Posted: December 29th, 2014

International Commercial Law

International Commercial Law

School of Law

LLB Coursework Assessments

Level 6

2014-15

Information about the assignment:

Question:
Monty, located in England, agrees to sell Martha, located in France, 100 cans of tinned fruit. The contract expressly stipulates that the applicable law to the

contract will be English Law and jurisdiction will be to the English Court.
In International Commercial transactions, standard trade terms are often used. The two primary terms are Free on Board (FOB) and Cost Insurance Freight (CIF).
Evaluate the issues facing both the buyer and seller in respect of loss or damage to the goods (and incorrect documents for CIF) under these two standard trade terms

and advise Monty and Martha on these points.
Your answer should focus on the following issues:
–    Passing of property under FOB and CIF
–    Passing of risk under FOB and CIF
–    Rights of rejection/damages under FOB and CIF
You may find the following article of use: T Burns, ‘Better Late than Never: The Reform of the Law on the Sale of Goods Forming Part of a Bulk’ (1996) 59 Modern Law

Review 260

Word Limit: 1500 words excluding footnotes and bibliography.
PLEASE BE EXACTLY 1500

How to submit:
Presentation
The assignment itself should be a Word document in Arial font size 11 with double line spacing to allow for the markers’ comments.
Your name must not appear on your assignment.  All assessed coursework is marked anonymously and you are allocated an exam number for this purpose for each year of the

programme.  This number will be available to you via the student record system.  Please be aware that your exam number will therefore change for each academic year you

are studying.  The exam number is not to be confused with your student registration number on your ID card.
Your exam number and module name should appear at the top of every page of your essay and each page should be numbered.  This is best achieved by use of the header and

footer tool.  You are also required to put your exam number and module title in the file name of your assignment when submitting on StudyNet (e.g. EU Law 640101.doc).
Students are required to submit their written coursework work electronically via StudyNet.
All feedback and grades will be released through StudyNet.

Referencing
All quotations from, or use of other writers’ work must be properly referenced- that is, you must give the author, title, and date of publication of the work

concerned, and the page or section number of the passage quoted or cited. Reference style should remain consistent throughout each submitted essay.
Your coursework answer should be properly referenced using the Oxford Referencing System (OSCOLA) see www.law.ox.ac.uk
You should include a full bibliography at the end of your work.

Word Limit
Your word count must appear at the end of your work.
Do not exceed the word limit in relation to your answer by more than 10%.  If you do, then your mark will be capped at 40%.
The word count for coursework will NOT include footnotes or the bibliography. However, footnotes must not include material that should be in the body of the answer or

be used as a means to circumvent the word count.

Academic Offences UPR AS13 & AS14

Assessment (by examination or coursework) can be stressful, but is part of everyday life for students and most people manage it well.  There are a small number who

seek to gain an unfair advantage over their fellow students by acts of academic misconduct.  Academic misconduct comes in various forms but the most common are

plagiarism (i.e. presenting another person’s work as your own), falsification of data, collusion and cheating.  The University takes a very dim view of such activity

and the penalties can be severe.  The best advice is not to do it in the first place.  If you are finding a module difficult then speak to one of the teaching staff.

2.1.1 Cheating:

To attempt to gain an unfair, improper or dishonest advantage in the assessment process; to gain an unfair, improper or dishonest advantage in the assessment process;

where on the balance of probability it could reasonably be construed that a candidate intended to gain an unfair, improper or dishonest advantage in the assessment

process.

Cheating includes:
a)    Impersonation – either where a student allows any other person to take an assessment on their behalf or to present themselves as being that student or where a

current University of Hertfordshire student takes an assessment on behalf of another University of Hertfordshire student;
b)    Obtaining or attempting to obtain unauthorised access to examination papers;
c)    The copying of, or attempting to copy, the work of another candidate in the examination or other in class assessment, whether by overlooking what he or she has

written or is writing or by asking him or her for information in whatever form;
d)    The introduction into an examination room (or any other room in which a formal assessment is taking place) of aids including books, notes, personal notes or

revision notes in any form, papers, stationery, computer disks or other devices of any kind other than those permitted in the rubric of the examination paper.  This

