TMA04 - Martin’s Shop Case Study & Legal Principles, Authority With Alternative Dispute Resolution - Law Assignment Help

Assignment Task

Task
Question 1 
Evaluate the advantages and disadvantages of alternative dispute resolution as a means of achieving access to justice. 

Question 2 
Martin is the owner of a shop that buys and sells rare and collectible 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 offense to sell samurai swords. It is a samurai sword decorated to be like one from a computer game, which is popularly 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 offense 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”. Giacomo explains that he told him it was not and ‘a deal is a deal’.

Later that afternoon Ali is in the shop. Ali previously entered into a credit agreement with Martin for the purchase of a rare collectable ‘Fab Man’ comic book with a price of £190. Payment was agreed to be made in stages and the charge for credit would be £20. The total under the agreement payable was £210. Ali has paid Martin £190 in the stages. He goes to see Martin that afternoon and tells him he is now short of cash and argues because he has paid the price of the book, he does not have to pay the charge for credit. 

a.Explain whether the display of the samurai sword in Martin’s shop is an offer to sell it. 
b.Explain whether Owain and Giacomo have enforceable contracts in law. 
c.Explain whether the stop and search of Owain is lawful. 
d.Explain whether Martin can enforce the additional payment of £20 from Ali. 

following learning outcomes: 

• alternative dispute resolution and access to justice 
• contract law 
• police powers. 

Skills: 
communicate effectively in an appropriate style for each question interpret, describe and apply legal principles and authority in a logical and coherent way correctly reference and/or cite relevant materials, including case and statute law.
 

This TMA04 - Law Assignment has been solved by our Law Experts at onlineassignmentbank. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+Students in Australia, UK & US by helping them to score HD in their academics. Our Experts are well trained to follow all marking rubrics & referencing style.

Be it a used or new solution, the quality of the work submitted by our assignment Experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive, plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.