Martin is the Owner of a Shop that Buys and Sells Rare and Collectable Comic Books - Law Assignment Help

Assignment Task

Question 1
Martin is the owner of a shop that buys and sells rare and collectable comic books and other games. PC Sinead O’Neill is passing his shop one day and notices that Martin has an offensive weapon, a samurai sword, on display in the shop window. PC O’Neill understands that under the current law it is an offence to sell samurai swords. It is a samurai sword decorated to be like one from a computer game, which is popular called ‘Samurai 2020’. Next to the sword is a price tag that says, ‘Samurai Sword – £15,000’. PC O’Neill goes into the shop where Martin allows her to examine the sword. Martin explains that he is not selling the sword, the price tag is there to illustrate just how much the sword costs, and that it is from his own private collection. PC O’Neill takes the sword away and later Martin is charged with the offence of selling an offensive weapon. When PC O’Neill is in the shop, she sees a customer, Owain, look excitedly at a comic book. She overhears him saying to a friend that there must be a mistake and that this comic book is a collector’s item worth a significant amount of money, but it is only being sold for £1. Owain sheepishly walks up to the counter where Martin tells him that the price of the comic book is £1 and Owain agrees to hand over the money.
After the exchange of the money for the book, Owain walks out of the shop where he meets PC O’Neill. PC O’Neill tells him that he has bought the book dishonestly knowing that it is worth more money and he should return it. Owain says he ‘knows his rights’. PC O’Neill says that she does not think that he does know his rights. She says she will be stopping and searching him because she reasonably suspects he has stolen further items from the shop. She proceeds in doing so.
Giacomo is later in the shop and offers to sell Martin a rare and collectible ‘Swamp Dude ’comic book, which appears to be in pristine condition. Martin is a huge ‘Swamp Dude ’fan and gets quite excited about the purchase. In his haste and excitement, he does not inspect the condition of the comic and when Giacomo explains that there are a couple of scuff marks on the comic book, Martin is too absorbed in the comic book to hear him. Martin quickly says, ‘I’ll give you £100 for it ’and Giacomo, although a little surprised, agrees. They exchange money and the comic, but as Giacomo is leaving, Martin notices the scuff marks. Martin says, “Hold, wait! This is not in pristine condition”.

Question 2 Pointers/ advice
Question 2 is a problem-solving question, which covers elements of contract law and the powers of stop and search. Contract law is covered in Unit 4 of your module materials. The powers of stop and search can be found
under section 1 of the Police and Criminal Evidence Act 1984 (PACE). You will need to locate this section using a legal database. There is additional information in Unit 6 of the module materials.
You should answer the parts of this question in continuous prose (complete sentences and paragraphs, avoiding the use of lists and bullet points). Do not use an essay structure to answer the question; instead, you should use the IRAC problem-solving method covered in Legal Skills 3. The scenario contains all the facts known to you now. Do not assume additional facts not provided in the question.
You should explain the relevant points in your own words and avoid long, direct quotations from the module materials, or from statute. You should include relevant case law and reference to the sections and subsections of the relevant legislation to support your answers. When answering the question, you do not need to talk about consumer law, the law of theft, or remedies for breach of contract. You should assume that the samurai sword is an offensive weapon under relevant legislation, and you do not need to discuss what this legislation is.

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