includes, for example, unauthorised information stored in the memory of a pocket calculator, in a mobile telephone, personal organiser or any other device;
e)    Requesting a temporary absence from an examination room (or any other room in which a formal assessment is taking place) with the intention of gaining, or

attempting to gain, access to information that may be relevant to a formal assessment;
f)    False statements made in order to receive special considerations by the Board of Examiners or to obtain extensions to deadlines or exemption from work;
g)    Assisting or attempting to assist another University of Hertfordshire student to gain or attempt to gain an unfair, improper, or dishonest advantage in the

assessment process;
h)    The purchase or theft of material submitted for assessment;
i)    Academic misconduct offences as defined by section 2.1.4, a – f, where on a balance of probability, it could reasonably be construed that a candidate attempted

or intended to gain an unfair, improper or dishonest advantage in the assessment process.

2.1.2 Plagiarism:

The misappropriation or use of others’ ideas, intellectual property or work (written or otherwise), without acknowledgement or permission. This may include, but is not

limited to:
a)    the importing of phrases from or all or part of another person’s work without using quotation marks and identifying the source;
b)    without acknowledgement of the source, making extensive use of another person’s work, either by summarising or paraphrasing the work merely by changing a few

words or by altering the order in which the material is presented;
c)    the use of the ideas of another person without acknowledgement of the source or the presentation of work which substantially comprises the ideas of another

person and which represents these as being the ideas of the candidate.

(Note for guidance: For the avoidance of doubt, plagiarism may be intentional or unintentional)

2.1.3 Collusion:
Evidence of the representation by an individual of work which he or she has undertaken jointly with another person as having been undertaken independently of that

person.

Results and Feedback

Students’ coursework will be returned to them together with feedback through StudyNet no later than four (4) calendar weeks after the submission deadline.  Any

exceptions to this must be agreed by the Associate Dean of School (Academic Quality Assurance) and notified to students in advance of the expiration of the four (4)

week period.  For work of an on-going nature, such as a major project or dissertation, supervising staff will ensure that students are provided with feedback at

interim stages.

LLB Programme Handbook

More guidance on the School Assessment policies is available in the LLB Programme Handbook which is available on StudyNet.

Expectations of written assessment at Level 6

Presentation & structure
Includes:    Content / Knowledge
Includes:    Breadth / Depth & Integration of Sources
includes:    Application, Analysis & Synthesis
Includes:    Presentation of References
Includes:

Structure work to present a convincing argument which considers alternative viewpoints

Use a balanced structure to support the developing argument

Demonstrate proficiency in the use of legal and academic language

Present work in an academic format with good use of footnotes and clear formatting

Identify the legal or other relevant issues raised by the question

Attach appropriate emphasis to each issue depending upon its significance in the discussion

State the law or other sources accurately and in appropriate detail

Provide a persuasive arguments towards a well reasoned and supported conclusion

Demonstrate a wide use of texts and legal or other sources

Aim for a sharply focused analysis of the issues raised by the question

Integrate supporting material concisely  and relevantly into your argument

Application:
Make good use of supporting sources for each issue you raise

Analysis:
Use your material to demonstrate your understanding of the significance of the different issues in the question

Synthesis:
Bring together the competing arguments within the question, providing an overall viewpoint in your conclusion

Use a full range of footnotes to cite your references from as wide a range of reading as possible

Include all references in your bibliography

Use the OSCOLA referencing system – information available on Studynet under Learning Resources and the Law Subject Toolkit

Key tips:

Ensure your work appears well presented with appropriate length paragraphs

Spell check your work and check for grammar and sentence construction

Ensure your spell checker is set to English UK

Double check unusual words such as case names

Make more substantial use of footnotes than at levels 4 & 5

Avoid inappropriate abbreviations
Key tips:

Aim for a balance of appropriate detail highlighting the issues from your sources depending on the significance of the issue to the answer

Aim for synthesis in your answer highlighting and bringing together any potential irresolvable issues

Avoid including irrelevant material to the question set
Key tip:

For a higher mark you will need to show evidence of reading well beyond the basic texts and leading cases or other sources

