Assessment Information/Brief 2023-24
Assessment Information/Brief 2023-24
To be used for all types of assessment and provided to students at the start of the module.
Information provided should be compatible with the detail contained in the approved module specification although may contain more information for clarity.
Module title Insert details
CRN 35586
Level 4
Assessment title Coursework
Weighting within module This assessment is worth 70% of the overall module mark.
Module Leader/Assessment set by Andrew Baker
Room 321, Maxwell Building
Email: a.h.baker@salford.ac.uk
Submission deadline date and time Monday 4th December 2023 at 4pm
For coursework assessments only: students with a Reasonable Adjustment Plan (RAP) or Carer Support Plan should check your plan to see if an extension to this submission date has been agreed.
How to submit
You should submit your assessment via Turnitin on Blackboard.
You must submit 1 electronic copy of your assignment via Turnitinon Blackboard by the date and time noted above.
As the University will mark assessments anonymously where this is possible, please use your student roll number and not your name on your submission.
Assessment task details and instructions
This assessment is worth 70% of your overall module mark.
Dr Archer is an author. To complete a new history book she needed to use original archive documents that are available from World Archives Ltd. The archive material is booked and paid for online and then delivered within 48 hours. The cost of the material is 12 per document per week. Dr Archer requires eight archive documents for two weeks so his cost would total 192.
Dr Archer used the website to order the documents. While checking out online Dr Archer was required to tick a box agreeing to the terms and conditions, which Dr Archer did.
Three weeks later Dr Archer received an email with an invoice for 2000 for the late return of the documents.
In the Terms and Conditions that Dr Archer did not read it stated:
6.1 Late Returns Late returns of archive documents will incur a charge of 50 per document per day. This rate applies immediately on lateness.
When Dr Archer visited the offices of World Archives Ltd to complain she tripped over a broken floor tile in the companys reception area.
In the Terms and Conditions it also stated:
9.1 World Archives accept no responsibility for any injuries received connected with the contract, including when visiting any World Archives Ltd premises.
Dr Archer has come to you for advice as to whether she can avoid paying the 2000 and whether she can claim for the injuries during her visit.
Advise Dr Archer.
(2200 Words)
END OF THE COURSEWORK
DESCRIPTION OF THE TASK
Students should discuss and analyse the problem question with reference to case law and any relevant statutory provisions. This means that students should identify the relevant issues raised in the scenario (ie. What are they?), discuss them by supporting your answer with relevant case law. (ie. How does the law deal with similar issues). By doing this, you are giving Dr Archer legal advice (ie. Apply your legal discussion to the scenario directly.
Please note that your answer should NOT be written as a letter to Dr Archer (ie. As if you are giving legal advice). You will learn how to answer such questions in seminars where we will deal with scenario-based problem questions. In addition, we will also learn how to structure such answers in Seminar 6.
There is no minimum number of cases a student should use; however, due to the word limit, students should only use those cases which are directly relevant and which add value to the general argument.
Students should use the ILAC (Issue/Law/Application/Conclusion) system to answer the above problem question.
Submission requirements:
The assignment should be submitted in Times New Roman
12 with 1.5 spacing.
The assignment should be submitted in Microsoft Word
document as ONE assignment,
The assignment should be submitted via Turnitin on
Blackboard. Any assignments which are emailed to the team will NOT be accepted.
Ensure you attach Bibliography (you will only need to provide
ONE bibliography at the end of the assignment which clearly
lists all the sources and cases used throughout the
assignment, including those which you read but did not reference in your answer
Ensure you are familiar with Academic Misconduct
Regulation
Dont (the below might incur penalties):
Use improper/incorrect/poor referencesOSCOLA should be
used
Use unofficial sources, i.e. Wikipedia, LawTeacher.net and
other similar sources (please note that Turnitin will always
pick up these sources)
Make grammar mistakes and ensure an assignment is proof-
read before the submission Plagiarisestudents will be reported for plagiarism
Submit AFTER 4pm on 3rd December 2021 as all late
submissions (unless you have a PMC/RAP) will be penalised.
