QQI Award Level 7 Business Law Assessment Problem Question | NCI

Business Law Assessment 

Course Title: Business Law
Module Codes: QQI Award
Level: 7
Assessment Technique: Problem Question
Weighting: 30%

Learning Outcome

This assessment is designed to evaluate your understanding of the key principles of contract formation and enforceability, as well as your ability to apply them critically to factual scenarios.

You will use Hamer v. Sidway (1891) as a foundation to explore how doctrines such as consideration, capacity to contract, legality, and intention to create legal relations operate in practice.

Background

In Hamer v. Sidway (1891) 124 N.Y. 538, 27 N.E. 256 the court determined that a nephew’s promise to abstain from lawful activities (drinking, smoking, gambling) until age 21 in exchange for $5,000 constituted valid consideration. The case established that forbearance from a legal right can form valid consideration even if it offers no tangible benefit to the promisor.

This assessment builds on that principle but introduces additional complexities relating to contract law.

Problem Question

Part B 

Drawing on the principles established in Hamer v. Sidway (1891), critically discuss whether a legally binding contract exists in the following scenario involving Emma and her uncle.

Emma, aged 14, promises her uncle that she will stop smoking marijuana and avoid social media for three years in exchange for $10,000. After fulfilling her promise, Emma requests payment. Her uncle refuses, claiming that the agreement was not legally binding. Answer the following questions.

a) Describe in detail the requirements for a valid, legally enforceable contract in Ireland. (20 marks)

b) Analyse how capacity to contract might affect enforceability in this case. (20 marks)

c) Identify and discuss any potential issues regarding legality. (20 marks)

d) Conclude with your opinion—supported by legal principles—on whether you think a valid contract exists between Emma and her uncle and whether Emma could successfully enforce the agreement. (10 marks)

e) Also, include whether you think that modern courts would follow the reasoning in Hamer v. Sidway in this context. (10 marks)

Total: (80 marks)

Part C

Support your discussion with relevant case law, legislation (if applicable), and academic commentary. (5 marks)

Present arguments in a structured, analytical, and professionally written format using appropriate business English. (5 marks)

Proper use of Harvard Referencing with bibliography. (5 marks)

Structure – appropriate use of headings and sub-headings. (5 marks)

Total: (20 marks)

Guidelines

Issued: 11th November 2025

Due date: 14th January 2026

To be submitted both via Moodle and hard copy attached to Assignment Cover Sheet

Format Details

• Word count: 2,500 maximum.

• A4-size paper, double-line spacing, referencing Harvard System.

• Students are advised to retain a copy of their assessment.

• Paper must be submitted in a Word document. PDF’s will not be accepted.

Penalties

An assessment item submitted after the due date, without an approved extension, will be penalised. Late assignments will incur a penalty (minus 10% of the overall mark per day up to a maximum of five working days, after day five, the assignment will not be accepted).

Academic Integrity Requirements

To maintain academic integrity and ensure authentic learning:

• You must complete this assessment individually and without the use of generative AI tools (e.g., ChatGPT, Gemini, or Copilot).

• You may not use paraphrasing or AI-assisted writing software.

• Assessment may be reviewed using Turnitin’s AI-detection feature and manual review by lecturer.

• You are required to submit a signed originality declaration affirming that your work is your own.

• Evidence of drafting may be requested.

• Assessment must be written in English. Any indications that the paper was written in a language other than English and then translated will not be accepted and may instigate academic misconduct proceedings.

Failure to comply with these conditions may result in disciplinary action in accordance with Dorset College Academic Misconduct Policy.

Plagiarism at postsecondary level is a particularly serious academic offence. It is the policy of Dorset College to be proactive in dealing with cases in which the principles of academic integrity are not upheld, and cheating occurs. Students who engage in such practices will be subject to academic sanctions, including a reduced or fail grade for an assignment. Incidents of academic misconduct will be dealt with in accordance with the Academic Misconduct.

Remember

When completing your assignment, the following should be noted:

1. Writing: Written in English in an appropriate business/academic style

2. Focus: Focus only on the tasks set in the assignment.

3. Length: no more than 2500 words

4. Formatting: Typed on A4 paper in Times New Roman or Arial font 12 with at least 2.5-centimeter space at each edge, double spaced and pages numbered.

5. Document format: Essay including a reference list using Harvard referencing throughout.

6. Research: Research should use reliable and relevant sources of information e.g. academic books and journals that have been peer reviewed. All research should be referenced correctly.

ASSESSMENT CRITERIA

This assignment will be marked out of 100 and has a weighting of 30%. The students will be assessed based upon their research, critical thinking and ability to apply legal principles and case law to the problem question.

Assessment is conducted by reference to the following:

1. Demonstrated knowledge of module content
   a. Is the answer:
   i. Relevant to the question asked?
   ii. Comprehensive? Are all relevant aspects discussed?
   iii. Accurate? Is it correct?

2. Evidence of understanding of legal principles, legal tests and/or legislation
   a. Does the answer:
   i. Explain the relevant legal concepts and principles?
   ii. Demonstrate insight into the application of the relevant legal principles?
   iii. Appropriately analyse or apply the concepts and principles in the context of the question posed?

3. Evidence of accurate and independent research
   a. Does the answer include
   i. Evidence that materials beyond the lecture notes and core texts were consulted?
   ii. A sufficient variety of relevant and appropriate legal sources to demonstrate independent research?
   iii. Accurate and appropriate explanation of the sources used, i.e. case law covered in class, additional Irish case law and Irish law books?
   iv. Accurate analysis and/or application of the sources used?

4. Clarity of expression and presentation
   a. Is the language used:
   i. Correct in terms of spelling, grammar and punctuation?
   ii. Appropriate to a legal assessment?
   iii. Fluent and convincing to the reader?

   b. Is the structure of the assessment:
   i. Clear? Is it obvious to the reader why each aspect is discussed where it is?
   ii. Coherent and well organised? Is the argument developed in a logical and consistent manner?

   c. Is the essay typed in a MS Word document, using appropriate font, spacing and margins?
   d. Is the essay within the assigned word count?
   e. Does the essay use proper referencing and include a bibliography.

In addition, the following generic assessment criteria describe the level of achievement the student has attained for the assignment:

70%+;

This grade is awarded for work that provides evidence, not only of preparation and organisation of material, but also of originality and maturity in response. Students demonstrate the ability to make logical, well supported arguments. There is evidence of informed and highly accurate discussion and well-developed communication skills.

60-69%:

This grade is awarded for work that is well organized, and shows a solid understanding of the topic and an ability to develop an argument. Work is generally accurate, coherent and well structured. Appropriate issues have been identified and discussed. There may be minor faults, or the work may lack the originality or maturity of judgment that would have made it worthy of the highest grade. Overall, the work exhibits clear and effective communication.

50-59%:

This grade is awarded for work that is satisfactory and generally accurate but with some reservations: there may have been an inadequate discussion or a degree of misunderstanding. Arguments may have been inadequately developed or framed, there may be structural weaknesses, or there may be factual errors. The work will be broadly correct but not comprehensive and it demonstrates general competence.

40-49%:

This grade is awarded for work that reaches an acceptable level of competence. There will be evidence that some appropriate knowledge or skills have been acquired and applied, but there will be a noticeable lack of comprehension or application. or both. The work may be poorly organised.