Research as widely as possible to find relevant material to support your answer outside of those supplied to you through the module
Key tips:

Review the instruction in the Q – synthesis involves bringing together analysis and application to a reasoned argument or conclusion.  You may see instructions such as
‘Determine’, ‘Explore’, ‘Justify’

In a problem question scenario, you need to apply and analyse as at Level 5 but then bring together the competing arguments for and against the party you are asked to

advise with a comprehensive and detailed conclusion    Key tip:

Avoid plagiarism

Ensure you use the detail of the referencing system including references quoted in other sources you have used

If this is an individual piece of work ensure you avoid collusion when preparing and writing your answer

Detailed criteria on mark ranges below:

Written work Assessment and Grading Criteria: Level 6

Numeric Grade     Grade Descriptor    Written Work Level 6 Grading Criteria
Presentation & structure    Content / Knowledge    Breadth / Depth & Integration of Sources    Application, Analysis & Synthesis

Presentation of References
80-100
Outstanding
work    Outstanding presentation & clarity.
No significant grammatical / spelling errors.
Outstanding exploration of topic showing excellent knowledge & understanding.
Outstanding breadth & depth of sources used. Outstanding integration of sources into work.     Outstanding level of application, analysis & synthesis
Highly developed / focused work.    Outstanding standard of referencing within text with accuracy to those on list.
Accurate list & use of recommended referencing system.
70-79
Excellent work    Excellent structure.
Fluent writing style with very few errors.    Excellent level of knowledge &   demonstrated. Covers all relevant points & issues.    Excellent breadth & depth.
Excellent integration of sources into work.
Excellent level of  application, analysis & synthesis of issues.    Excellent standard of referencing within text with accuracy to those on list.
Accurate list & use of recommended referencing system.
60-69
Very good work    Very good clear structure.
Articulate & fluent writing style. Very few grammatical errors & spelling mistakes.    Very good level of knowledge & understanding demonstrated.  Some minor issues

not fully explored or applied    Very good breadth & depth appropriate to topic.
Sources integrated very well.
Very good level of application, analysis & synthesis, but not consistently taken to full extent.    Very good standard of referencing within text with

general accuracy to those on list.
Use of recommended referencing system.
50-59

Good work    Good clear presentation & structure with paragraphing.
Writing is mainly clear but some spelling &/ or grammatical errors.     Good level of knowledge & understanding demonstrated. Most major issues explored with some

minor aspects not considered    Good breadth & depth appropriate to topic.
Sources integrated well.
Good level of application, analysis & synthesis but some issues could be addressed or developed further.
Some minor omissions.
Good standard of referencing within text with most accurate to those on list.
Use of recommended referencing system.
40-49

Satisfactory work    Satisfactory but a
basic structure.
Not always written clearly & has grammatical & / or spelling errors.    Satisfactory level of knowledge & understanding but with limited integration into topic set.

Some major issues not fully explored and minor issues omitted.
Satisfactory breadth & depth appropriate to topic.
Sources integrated in some places.
Satisfactory level of application, analysis & synthesis but some matters superficially addressed or omitted    Basic referencing within text & consistent use

of referencing system.
Some inaccuracies in recording.
30-39

Marginal Fail    Weak format, limited or poor structure.
Muddled work with many spelling & / or grammatical errors.    Unsatisfactory evidence of knowledge & understanding with limited exploration or omission of the major

issues

Limited or muddled understanding of the topic with limited reference to relevant sources with some irrelevant to topic.

Limited evidence of application, analysis & synthesis
More development & comment needed. Answer generally limited to accurate description.    Use of referencing system with errors & inconsistently applied. Limited

referencing within the text. Limited accuracy of in-text references compared to those in the final Reference list.
20 – 29

Clear Fail    Inadequate format & poor paragraphing / signposting.
Inappropriate writing style
Poorly written &/or poor spelling & grammar.            Inadequate evidence of knowledge & understanding with very limited exploration or omission of the major issues.

