Team communication assignment: An Annotated Bibliography
Question
Task: Demonstrate an understanding of how to carry out effective legal research and how to plan effectively in order to produce a written answer to a problem question. Referring to the two scenarios mentioned in thelaw assignment, provide valid advice.
Answer
Solution for problem 1 of the law assignment
Advice for Louise
The analysis of the law assignmentcase study of Aisha and Louise seems to be very informal as they both were not able to reach one another at right time. The conservation between them doesn’t seem to be effective to conclude with a desirable conclusion. The law assignmentcase study also demonstrates that Aisha was not being able to communicate with Louise and she deals with another person with a better offer. In addition to that, considering the case based on the legal framework it can be said that offer was made between two different individuals. However, there was no such acceptance communicated between Louise and Aisha and it should not be considered a formal contract for thelaw assignment. It has been said that the act of acceptance needs to be effectively communicated and it was not visible in the case. Similar consideration has been highlighted in the study of Black and Davison that highlights the consideration of the acceptance of an offer.For instance,in order to accept an offer, there should be an adequate form of communication regarding the terms set by the offeror. However, the existence of the contract can be determined because Louise showed her interest and wrote a letter on 11th December just one day after she got a mail from Aisha.
In addition to that, she also left a message on Aisha's mobile phone on 14th December because of not received any feedback from Aisha. It was Aisha’s fault according to the law assignmentas she should have checked her mail and phone message in accordance to assure a response from Louise. On the other side, she also wrote that the offer was till 17th December and later she received Louise's acceptance letter on 15th December which denotes the existence of a contract. Thus, it can be said that a breach of contract has been made by Aisha because without any particular confirmation from Louise she sold the cartoon to Hamsa. A similar scenario was registered in the case of Adams V Lindell where the postal rule was applied . The postal rule mentioned in thelaw assignmentcomes with a concept of contract law and it is mainly known as the mailbox rule. It is mainly used when the contracting parties come into a process of negotiation from a distance . Because of multiple challenges encouraged while negotiating from a distant region this rule provides a rule applicable for every basis of a contract.
Therefore, Louise in the law assignmentis advised to go for a legal approach to settle down the misunderstanding with Aisha. As Aisha has breached the contract but not with any significant damages to Louise's specific performance can be considered as a remedy for both Louise and Aisha. In order to secure a future contract with Aisha, Louise can control such breach by taking legal remedies. On the other hand, she can also negotiate with Aisha and ask her to provide the same offer again and if she agrees with the terms no further legal action is required. However, if Aisha refuses to negotiate with Louise as per the details mentioned in thelaw assignment, she can then go for legal help as it can provide her adequate solution.
Solution for problem 2 of the law assignment
Advice Sarah and Andrea on any criminal liability that they might face
Analysing the law assignmentcase study of Sarah and Hilary who has been loyal to their respective wives found cheated by Annabelle and Andrea. It is evident that both Hilary and Sarah want to get rid of their relationship however, there was an unfortunate incident happened that has encouraged a legal obligation for Sarah and Andrea. The case belongs to adultery and it is no crime in the UK after the introduction and implementation of the Matrimonial Causes Act in 1857. The Act provides legal standing to the women of Wales and England to exercise the civil courts to seek help for divorce and make themselves free from unhappy marriages . However, Hilary and Sarah don't go through this process in fact they aim to talk with their respective wives. No adequate conversation was taken place as per the law assignmentbetween these partners and this led to an unfortunate incident. The scenario now gets worse for which a potential legal punishment can be imposed on Sarah and Andrea.
While considering this law assignmentcase based on the UK’s legal regulation it can be considered under the case of taking someone’s life i.e., Homicide. However, there are two different offences that represent homicide i.e., manslaughter and murder. The case of Sarah and Andrea belongs to manslaughter offences as it was not intentional indeed it was because of loss of control and gross negligence manslaughter . Both the murder that took place was not intentional therefore it was not considered under the offence of murder in the UK. There is a criminal liability both Sarah and Andrea will be facing under the offence of manslaughter. For instance in thislaw assignment, manslaughter is divided into two groups i.e., voluntary and involuntary manslaughter and the case falls under involuntary manslaughter. The utmost sentence a judge can possibly inflict from manslaughter is imprisonment for life . In addition to that the offenders i.e., Sarah and Andrea if plead guilty the judge can possibly reduce the length of the sentence up to 1/3 and it depends on how before the time the plea was made. Therefore, it is suggested to Sarah and Andrea plea of being guilty to the murder of Hilary and Annabelle.
Furthermore, the maximum sentence that can be imposed for manslaughter is a prison sentence of 10 years . The UK law acts severely in case of manslaughter and it depends on the certain circumstances that the offence that has been undertaken. Every judgement that the judge will make depends on the severity of the crime and a lesser sentence can be imposed if the judge found the offence less influential. However, there are some specific considerations mentioned in the law assignmentthat will be considered before passing judgements as follows:
• The height of fault.
• Whether the crime is voluntary or involuntary manslaughter.
• If the defendant constitutes any kind of menace to the community.
• The best possible way to recuperate the defendant and discourage them from making another severe offence.
• A guilty appeal.
• State of affairs and the past of the defendant.
References
Black and Davison, ‘When Is a Contract Enforceable – Offer and Acceptance | Black & Davison, P.C.’, blackanddavison.com (27 April 2018)
Ellis, Leigh, ‘Breach of Contract Law: Claims, Consequences & Remedies: London Solicitors’, Hall Ellis Solicitors (11 June 2019)
Lawteacher, ‘Adams v Lindsell | Contract Law Case | Law Teacher’, Lawteacher.net (2019)
Sentencing Council, Manslaughter Sentencing Leaflet (2016)
Titchener, Nick, ‘What Is the Sentence for Manslaughter in the UK | Lawtons Solicitors UK’, Lawtons Solicitors (UK) (2017)
University of Kent, ‘Divorce and Matrimonial Causes Act 1857’, Women’s Legal Landmarks (8 August 2017)
UpCounsel, ‘Offer and Acceptance: Everything You Need to Know’, UpCounsel (2019)
Wells, Barbara, ‘What Is the Postal Rule (with Picture)’, My Law Questions (2022)