Do:
Proper and careful research of case law and, if applicable,
journal articlesstudents can use the textbook as an initial
source for case law and other reliable legal sources
Follow a structure to produce a concise and good answer
Read and analyse case law of your choice and decide how
you are going to discuss them in your essay Give yourself plenty of time to write your essay to produce a
good work
Summary:
Each Part is based on a different topic of contract law
It is a students choice WHICH cases to choose but the main
case law should be used and discussed All answers should be properly referenced (OSCOLA) to avoid
plagiarism
Students ARE NOT allowed to use Wikipedia and
LawTeacher.net and WILL BE penalised if these (or any other
similar sources) are either used/referenced/relied on
Please note that teaching staff will NOT read any drafts.
Note:
If you are struggling, please ensure you come and speak with your module leader Andrew Baker or your seminar tutor as soon as possible. We will not read or comment on coursework drafts BUT if you need any clarification of the materials or if you have any general
questions, please ensure you contact us.
*This assignment brief is subject to approval by the External
Examiner.
Assessment Criteria
30-39Unsatisfactory
Demonstrates some knowledge of subject area but with majorinaccuracies/misconceptions. Even though some of the relevant
issues had been correctly identified, the discussion of the main
principles was unsatisfactory. In particular, the discussion was verybasic, descriptive with no independent analysis or very little law.
There were major gaps in the knowledge which indicated a severe
lack of understanding the topic. The assignment also contained verylimited/no sources or no OSCOLA at all.
40-49Adequate
Demonstrated adequate knowledge of the subject area but limitedin breadth and/or depth. The relevant issues and principles had
been correctly identified and some discussion had been provided.
However, the discussion was mainly basic, descriptive, and
representative with very limited independent analysis. OSCOLA waspoor and more analysis was required.
50-59Fair
Demonstrated fair knowledge of subject area. Few limitations in
depth and/or breadth. Discussions surrounding the question poseddemonstrated a fair understanding of the subject. The issues and
principles had been correctly identified and a fair and reasonablediscussion had been provided. However, the discussion was, at
times, descriptive with only some independent analysis. OSCOLA
was fair.
60-69Good
Demonstrated good knowledge of subject area in depth and
breadth. Discussions surrounding the question posed demonstrateda good understanding of the subject. The issues and principles had
been correctly identified and a good discussion had been provided.
On occasions, the discussion was descriptive and illustrative whichcould be remedied by providing a more thorough analysis and
research. However, the descriptiveness of the answer did not
significantly affect the quality of the assignment. OSCOLA and use of
sources were good.
70-79Very Good
Demonstrated a very good knowledge of subject area in depth and
breadth. Discussions surrounding the question posed demonstrateda very good understanding of the subject. The issues and principles
had been correctly identified and a very good discussion had beenprovided. The discussion was relevant, accurate, interesting and
intellectual with a very good intellectual analysis. Very good use of
OSCOLA and sources.
80+ Excellent
Demonstrated excellent knowledge of subject area in depth and
breadth. Discussions surrounding the question posed demonstratedan excellent understanding of the subject. The issues and principles
had been correctly identified and an excellent discussion had beenprovided. Analysis was present throughout and the answercontained no mistakes. The discussion was highly intellectual and
contains excellent evaluation. Excellent use of case law and
limited/no OSCOLA mistakes.
Knowledge and Understanding
Practical, Professional or Subject Specific Skills
Assessed intended learning outcomesOn successful completion of this assessment, you will be able to:
1. Identify and evaluate contractual principles through case-law and statutory interpretation;2. Demonstrate a detailed knowledge of the life cycle of a contract; and
3. Apply appropriate contractual principles to a range of problem scenarios and provide articulate and logical
Solutions
4. Research complex legal problems;5. Advise on legal matters by way of problem questions; and
6. Analyse, summarise, and discuss contractual law problems and scenarios.
Employability Skills developed / demonstrated Communication YES
Critical Thinking and Problem Solving YES
Data Literacy NO
Digital Literacy YES
Industry Awareness YES
Innovation and Creativity YES
Proactive Leadership NO
Reflection and Life-Long Learning YES
Self-management and Organisation YES
Team Working NO
Word count/ duration (if applicable)
Your assessment should be 2200 words.