Very limited understanding of topic with very limited reference to relevant sources and possible reference to irrelevant sources    Inadequate.
Very limited evidence of application, analysis & synthesis
Answer generally limited to description, some of which is inaccurate.    Inadequate
Inaccurate use of referencing system or absence of use of system

1 – 19

Little or Nothing of merit    Nothing of merit.
Poorly written work, lacking structure, paragraphing / signposting.
Many inaccuracies in spelling & grammar.              Nothing of merit.
No evidence of appropriate knowledge & understanding.
Nothing of merit
No breadth or depth to answer nor reference to relevant sources.    Nothing of merit.
No evidence of application, analysis & synthesis

Nothing of merit
Referencing system was not or very poorly used.

OSCOLA Quick Reference Guide

Primary Sources
Do not use full stops in abbreviations. Separate citations with a semi-colon.
Cases
Give the party names, followed by the neutral citation, followed by the Law Reports citation (eg AC, Ch, QB). If there is no neutral citation, give the Law Reports

citation followed by the court in brackets. If the case is not reported in the Law Reports, cite the All ER or the WLR, or failing that a specialist report.
Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884
R (Roberts) v Parole Board [2004] EWCA Civ 1031, [2005] QB 410
Page v Smith [1996] AC 155 (HL)
When pinpointing, give paragraph numbers in square brackets at the end of the citation. If the judgment has no paragraph numbers, provide the page number pinpoint

after the court.
Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42], [45]
Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336 [1]–[37]
R v Leeds County Court, ex p Morris [1990] QB 523 (QB) 530–31
If citing a particular judge:
Arscott v The Coal Authority [2004] EWCA Civ 892, [2005] Env LR 6 [27] (Laws LJ)
Statutes and statutory instruments
Act of Supremacy 1558
Human Rights Act 1998, s 15(1)(b)
Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004, SI 2004/3166
EU legislation and cases
Consolidated Version of the Treaty on European Union [2008] OJ C115/13
Council Regulation (EC) 139/2004 on the control of concentrations between undertakings (EC Merger Regulation) [2004] OJ L24/1, art 5
Case C–176/03 Commission v Council [2005] ECR I–7879, paras 47–48
European Court of Human Rights
Omojudi v UK (2009) 51 EHRR 10
Osman v UK ECHR 1998–VIII 3124
Balogh v Hungary App no 47940/99 (ECHR, 20 July 2004)
Simpson v UK (1989) 64 DR 188
Secondary Sources
Books
Give the author’s name in the same form as in the publication, except in bibliographies, where you should give only the surname followed by the initial(s). Give

relevant information about editions, translators and so forth before the publisher, and give page numbers at the end of the citation, after the brackets.
Thomas Hobbes, Leviathan (first published 1651, Penguin 1985) 268
Gareth Jones, Goff and Jones: The Law of Restitution (1st supp, 7th edn, Sweet & Maxwell 2009)
K Zweigert and H Kötz, An Introduction to Comparative Law (Tony Weir tr, 3rd edn, OUP 1998)
Contributions to edited books
Francis Rose, ‘The Evolution of the Species’ in Andrew Burrows and Alan Rodger (eds), Mapping the Law: Essays in Memory of Peter Birks (OUP 2006)
Encyclopedias
Halsbury’s Laws (5th edn, 2010) vol 57, para 53
Journal articles
Paul Craig, ‘Theory, “Pure Theory” and Values in Public Law’ [2005] PL 440
When pinpointing, put a comma between the first page of the article and the page pinpoint.
JAG Griffith, ‘The Common Law and the Political Constitution’ (2001) 117 LQR 42, 64
Online journals
Graham Greenleaf, ‘The Global Development of Free Access to Legal Information’ (2010) 1(1) EJLT < http://ejlt.org//article/view/17 > accessed 27 July 2010
Command papers and Law Commission reports
Department for International Development, Eliminating World Poverty: Building our Common Future (White Paper, Cm 7656, 2009) ch 5
Law Commission, Reforming Bribery (Law Com No 313, 2008) paras 3.12–3.17
Websites and blogs
Sarah Cole, ‘Virtual Friend Fires Employee’ (Naked Law, 1 May 2009) <www.nakedlaw.com/2009/05/index.html> accessed 19 November 2009
Newspaper articles
Jane Croft, ‘Supreme Court Warns on Quality’ Financial Times (London, 1 July 2010) 3

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