Oral/moot assessment EELC

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ROLE OF LCA- REFERRING TO POINT 1POINT 1 IS a promise to pay after an act has been performed does not create a legal obligationSTRUCTURE OF THE WRITING1) SUBMISSION, WHAT IS THE POINT IM MAKING2) WHICH CASE DID YOU GET THE POINT FROM3) EXPLAIN THE POINT4)APPLY POINT5)CONCLUDEThis assignment is an individual assignment.This assessment requires you to demonstrate knowledge, understanding, and application of court process and case law in a practical context. You will prepare your argument on one of the grounds of appeal, according to the role you have been given for the moot. You will present an argument to the court that aims to persuade them to give judgment in your client’s favour.Lead Counsel for the Appellant (LCA) represents Appellant on Point 1.Lead Counsel for the Respondent (LCR) represents Respondent on Point 1.Junior Counsel for the Appellant (JCA) represents Appellant on Point 2.Junior Counsel for the Respondent (JCR) represents Respondent on Point 2.Facts of the caseLily’s of the Valley Ltd is a local florist that specialises in seasonal floral door wreaths and offers wreath-making workshops online. On 1 November, Lily Padh, the owner of Lily’s of the Valley Ltd, secured a lucrative contract with Squidley Hall under which Lily would supply Squidley Hall with one hundred winter themed door wreaths by 1 December. Lily was very keen to supply these door wreaths because she had been assured by the manager of Squidley Hall that her satisfactory performance would lead to a long-term contract to supply wreaths to be sold in the Squidley Hall gift shop.In order to drum up interest in the wreaths being sold at Squidley Hall, Lily decided to run a competition across her social media accounts. She posted a picture of her bestselling Halloween wreath on her Instabook account with the caption:***I am offering £1000 to one lucky winner!***Post a picture of your handmade wreath to your Instabook within 7 days and tag @Lilysotvalley and @SquidleyhallGS. All entries will be judged and the winner will be chosen based on the wreath that most captures the seasonal essence of Squidley Hall. The winning wreath will also be displayed on the front door of Squidley Hall for the season.Asher Khan had attended Lily’s wreath workshops before. Asher knew her wreaths were some of the best around and she deserved to have her wreaths displayed on the front door of Squidley Hall. She drew up an extravagant, eye-catching, wreath design and spent several hours scouring the internet for the very best materials to make the wreath; including silk flowers from China and a wicker wreath hoop from Scotland. On all orders, she paid extra for expedited shipping and 48-hour delivery. Asher also spent several hours walking the grounds of Squidley Hall to be inspired by the essence of it. Once all the materials were delivered Asher start to assemble her extravagant design. She spent fifteen consecutive hours assembling the wreath and finally finished at 3 am. She decided to wait until the next day to take the picture as she wanted to make sure she had the best light.A few hours later, at 8 am, Lily happened to notice a significant error in her Instabook post.She had meant to type, ‘I am offering £100 to one lucky winner!’. Realising her mistake, she quickly posted a message on her Facegram page:***The previous promotion has now been withdrawn. Please do not enter***Asher did not see Lily’s Facegram post and eagerly posted the picture of her finished wreath on Instabook at 9 am.Later that day, Lily loaded one hundred handmade door wreaths into her van ready to deliver them to Squidley Hall, but when she tried to start her van it wouldn’t start. Weronika Petran, a self-employed courier and friend of Lily’s, just happened to be delivering a parcel to the shop when she saw Lily struggling to start her van. Lily told Weronika that she urgently needed to make the delivery of the wreaths, Weronika kindly delivered the wreaths to Squidley Hall in her delivery van. Squidley Hall granted Lily of the Valley Ltd a long-term contract to supply the gift shop with seasonal wreaths, generating Lily a minimum income of £30,000 per annum. Lily was so delighted she told Weronika she would pay her £100 for helping her.Following a disappointing turnout at her most recent wreath making workshop, Lily refused to pay Weronika the £100.The claim was initially heard on the Small-Claims Track before (due to judicial availability) HHJ Mee, based on the facts, agreed that the competition was an offer but gave judgment to Ms Padh on the following grounds:Point 1 – A promise to pay after an act has been performed does not create a legal obligationPoint 2 – An offer can not be accepted once the offer has been effectively revokedHHJ Mee also made a ruling that leave to appeal was to be granted and the case would Leapfrog to the Court of Appeal as per Civil Procedure Rule 52.23(1)(a)Ms Khan and Ms Petran are appealing to the Court of Appeal on Points 1 and 2.Criteria for Assessment – How you will be markedTo complete the assessed task to the requisite standard students will need to:Legal knowledge and using legal sources• Correctly identify the specific legal issues raised by the facts of the moot scenario;• Identify the correct legal principles needed to answer the questions of law raised by the case;• Use the legal principles they have identified to present arguments on the questions of law raised by the facts of the case;• Examine case law from various sources in relation to the legal principles;• Make oral submissions that are well structured and are easy to follow;• Make use of relevant case law/statutes/other legal materials to explain the applicable law;• Draw out the material facts of the scenario and use them to support claims made during their oral submissionEtiquette and Performance• Comply with conventional courtroom etiquette• Deliver oral arguments coherently• Respond appropriately to any judicial interventionThis assignment is designed to assess the following learning outcomes:• Demonstrate knowledge of English and European legal methodology.• Demonstrate knowledge and understanding of the main institutions of the English legal system, and the European Convention on Human Rights• Demonstrate an ability (in the context of statutory interpretation and precedent) to use legal sources.

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