There is a 10% leeway permitted if needed, thus you may exceedthe word count within said 10% which amounts to NO MORE than
2420 total words.
If the words exceed 2420, then markers will cease consideringcontent for the purpose of grading and feedback once the stated
maximum length has been exceeded and award marks ONLY on the
basis of work within the stated acceptable upper limit of length.
You MUST include a word count with your work.
NB: The bibliography is NOT included within the word count.
However, footnotes ARE INCLUDED within the word count.
Feedback arrangements
You can expect to receive feedback on Turnitin three teachingweeks (or 15 working days) after the submission.
Formative feedback will be provided through the seminar series.
Academic Integrity and Referencing
Students are expected to learn and demonstrate skills associated with good academic conduct (academic integrity). Good academic conduct includes the use of clear and correct referencing of source materials. Here is a link to where you can find out more about the skills which students need:
Academic integrity & referencingReferencing
Academic Misconduct is an action which may give you an unfair advantage in your academic work. This includes plagiarism, asking someone else to write your assessment for you or taking notes into an exam. The University takes all forms of academic misconduct seriously.
Assessment Information and Support
Support for this Assessment
You can obtain support for this assessment by checking BlackboardUltra as it will be used to deliver any important information to
students. You can also come and see a course module leader and/or
your seminar tutors during their office hours. If you have any
general questions, please use BB Ultra.
In addition, if you would like to see a course module leader or your
seminar tutor outside office hours, then please send them an emailrequesting an appointment. Please note that it might take up to 3working days to reply to emails. Furthermore, please feel free to
speak with your tutor after a seminar in case if you have anyquestions.
You can find more information about understanding your assessment brief and assessment tips for success here.
Assessment Rules and Processes
You can find information about assessment rules and processes in Blackboard in the Assessment Support module.
Developyour Academic and Digital Skills
Find resources to help you develop your skills here.
Concerns about Studies or Progress
If you have any concerns about your studies, contact your Academic Progress Review Tutor/Personal Tutor or your Student Progression Administrator (SPA).
askUS Services
The University offers a range of support services for students through askUS including Disability and Learner Support, Wellbeing and Counselling Services.
Personal Mitigating Circumstances (PMCs)
If personal mitigating circumstances (e.g. illness or other personal circumstances) may have affected your ability to complete this assessment, you can find more information about the Personal Mitigating Circumstances Procedure here. Independent advice is available from the Students Union Advice Centre about this process. Click here for an appointment to speak to an adviser or email advicecentre-ussu@salford.ac.uk.
In Year Retrieval Scheme
Your assessment is eligible for in year retrieval. If you are eligible for this scheme, you will be contacted shortly after the feedback deadline.
You can find more information about this scheme in Blackboard in the Assessment Support module.
Reassessment
If you fail your assessment, and are eligible for reassessment, you will need to resubmit on or before TBC. For students with accepted personal mitigating circumstances for absence/non submission, this will be your replacement assessment attempt.
Reassessment is going to be based on the same assignment. More information will follow at the appropriate time.
We know that having to undergo a reassessment can be challenging however support is available. Have a look at all the sources of support outlined earlier in this brief and refer to the Personal Effectivenessresources.
