With reference to the issues identified in the contract, advise how successful litigation is likely to be for Beata and the type of damages (if any) that may she may be able to claim.

Please read the case summary at the end of these instructions and prepare a letter of advice. Your answer MUST be presented in the correct format.

 

Late submissions will not be permitted under any circumstances and non-submissions will be marked as a 0% fail.

Your assessment should be submitted as a single Word (MS Word) or PDF File.

 

You must ensure that the submitted assignment is all your own work and that all sources used are correctly attributed and follow the OSCOLA referencing system. You must not plagiarise and/or collaborate with other students. All work should be individually produced and penalties apply to assignments which show evidence of academic unfair practice. All coursework will be processed through Turnitin.

 

Your assignment should include: a title page containing the module name and final word count. You are also encouraged to include a reference list in OSCOLA format.

 

Maximum work count for paper: 2000 words (excludes cover page and List of References.) Given the word count, you should not repeat facts of the scenario and/or cases, unless absolutely necessary. Moreover, you should only cite highly relevant cases.

Scenario

 

You are a trainee solicitor at the firm City Lawyers. Your supervisor has provided you with the following information in respect of your client, Beata, and asked you to prepare a letter of advice relating to the damages arising out of Beata’s contract with Agro Ltd.

With reference to the issues identified in the contract, advise how successful litigation is likely to be for Beata and the type of damages (if any) that may she may be able to claim. Please use relevant case law to support your answer. You should also take into account any other practical considerations in your advice.

Summary of Facts

Agro Ltd provides hairdressing and styling services to fashion houses. Beata manages six fashion models. She prides herself on being an ethical business. On 1 June 2019, Agro Ltd agreed to style all of Beata’s models’ hair for a fashion show in London. Agro’s manager, Charley, says to Beata “I am sure our stylists only use the best quality free from animal testing hair products”.

On the day of the fashion show, 3 out of 5 Agro’s hair stylists went on strike without giving Agro any notice. The show was a failure with the hair styling being rushed through, resulting in the models not being properly presented for the catwalk. The audience walked out and the press gave Beata’s show a very negative review.

It also turned out that the hair products used by Agro had been tested on animals. Beata is aggrieved that her reputation for being anti animal-testing is now damaged.

Beata claims to have suffered:

  • Loss of the hire of the venue
  • Loss of profits as she had to refund the fashion designers who had paid her for the services of the models
  • Loss of future earnings as an important client has decided to cancel their contract with Beata upon finding out that her models used products which had been tested on animals.