business law

Please read the following and answer the questions set out at the end
Bart owns an antique shop called Artybarti which is situated the fashionable area of
Gunwharf. One Saturday afternoon, Poppy visits Artybarti and impressed by a painting that
is displayed in the shop window approaches Bart and says that she’d like to buy the
painting. Bart explains that the painting is not for sale, it is for display only. Poppy is
annoyed and threatens Bart that she will sue if he refuses to sell the painting to her.
Bart is visited by the sales representative of a company called Lovely Lighting Ltd which
manufactures individually designed shop window lighting. Following their discussions, Bart
agrees to purchase a sign which consists of the name ’Artybarti’ in flashing red lights for his
shop window. Bart signs the sales agreement without reading it. The agreement contains a
statement that says, “Lovely Lighting Ltd accepts no liability in relation to the quality of the
goods supplied, their fitness for purpose or whether they match any description provided
for. Liability for damage or personal injury is not accepted.”
When the sign arrives, Bart arranges it in his shop window, turns on the electrical power and
goes outside to admire it. He is very annoyed to see that the sign says ‘Artyfarti’ and returns
to the shop to telephone Lovely Lighting Ltd to complain. As he does so the sign catches fire
quickly spreading to a valuable painting also on display in the shop window. Bart attempts
to save the painting by using a fire extinguisher, but trips over the wire attached to the sign.
He does manage to put out the fire, however the painting is ruined and Bart has bad burns
to his hands and face.
One of Bart’s staff is Dannii. She has not worked in the shop for long. When Bart took her
on it was agreed between them that Bart would only need her at the last minute if someone
rang in sick or he was short staffed. As that might be very infrequent he reluctantly
accepted she could tell him she was unavailable when he asked her to come and if she did
so her son Ethan would stand in for her as he was trying to save up for a gap year in
Australia and was eager for work. To encourage sales Dannii would only receive a
commission for her work. Simon has received several letters from the tax office asking him
to explain the status of Dannii and pay £500 national insurance and income tax they believe
he owes in respect of her work.
Advise Bart in relation to any contractual and tortious liability arising from these facts.
You should address the following issues in your answer.
1. Bart’s potential contractual liability to Poppy.
2. Lovely Lighting Ltd’s liability to Bart under the law of contract AND tort.
3. Dannii’s status as a worker and Bart’s potential liability to pay her national
insurance and tax.
(100 marks

Please read the following instructions before beginning your answer:-
HAND IN DATE NO LATER than 3.00pm on Thursday, 16th
January 2014 to Assessment Office in the
Undergraduate Centre on the ground floor of
Richmond Building. You will need to complete the
appropriate front sheet which can be obtained
from the Undergraduate Office.
FONT + LINE SPACING You must use Arial (point12). The lines must be
double spaced.
WORD LIMIT 1000 words excluding footnotes and bibliography.
The word count should be stated on the front sheet
in the appropriate box. A falsely stated word count
may result in a mark of 0%. Failure to state a word
count will result in a 5% penalty. Coursework that
is more than 10% over or under the word limit will
result in a 10% penalty.
FOOTNOTES Should be used to reference sources.
REFERENCING Students must reference sources using the Oxford
Standard for the Citation of Legal Authorities
(OSCOLA). Details of this can be found in your
handbook, on Moodle or by visiting
http://referencing.port.ac.uk.
Students should ensure that all sources are
fully cited in footnotes and in the bibliography.
PLAGIARISM Students are reminded of the need to avoid
plagiarism. The University Regulations describe
plagiarism as:-
“The incorporation by a student in work for
assessment of material which is not their
own, in the sense that all or a substantial
part of the work has been copied without
any adequate attempt at attribution, or has
been incorporated as if it were the student’s
own when in fact it is wholly or substantially
the work of another person or persons.”

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