladding. Nick in his discussions with Tony explains how the whole of his business depends on his reputation as an ethical builder and any deviation from his environmental policies would destroy his credibility in the eco home pod marketplace. Nick is therefore adamant that all wood is locally sourced and all varnishes and paints are plant rather than chemical based. Tony promises that this is not a problem and that he will be able to comply.

Nick and Tony enter a written agreement which specifies that the contract will last five years, the delivery dates, amounts, price and wood type. The contract is silent as to sourcing and paint/varnish requirements.

Three months into the contact, Nick discovers that when the locally sourced cedar is not available Tony has been making up the order with cedar sourced from Canada, but not charging any more for it. It also comes to light that all the wood finishes supplied by Tony use the same chemical-based varnishes and paints.

Advise Nick, who wishes to terminate the contract and recover potential damages.

ANSWER PLAN

Discuss whether Nick can have additional terms read alongside the written contract; this involves a discussion of the parol evidence rule and the exceptions to it.

Explore the possibility that there has been the creation of a collateral contract.

Presuming Nick can rely on additional express terms as to the sourcing of the wood and the varnishes and paints, he will only be able to terminate the contract if the terms breached are conditions.

SUGGESTED ANSWER

Parties to a contract will determine certain terms between themselves. These terms are called express terms. During discussions and negotiations it can be hard to determine which parts of het negotiations were agreed to and which amounted to no more than representations or which propositions were rejected as not being feasible for or desirable to one or other of the parties. Where the parties put their agreement in writing, the law presumes that it is the intention to be bound by those and no others.

The refusal to consider extrinsic evidence to the written agreement is known as the parol evidence rule. This rule provides that the parties will be bound by the terms of the written agreement and no evidence will be admitted which purports to vary, add or contradict that document. (See Elliott & Quinn (2013) at page 133)

Exceptions to this have been developed where the document does not truly reflect the intentions of the parties. Unless Nick can rely on one of these exceptions, he will be bound by the written terms of the contract with Tony.

The parol evidence rule will not be applied where a term agreed orally is of such importance that it should be read alongside the written agreement.

In Bannerman v White (1861) 10CBNS 844 the fact that sulphur had not been used in the production of hops purchased by the seller was held to be a term of the contract a it was known to both parties to be of importance. The courts accepted that, had the defendants informed the plaintiffs that the hops had been subjected to sulphur they would not have entered negotiations, not even to ask the price.

The situation with Nick and Tony has direct parallels with Bannerman v White. Having the wood sourced from Canada and the paint and varnishes having a chemical base are not acceptable terms for Nick and he would never have agreed to them. Tony was fully aware of this situation and the importance of the sourcing of the wood and the ingredients of the paints and varnish.

An alternative argument available to Nick is that alongside the main written agreement was an oral collateral contract to the effect that the wood was locally sourced and the paints and varnishes plant-based. In order to find a collateral contract, Nick must have provided consideration for the promises as to sourcing and the paint and varnish, It is sufficient consideration that the other party entered the amine contract (Heilbut, Symons & Co. v Buckleton [1913] AC 30).

The finding of a collateral contract will allow an exception to the parol evidence rule to add to, vary or even contradict the main written agreement (City and Westminster Properties v Mudd [1958] 2 All ER 733). The written lease in City and Westminster Properties v Mudd prohibited a tenant from sleeping on the premises. The defendant asked if he could continue his previous practice of sleeping on the property and the plaintiffs agreed on the understanding that he signed the lease. The plaintiffs ten year later sought to have the defendant forfeit the lease, on the grounds that he had breached the written agreement by sleeping on the premises. It was held that the collateral contract was a promised not to enforce that particular term as to forfeiture, which could be used as a defence to the action brought for breach of the covenant not to sleep in the shop. In finding a collateral contract, Tony would be in breach of contract in not sourcing the wood as promised and using paints and varnish contrary to the agreed process of manufacture, as the collateral contract would add to the terms of the main agreement. Nick has provided consideration in entering the contract with Tony, which he would not have done on any other basis.

Nick will be able to argue successfully either that the written agreement be read alongside the oral terms as to the sourcing of the wood and the plant-based paints and varnish to be used, or that there is an enforceable collateral contract in existence which contains those terms. It is, however, the status of those terms which will determine Nick’s remedies for any breach.

Terms are classified as conditions, warranties, or innominate terms. A condition is a fundamental term of the contract which if breached gives the innocent party the right to an option to terminate the contract and claim damages. A warranty as a less important term will only give rise to an award of damages if breached (Roach (2012) at page 171). The difference can be illustrated by the following two cases. In Poussard v Spiers and Pond (1876) 1 QBD 410, missing the first week of a season’s performances for a signer was a repudiatory breach of contract as the opening night has such significance. By contrast, in Bettini v Gye (1876) 1 QBD 183, missing three days of rehearsals before performances began was an ancillary to the main part of the contract and therefore amounted only to a breach of warranty, giving rise to an award of damages only and not a right to termination. If a term is not designated a condition or a warranty by operation of law or by interpreting the intent of the parties, it may be designated an innominate term, which will look at the consequences of the breach to determine whether or not that breach should be treated as s breach of warranty or condition (Hong Kong Fir Shipping Co. Ltd v Kawasaki Ltd [1962] 1 All ER 474).

