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Commercial Law Assignment: Letter of Credit and Contractual Obligations, Exams of Commercial Law

This assignment focuses on the legal aspects of letters of credit in international trade. It presents a case study involving the purchase of organic basmati rice under c.i.f. Terms, where a typhoon disrupts the shipment and the seller seeks to fulfill the contract under alternative conditions. Students are tasked with advising the confirming bank on whether to accept the documents tendered by the seller, considering the terms of the letter of credit and the relevant legal principles.

Typology: Exams

2023/2024

Uploaded on 12/16/2024

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ASSIGNMENT INSTRUCTIONS
Assessment
Coursework
Assessment code:
010
Academic Year:
2024/2025
Trimester:
1
Module Title:
Commercial Law
Module Code:
MOD003339
Level:
6
Module Leader:
Alessandro Spano
Weighting:
50%
Word Limit:
2500
This excludes bibliography and other items listed in
rule 6.83 of the Academic Regulations.
Assessed Learning
Outcomes
1 3
Submission
Deadline:
Please refer to the deadline on the VLE
WRITING YOUR ASSIGNMENT:
This assignment must be completed individually.
All courses of study must use the Harvard referencing system for written
assessments, apart from LLB/LLM courses where OSCOLA should be
applied. Please see the below link for guidance:
https://library.aru.ac.uk/referencing/referencing.htm
Your work must indicate the number of words you have used. Written
assignments must not exceed the specified maximum number of words.
When a written assignment is marked, the excessive use of words beyond the
word limit is reflected in the academic judgement of the piece of work which
results in a lower mark being awarded for the piece of work (regulation 6.74).
Assignment submissions are to be made anonymously. Do not write your
name anywhere on your work.
Write your student ID number at the top of every page.
Where the assignment comprises more than one task, all tasks must be
submitted in a single document.
You must number all pages.
SUBMITTING YOUR ASSIGNMENT:
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ASSIGNMENT INSTRUCTIONS

Assessment Coursework Assessment code: 010 Academic Year: 202 4/ Trimester: 1 Module Title: Commercial Law Module Code: MOD003 339 Level: 6 Module Leader: Alessandro Spano Weighting: 50% Word Limit: 2500 This excludes bibliography and other items listed in rule 6. 83 of the Academic Regulations. Assessed Learning Outcomes

Submission Deadline: Please refer to the deadline on the VLE WRITING YOUR ASSIGNMENT:

  • This assignment must be completed individually.
  • All courses of study must use the Harvard referencing system for written assessments, apart from LLB/LLM courses where OSCOLA should be applied. Please see the below link for guidance: https://library.aru.ac.uk/referencing/referencing.htm
  • Your work must indicate the number of words you have used. Written assignments must not exceed the specified maximum number of words. When a written assignment is marked, the excessive use of words beyond the word limit is reflected in the academic judgement of the piece of work which results in a lower mark being awarded for the piece of work (regulation 6.7 4 ).
  • Assignment submissions are to be made anonymously. Do not write your name anywhere on your work.
  • Write your student ID number at the top of every page.
  • Where the assignment comprises more than one task, all tasks must be submitted in a single document.
  • You must number all pages. SUBMITTING YOUR ASSIGNMENT:
  • In order to achieve full marks, you must submit your work before the deadline. Work that is submitted late – if your work is submitted on the same day as the deadline by midnight, your mark will receive a 10% penalty. If you submit your work up to TWO working days after the published submission deadline – it will be accepted and marked. However, the element of the module’s assessment to which the work contributes will be capped with a maximum mark of 40%.
  • Work cannot be submitted if the period of 2 working days after the deadline has passed (unless there is an approved extension). Failure to submit within the relevant period will mean that you have failed the assessment.
  • Requests for short-term extensions will only be considered in the case of illness or other cause considered valid by the Director of Studies Team. Please contact DoS@london.aru.ac.uk. A request must normally be received and agreed by the Director of Studies Team in writing at least 24 hours prior to the deadline. Students will need to provide evidence to support their extension request. See rules 6.64-6.73: http://web.anglia.ac.uk/anet/academic/public/academic_regs.pdf
  • Exceptional Circumstances: The deadline for submission of exceptional circumstances in relation to this assignment is no later than five working days after the submission date of this work. Please contact the Director of Studies Team - DoS@london.aru.ac.uk. Students will need to provide evidence to support their EC claim. See rules 6.112 – 6.141: http://web.anglia.ac.uk/anet/academic/public/academic_regs.pdf ASSIGNMENT QUESTION On 31 September 2023 , B purchased 100,000 tonnes of organic Basmati rice (10% more or less at seller’s option) from S on C.I.F. (Cost, Insurance and Freight) terms. They agreed that payment would be made by an irrevocable letter of credit. The agreed shipment period was November 2023. The sale contract provided: ‘In the event of a typhoon preventing the loading of the cargo at the port of Macau, the seller shall be entitled to load the cargo at the port of Hong Kong.’ On 2 4 October 2023 , S received a letter of credit from C-Bank (confirming bank) in London. The letter of credit provided for the tender of:
  • McKendrick, E., Goode on Commercial Law, Sweet & Maxwell (5th^ edition 2016 ).
  • Rodrigo, T., UCP 500 to 600: A Forward Movement, Murdoch University Law Review, (Vol. 18, Issue 2, 2012).
  • Ryder, N., Griffiths, M., & Singh, L., Commercial law: Principles and policy, Cambridge University Press (2012). Please note that the sources listed are expected for your written assessment. These sources will be part of the module and their content is deemed necessary to produce a relevant assessment. Module markers will expect to see them integrated into your work and appropriately referenced. Failure to include these sources may result in a “Viva Voce” meeting during which you would be required to explain your work and your reasons for not including these key sources.

MARKING CRITERIA

Table 1 The work will be assessed in an integrative manner as indicated in the marking rubric, that is consistent with Anglia Ruskin University generic assessment criteria and marking standards Criteria / Grade 0 - 29%: Absent or deficient evidence of knowledge, Absent or deficient evidence of academic/ expressive/ professional skills. 30 - 39%: Little evidence of knowledge. Little evidence or use of scholarly conventions. 40 - 49%: Adequate knowledge, use of scholarly conventions inconsistent. Adequate academic/ expressive/ professional skills. 50 - 59%: Sound knowledge, use of scholarly conventions inconsistent. Sound academic/ expressive/ professional skills. 60 - 69%: Good analysis- consistent use of scholarly conventions. Good Academic/ Expressive/ Professional skills. 70 - 79%: Excellent analysis-high level of intellectual rigour and consistency. Excellent academic/ expressive/ professional skills 80 - 89%: Outstanding analysis-Work pushes the boundaries of the discipline. Outstanding Academic/ Expressive/ professional skills and creativity 90 - 100%: Exceptional analysis - Work pushes the boundaries of the discipline. Exceptional Academic/ Expressive/ professional skills and creativity Knowledge and understanding of letters of credit. (50 marks). Absent or deficient understanding of key issues related to letters of credit. Little understanding of key issues related to letters of credit. Adequate understanding of key issues related to letters of credit. Sound understanding of key issues related to letters of credit. Good understanding of key issues related to letters of credit. Excellent understanding of key issues related to letters of credit. Outstanding understanding of key issues related to letters of credit The student has demonstrated an exceptional knowledge of the key features of letters of credit. 50 Marks 0 - 14 15 - 19 20 - 24 25 - 29 30 - 34 35 - 39 40 - 44 45 - 50 Demonstrates depth of research drawing on a good range of primary and secondary sources Absent or deficient research. No or deficient reference to primary and secondary sources. Little research. Little reference to primary and secondary sources. Adequate research. Adequate reference to primary and secondary sources. Sound research. Sound reference to primary and secondary sources. Good research. Good reference to primary and secondary sources. Excellent research. Excellent use of primary and secondary sources. Evidence of extensive reading. Outstanding research. Outstanding use of primary and secondary sources. Evidence of extensive reading. Evidence of independence of thought. Exceptional research. Exceptional use of primary and secondary sources. Evidence of extensive reading. Evidence of independence of thought. 40 Marks 0 - 11 12 - 15 16 - 19 20 - 23 24 - 27 28 - 31 32 - 35 36 - 40 Correct grammar, presentation, and referencing for written essay The Harvard referencing format has not been followed. Very weak academic writing style with numerous Limited use of the Harvard referencing format with numerous inaccuracies. Limited academic Adequate use of the Harvard referencing format with numerous inaccuracies. Adequate academic Sound use of the Harvard referencing format with some inaccuracies. Sou nd academic writing style with some A good logical structure with accurate expression and content has been used throughout. Good use of the Harvard An excellent logical structure with accurate expression and content used throughout. Excellent use of the Harvard Outstanding and accurate logical structure with outstanding expression throughout. Outstanding use of the Harvard Exceptional structure with exceptional expression throughout. Exceptional use of the Harvard referencing format