Dr Archer is an author. To complete a new history book she needed to use original archive documents that are available from World Archives Ltd. The archive material is booked and paid for online and then delivered within 48 hours. The cost of the material is 12 per1document per week. Dr Archer requires eight archive documents for two weeks so his cost would total 192.Dr Archer used the website to order the documents. While checking out online Dr Archer was required to tick a box agreeing to the terms and conditions, which Dr Archer did. Three weeks later Dr Archer received an email with an invoice for2000 for the late return of the documents. In the Terms and Conditions that Dr Archer did not read it stated: 6.1 Late Returns Late returns of archive documents will incur a charge of 50 per document per day. This rate applies immediately on lateness. When Dr Archer visited the offices of World Archives Ltd to complain she tripped over a broken floor tile in the companys reception area. In the Terms and Conditions it also stated:9.1 World Archives accept no responsibility for any injuries received connected with the contract, including when visiting any World Archives Ltd premises Archer has come to you for advice as to whether she can avoid paying the 2000 and whether she can claim for the injuries during her visit. Advise Dr Archer
In this situation Dr archer has incurred charges of 2000 for late fees of documents she had purchased online after agreeing to the terms and conditions by world archives ltd. the question of this scenario is whether the contract is legally binding or if it a breach of contract. If she is entitled to avoid paying the fine of 2000 and if there is a potential claim for her injurys.
The requirement for a clause to be incorporated into a contract must have one of the following. A signature, reasonable notice, or previous course of dealings. In this situation Dr Archer had given her approval for accepting the terms and conditions by ticking the box. Therefore, making the terms and conditions of the contract incorporated. Lestrange v graucob 1934. In the case of lestrange v graucob 1934, lestrange had agreed to a contract of terms and conditions by graucob for the purchase of a slot machine which contained exclusion clauses. The slot machine was deemed to be a faulty product, thus lestrange attempted to claim based on the goods of sale act. In the terms and conditions to which lestrange had agreed too it clearly stated that graucob will not be liable if the product is faulty. As a result, the courts held that the lestrange claim was not held because of his failure to read the terms and conditions and the contract was effective. The conclusion of this case demonstrated that it does not matter that Dr archer did not read the terms and conditions because she gave her signature. The act of ticking the required box and accepting the terms and conditions despite not reading them or failing to understand them is of her own mistake. Therefore, she has to honour the contract.
However, Dr archer can also argue that the terms and conditions she agreed to are unenforceable because it could be considered unfair terms and conditions. This is because in order for dr archer to complete the sale of the original archive documents she had to give her consent for the terms and conditions. However, the fact that she agreed to the terms and conditions does not negate the fact the contract is valid.
Despite this, dr archer can avoid paying the late returns charge of 2000 by stating that the clause in the terms and conditions was onerous. This is because the charge issued to dr archer did not have a fair and reasonable amount of notice given to her. Interfoto v stiletto. In the case of interfoto v stiletto,
Dr archer can also claim the contract to be void under the regulation 5(1) of the unfair contract terms act. this is because it causes significant imbalance in the rights to the detriment of the consumer. The evidence for this is
Dr archer can also argue that under section of the consumers act. This is because she transacted with the company as a consumer and not a business. Her profession of being an author and her need of using the materials for her work is separate. Therefore she has rights and can be protected under this act.
Dr archer can claim for the injuries sustained from her visit to the company. Even though she agreed to the terms and conditions and it was clearly stated that the company would not be liable for any injuries occurred as a result of the contract or on their premises. Under Section of the unfair contract terms act 1977 it states negligence does not restrict liability and the company cannot contract out of being liable for negligence. The negligence that results in death or personal injury. Hence, she can sue for damages as it was negligence on the companys part as dr archer had tripped over a broken floor tile in the companys reception area. The company did not present any warnings of the broken floor tile which is a safety hazard. Plus, it was their duty to do so to avoid any potential scenarios where it would be reasonably foreseeable that individuals would sustain injuries consequently.
To conclude Dr archer has several arguments she can utilise to make the contract void however the key fact of her providing her signature will make it difficult to avoid paying the fine of 2000. Moreover, Dr archer can claim for damages she suffered despite relinquishing world archives ltd of there
Bibliography
Legislation.gov.uk unfair contract terms act 1977 https://www.legislation.gov.uk/ukpga/1977/50 accessed on
