| Category | Assignment | Subject | Law |
|---|---|---|---|
| University | University of Dundee (UOD) | Module Title | LW21002 Business Organisations |
| Assessment Type | Coursework |
|---|---|
| Academic Year | 2026 |
This assessment asks you to answer a legal problem question. When approaching this exercise, you may wish to consider the advice given in Black (ed) Business Law in Scotland (4th edn) Chapter 23 which is called “Introduction to Legal Writing and Problem Solving Techniques”. This is available digitally on the ScotÝsh Property Module Reading List (which you can access here). Another general piece of advice is to work out the answer to the legal issues before you start writing.
The purpose of a legal problem question is to test your ability to identify the legal issues, find and explain the relevant law and to apply that law to the given facts. You are also being tested on your ability to write clearly, concisely (avoiding irrelevancy or “wafÒe”) and accurately.
The default rubric weightings (see the general Guide to the Dundee Law Marking Rubric in the assessment folder) have been adjusted for this assessment to give more weight (50% rather than 35%) to Knowledge & Understanding (your knowledge of the relevant law and ability to apply it to the given factual scenario) and to give less weight to Sources & Referencing (10% rather than 25%). This is in recognition of the fact that this assessment is not asking you to do as much independent legal research (compared to what would be expected in, for example, an essay).
Albert was recently hired by GreenCo Ltd as a marketing assistant. GreenCo Ltd have told him that for the first 6 months he will be training. Albert has been working with the senior marketing coordinator, Roger, on an important trade show presentation for SustainableNow, a once a year opportunity to connect and form deals with other like-minded businesses. On the day of the trade show, Roger is called away by a family emergency and Albert is left to do the presentation alone. The presentation goes very well! Albert is very happy, and even more so when he is surrounded byinterested businesses. One of the businesses is SqueakyClean Ltd, a producer of green skin-care products. The representative of SqueakyClean Ltd approaches Albert and tells him that SqueakyClean Ltd is prepared to offer a 50% discount on deals made at the trade show. Albert knows that SqueakyClean Ltd was one of the main businesses that GreenCo Ltd was interested in connecting with at this event. Albert also knows that Janie, the sales assistant that attended the show with Roger last year, made a huge deal with ClearNow Ltd while she was in training. GreenCoLtd was over the moon with the deal Janie made and she was made employee of the month for three months in a row following this. Excited by the prospect of being employee of the month, Albert comes to a deal with SqueakyClean Ltd for 1,000 of each of their items. With 10 items in theSqueakyClean Ltd range, this amounts to 10,000 items.
When Albert gets back to the ofÏce the next day and tells everyone of his success, Roger is outraged. While GreenCo Ltd was extremely keen to make a deal with SqueakyClean Ltd, they were only interested in one particular product, the GreenClean Moisturizer, which has been flying off the shelves all over the country. When Roger approaches SqueakyClean Ltd about this and saysthat Albert was not supposed to come to a deal with them, SqueakyClean Ltd is not impressed andtells Roger that a deal is a deal.
GreenCo Ltd wants to know if there is any way they can get out of the contract with SqueakyClean Ltd?
At the same trade show, Milia, a HR assistant for CleanCo Ltd, has been sent with specific instructions to find the Chief Marketing OfÏcer of Without-a-print Ltd, Lorraine Sellers, and convince her to join CleanCo Ltd. Milia is often sent to find impressive people in the industry and offer them positions at CleanCo Ltd with the idea of creating the strongest possible team. On occasion when Milia has bumped into high profile executives, she has made offers to them on the spot even without instructions from CleanCo Ltd. CleanCo Ltd has always been happy with Milia’s performance as their HR assistant and the choices she has made in hiring. Milia is told that it is imperative that Lorraine join their team as she the best there is. Milia has been given a salary range which she can offer Lorraine as well as several perks to try and convince Lorraine to join the company. Amongst the perks are a double-sized ofÏce facing the park and two bonuses to be negotiated by Milia. The first bonus is a holiday bonus at the end of the year of up to £4,000 , and the other bonus is a yearly salary promotion of up to £6,000 .
Milia finds Lorraine just as she is leaving on her way to lunch. In order to keep on talking, Milia offers to take Lorraine to a well-known, but hard to get into, lunch spot that Milia happens to know the manager of. Over lunch she manages to get Lorraine to agree to the annual salary and the ofÏce, however the bonuses require a bit more negotiation. Milia negotiates the holiday bonusto £3,500, however, she has to go up a bit on the promotion bonus and she and Lorraine finally settle on £6,300.
The bill for lunch is £98 and the taxi ride to the lunch spot amounted to £20. Milia assumes she willbe reimbursed for these amounts.
When Milia returns to work the next day and informs everyone of her success, there is some dissatisfaction. The executive team are unhappy with the following:
The executive team want to know whether CleanCo Ltd, or Milia, will be liable for the excessive bonus amount promised to Lorraine, and whether CleanCo Ltd will need to reimburse Milia for the cost of the lunch and taxi ride.
Bowen and Brian have set up a partnership for their new business venture, WillowWall, which specialises in interior design for children’s bedrooms. While Bowen and Brian have invested heavily toward the business, such as purchasing an ofÏce space and a van with their logo on it, they both know they do not have an eye for interior design. Given this, they hire Bridget, an experienced interior designer with an impressive portfolio of children’s rooms and play areas. Bowen and Brian are very happy with Bridget and their business starts to grow very quickly. Bridget finds that she needs extra space to display her designs and so she eventually buys the small studio next to the WillowWall ofÏce and organises the extension of the ofÏce space. She alsostarts taking on more and more tasks from Bowen and Brian as she is more familiar with the day-to-day goings on of WillowWall. Eventually, it is at a point where Bridget is pretty much managing the business entirely.
After about a year, Brian announces that he has decided to retire. He would like the partnership tobe dissolved so he can take his part of the money and move somewhere tropical and warm. When Bowen and Brian are discussing this, Bridget asks why she isn’t part of the discussion too as all three are clearly in a partnership. Bowen and Brian are surprised by this and say she is not a partner.
Brian, feeling that this is about to become a lengthy conflict, absconds with the current amount in the WillowWall bank account and takes the first flight he can find to the Caribbean. There are numerous outstanding payments that must be made immediately by WillowWall and now both Brian and the money are gone.
Bowen and Bridget come to you for advice. Please advise both Bowen and Bridget as to their legal positions.
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