ANGLIA RUSKIN UNIVERSITY GENERIC ASSESSMENT CRITERIA AND MARKING

STANDARDS

ARU GENERIC ASSESSMENT CRITERIA AND MARKING STANDARDS: LEVEL 6 –

the Depth stage Level 6 is characterised by an expectation of students’ increasing autonomy in relation to their study and developing skill sets. Students are expected to demonstrate problem solving skills, both theoretical and practical. This is supported by an understanding of appropriate theory; creativity of expression and thought based in individual judgement; and the ability to seek out, invoke, analyse and evaluate competing theories or methods of working in a critically constructive and open manner. Output is articulate, coherent and skilled in the appropriate medium, with some students producing original or innovative work in their specialism. Mark Bands Outcome Characteristics of Student Achievement by Marking Band for ARU’s Generic Learning Outcomes (Academic Regulations, Section 2) Knowledge & Understanding Intellectual (thinking), Practical, Affective and Transferable Skills 90 - 100% Achieves module outcome(s) Exceptional information base exploring and analysing the discipline, its theory and ethical issues with extraordinary originality and autonomy. Work may be considered for publication within ARU Exceptional management of learning resources, with a higher degree of autonomy/exploration that clearly exceeds the assessment brief. Exceptional structure/ accurate expression. Demonstrates intellectual originality and imagination. Exceptional team/practical/professional skills. Work may be considered for publication within ARU 80 - 89% Outstanding information base exploring and analysing the discipline, its theory and ethical issues with clear originality and autonomy Outstanding management of learning resources, with a degree of autonomy/exploration that clearly exceeds the assessment brief. An exemplar of structured/accurate expression. Demonstrates intellectual originality and imagination. Outstanding team/practical/professional skills

Excellent knowledge base that supports analysis, evaluation and problem- solving in theory/ practice/ethics of discipline with considerable originality Excellent management of learning resources, with degree of autonomy/research that may exceed the assessment brief. Structured and creative expression. Excellent academic/ intellectual skills and practical/team/ professional/ problem-solving skills 60 - 69% Good knowledge base that supports analysis, evaluation and problem- solving in theory/ practice/ethics of discipline with some originality Good management of learning resources, with consistent self-directed research. Structured and accurate expression. Good academic/intellectual skills and team/practical/ professional/problem solving skills 50 - 59% Sound knowledge base that supports some analysis, evaluation and problem-solving in theory/practice/ethics of discipline Sound management of learning resources. Some autonomy in research but inconsistent. Structured and mainly accurate expression. Sound level of academic/ intellectual skills going beyond description at times. Sound team/practical/professional/problem-solving skills 40 - 49% A marginal pass in module outcome(s) Adequate knowledge base with some omissions at the level of ethical/ theoretical issues. Restricted ability to discuss theory and/or or solve problems in discipline Adequate use of learning resources with little autonomy. Some difficulties with academic/ intellectual skills. Some difficulty with structure/ accuracy in expression, but evidence of developing team/practical/professional/ problem-solving skills

Awarded for: (i) non-submission; (ii) dangerous practice and; (iii) in situations where the student fails to address the assignment brief (eg: answers the wrong question) and/or related learning outcomes