From the facts given, both Nick and Tony were aware of how important the sourcing of the wood and the materials used to decorate that wood were to the eco home pod business, and therefore the courts would have no problem in determining these requirements as conditions. The breach of these conditions would entitle Nick to repudiate the contract with Tony and claim any damages arising from that breach.

Confining the parties to the written agreement they have made can create certainty and maintain the objectivity of the law. In situations such as that with Nick and Tony, it can also fail to give effect to the true intentions of the party. The Courts would therefore in this situation give effect to Nick’s very clear requirements as to the quality and characteristics of the wood, paint and varnish, recognising them as terms of the agreement or terms of a collateral contract: in either case having the status of conditions, breach of which will allow Nick to terminate the contract and claim any losses

1088 Words

BIBLIOGRAPHY

Adams A, (2012) Law for Business Students, 7th edition, Harlow: Pearson

Elliott, C. and F. Quinn (2013), Contract Law, 9th edition, London: Pearson Education.

Macintyre, E. (2012) Business Law, 6th edition, Harlow: Pearson

Roach, Lee (2012), Card & James’ Business Law for Business, Accounting & Finance Students, 2nd edition Oxford: Oxford University Press.

Stone, R. (2011) The Modern Law of Contract (9th Ed.) Routledge

LIST OF CASES

Bannerman v White (1861) 10CBNS 844

Bettini v Gye (1876) 1 QBD 183,

City and Westminster Properties v Mudd [1958] 2 All ER 733

Heilbut, Symons & Co. v Buckleton [1913] AC 30

Hong Kong Fir Shipping Co. Ltd v Kawasaki Ltd [1962] 1 All ER 474

Poussard v Spiers and Pond (1876) 1 QBD 410

2

ASSIGNMENT The coursework assessment will be based upon an essay or a

ASSIGNMENT

The coursework assessment will be based upon an essay or a problem question format, or a combination of the two and details will be issued in week 2.

One piece of work must be submitted. All work must be word-processed and handed into the reception at Riddel Hall, Block 3, in accordance with School procedures. Essays should be a minimum of 1,000 words, not exceed 1,200 words and a word count included. Students should use Times New Roman size 12 font and ensure that the work is double-spaced. A bibliography must accompany the essay. Each student should submit two hard copies. One hard copy of the assignment will be retained for possible consideration by the external examiner. The other copy will be returned to the student with a comment sheet and mark attached.

Essays marked will be retained for examination purposes. In accordance with University regulations, work that is submitted after the official deadline will have 5% per working day, or part thereof, deducted from the final mark. This excludes days on which the University is officially closed. Work that is submitted 5 or more working days after the deadline will receive a mark of zero. Extensions may be given by the Module Coordinator on receipt of bona fid e documentary evidence AND the completion of the School Exceptional Circumstances Form. Please note that a request for an extension must be made prior to the submission date. Extensions of more than a few days must have the permission of the Director of Education.

Any individual work submitted must be a student’s own work: plagiarism and collusion (where students work together and submit demonstrably similar work) are serious academic offences in the university, with penalties including capped marks, marks at zero, written warnings and suspension for a repeat offence (see Student Handbook). Each student must complete the anti-plagiarism form when submitting the assignment.

COURSEWORK ASSIGNMENT FOR SUBMISSION ON OR BEFORE 30 NOVEMBER 2018

TITLE

“[Exclusion and limitation] clauses developed during the golden age…when laissez-faire principles reigned….[T]he emphasis in the twentieth century was upon the need to protect the consumer…[I]n order to balance these two diametrically opposing positions the courts have attempted to limit the use of exemption clauses.” Richards, Law of Contract.

R e quire me nt

With the use of case law explain how the use of exclusion and limitation clauses is limited and consider the relevance of the above quote in the twenty-first century modern world

READING:

Because the module is built around a number of elements: Northern Irish Legal System; Contract Law, Tort Law, and Employment Law amongst others, there is no one textbook which covers all the substantive topics and skills covered in the module. However every effort has been made to ensure that there are adequate resources in the library to meet the needs of students studying this module.

Main course text: the text which is recommended to get you started is:
Elliott, C. and F. Quinn (2017), Contract Law, 11th edition, London: Pearson Education.

(available in e-book format)

Supplementary texts

These following texts need not be purchased and are available from the university library

Adams A, (2018) Law for Business Students, 10th edition, Harlow: Pearson (available in e-book format)

Finch, E and Fafinski, S (2018) English Legal System, 7th edition, Pearson Education (available in e-book format)

Macintyre, E. (2018) Business Law, 9th edition, Harlow: Pearson (available in e-book format)

Poole, J. (2016) Textbook on Contract Law (13th Ed.) Oxford University Press Stone, R. (2017) The Modern Law of Contract (12th Ed.) Routledge

Sturgeon Lisa, (2016) An Introduction to Business Law in Northern Ireland (2nd Edition) : Chartered Accountants Ireland.

Janet O’Sullivan and Jonathan Hilliard (2018).The Law of Contract (8th ed) Oxford University Press

Keenan, D. and Riches, S. (2013) Business Law, 11th edition, Harlow: Pearson

Marson J, & Ferris K, (2018) Business Law 5th edition, Oxford University Press

McKendrick, Ewan (2017) Contract Law, 12th edition, London: Palgrave Macmillan

Roach, Lee (2016), Card & James’ Business Law , 4th edition Oxford: Oxford University Press.

Holland, J. and J. Webb (2016), Learning Legal Rules, 9th edition, Oxford: Oxford University Press.