Business Law

Tuesday 7th September 2010 Morning Session

Please read through these ten examination instructions carefully: 1. Do not open this paper until instructed by the supervisor. 2. You must answer TWO questions only in Section A and TWO questions in Section B given in this paper. Where you wish an answer to be ignored, please strike it through clearly. Where more than four answers are given, additional answers will be ignored in the order they appear and no marks awarded. 3. All questions carry equal marks. A total of 100 marks are allocated to this paper. 4. Time allowed for this paper is three 3 hours. 5. This is a closed book examination. Books, dictionaries, notes or any other written material cannot be taken into the examination hall. 6. The use of calculators is forbidden. Candidates should show their workings as the basis for their calculations. 7. Proofread all your answers before submission. 8. Candidates attempting to gain an unfair advantage through cheating or colluding in any way whatsoever are liable to be disqualified. The Directory of Examinations and Assessments will be strictly adhered to.
Level 3 not

9. Please ensure that you write legibly. Answers that markers are unable to read will 1 Business Law be marked.
September 2010

London Centre of Marketing

10. This question paper consists of TWO printed pages.

Please answer any TWO questions from Section A.

Question 1 a) Explain the rules which govern acceptance of offers in the law of contract, using examples to illustrate your answer.
(15 marks)

b) Mrs Adams selects certain items in a supermarket and takes them to the checkout. She then discovers the total bill is more than she has in her purse and has to leave two items behind. Explain the following by reference to the above: (i) (ii) Intention to create legal relations Consideration.
(10 marks)

25 marks Question 2 a) What is a tort and how does it differ from a crime or a breach of contract? Please provide one example of a tort, a crime and a contract.
(15 marks)

b) Explain the law of negligent misstatement and give examples of what could be deemed negligent misstatement in marketing communications.
(10 marks)

25 marks Question 3 a) Explain the meaning and function of intellectual property rights and evaluate their importance in the marketing context.
(15 marks) b) Critically evaluate the protection given to personality or image rights under UK

law.
(10 marks)

25 marks
Level 3 London Centre of Marketing 2 Business Law September 2010

Please Answer any TWO questions from Section B

Question 4 a) What are the main sources of English law? Explain two of these sources with particular reference to the marketing industry.
(15 marks)

b) Arbitration and mediation are referred to as alternative dispute resolution. Explain how these form an alternative to court based litigation and give examples of situations when they might be used in a business or marketing area.
(10 marks)

25 marks Question 5 a) Explain the concept of comparative advertising? What legal risk does comparative advertising pose for a marketer in the UK? (15 marks) b) Explain the regulations surrounding comparative advertising in marketing communications and evaluate the role of self regulation generally.
(10 marks)

25 marks

Question 6 a) Compare and contrast the advantages and challenges associated with the sole trader, the partnership and the private limited company as different forms of business organisations. (15 marks) b) Explain the processes by which a private limited company and a partnership are brought to an end.
(10 marks)

25 marks

END OF QUESTION PAPER

Level 3 London Centre of Marketing 3 Business Law September 2010