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Contract Law LAW5107

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    LAW5107

ST MARY'S UNIVERSITY SCHOOL OF LAW

LAW5107

Contract Law

Assessment 2: 24 Hour Take Home Exam

ASSESSMENT BRIEF FOR STUDENTS

SUMMARY OF ASSESSMENT FOR LAW5107

The module has been carefully designed so that by participating in the workshops and undertaking the directed reading you will be well positioned to complete the assessment tasks. It is crucial however that your work is also based on your own additional reading and that you make use of appropriate academic resources.

The assessment gives you the opportunity to demonstrate your achievement of the module Learning Outcomes:

  • Demonstrate a critical understanding of the legal requirements necessary for forming a contract.
  • Critically identify, for research, relevant legal issues in a problem scenario.
  • Critically apply legal knowledge to well-defined legal problems and propose solutions supported by authority.
  • Critically identify the strengths and weaknesses of a particular argument
  • Conduct legal research by analysing, identifying, retrieving, compiling and evaluating legal information and materials.
  • Communicate fairly, critically, and effectively material and argument in writing using legal terminology.

IMPORTANT EXAM INFORMATION:

TIME ALLOWED:24HOURS.

Your exam starts at 10.00am 11thMay 2025

You must submit your response using the Turnitin link on the Submissions section of Canvas by10:00 AM 12thMay 2025

Please ensure that your answers to the exam questions are all on one single document when submitting your work.

INSTRUCTIONS:

Please read carefully.DO NOTput your name on your exam script.

Time allowed: 24 hours.

Late submissions will receive a mark of 0% unless you have submitted and had approved an extenuating circumstances claim with supporting evidence. Detailed guidance on the extenuating circumstances procedure can be found at the end of this document.

This paper is inTHREEsections. You must attempt ALL sections of the paper.

Students must answer all the Multiple-Choice Questions in Section A. This section attracts 20% of the mark for the exam. There is only one correct answer to each question in Section A.You must write a short explanation as to why you have selected the answer.

Students must answer the problem question in Section B of the exam which is a mandatory question. This attracts 40% of the mark for the exam. The word limit for the answer to this question is 1000 words.

Students must answer any ONE essay question from Section C. This attracts 40% of the mark for the exam. The word limit for the answer to the essay question you choose is 1000 words.

You are allocated +/- 10 per cent for the work count. Your footnotes and bibliography are not included in the overall word count. Please ensure that you use OSCOLA referencing in your assessment.

EXAM QUESTIONS

SECTION A

You must write a short explanation as to why you have selected the answer. Maximum 50 words per answer.

Question 1:A landscaping company posts a flyer offering 200 to anyone who can mow their lawn within a day. Jamie sees the flyer, mows the lawn, and claims the payment. Can the company refuse to pay Jamie?

  1. A) Yes, because Jamie did not communicate his acceptance.
  2. B) No, because Jamie accepted by performing the requested act.
  3. C) Yes, because the offer needed a signed agreement.
  4. D) No, because Jamie saw the flyer and accepted the terms.

Question 2:Claire offers to sell her piano to Sam, saying, If I dont hear from you by Monday, Ill assume you accept. Monday passes with no word from Sam, and Claire insists theres now a contract. Can she enforce it?

  1. A) Yes, because Sams silence indicated acceptance.
  2. B) No, because silence cannot be considered acceptance.
  3. C) Yes, because Claire made her intention clear.
  4. D) No, because acceptance must always be in writing.

Question 3:InThornton v Shoe Lane Parking (1971), why was the exclusion clause on the parking ticket not incorporated into the contract?

  1. A) The clause was not brought to the customers attention before the contract was formed.
  2. B) The clause was ambiguous and therefore invalid.
  3. C) The clause was deemed to be unfair and unreasonable.
  4. D) Exclusion clauses are generally invalid in consumer contracts.

Question 4:What is the effect of a "counter-offer" in contract negotiations?

  1. A) It confirms acceptance of the original offer.
  2. B) It keeps the original offer open.
  3. C) It terminates the original offer.
  4. D) It has no legal effect.

Question 5:InFoakes v Beer (1884), what principle did the House of Lords confirm regarding part payment of debt?

  1. A) Part payment of a debt satisfies the whole debt if agreed to by the creditor.
  2. B) Part payment of a debt is not good consideration for a promise to waive the remainder of the debt.
  3. C) Consideration is not required when waiving debt.
  4. D) Debts must always be paid in full, even if the creditor agrees otherwise.

Question 6:Which of the following is true about "invitation to treat"?

  1. A) It is an offer that can be accepted to form a binding contract.
  2. B) It is a statement showing willingness to negotiate or receive offers.
  3. C) It must be accepted by the offeree to create a contract.
  4. D) It always leads to a legally binding agreement.

Question 7:Tom rescues Amy from a dangerous situation. Grateful, Amy later promises to pay Tom 200. When Tom tries to claim the money, Amy refuses. Can Tom enforce the promise?

  1. A) Yes, because Amys promise shows her intention.
  2. B) No, because the consideration is past.
  3. C) Yes, because Toms actions benefited Amy.
  4. D) No, because there was no written agreement.

Question 8:A software developer agrees to finish a project for 3,000. During the project, the client offers an additional 500 to ensure early completion. The developer finishes early, but the client refuses to pay the extra 500. Can the developer claim it?

  1. A) Yes, if the early completion provided a practical benefit to the client.
  2. B) No, because the developer was already obliged to complete the work.
  3. C) Yes, because a promise for more money creates an enforceable obligation.
  4. D) No, because additional payment requires new consideration.

Question 9:In which case did the court establish the "red hand rule," requiring that onerous or unusual exclusion clauses must be made particularly noticeable?

  1. A)Parker v South Eastern Railway (1877)
  2. B)Thornton v Shoe Lane Parking (1971)
  3. C)Chapelton v Barry UDC (1940)
  4. D)Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd (1989)

Question 10:InBalfour v Balfour (1919), why was there no enforceable contract between the husband and wife?

  1. A) The agreement was too vague.
  2. B) The parties lacked capacity.
  3. C) There was no consideration.
  4. D) There was no intention to create legal relations.

SECTION B

You must answer this question.

Graphic Design Studio Ltd is a small agency specialising in creating promotional content for local businesses. One day, Liam, the owner, contacts Rapid Images, a photo library, to borrow a collection of high-resolution images for a marketing project for a new client. The two companies agreed that Graphic Design Studio would borrow 25 images for two weeks.

On May 1st, Rapid Images delivers the images to Graphic Design Studio. Accompanying the images is a document outlining Rapid Images' standard terms and conditions. Buried within this document, in small print and with no additional emphasis, is a clause stating that any late return of images will incur a daily fee of 100 per image. Liam does not read the terms in detail, as he assumes they are standard.

Due to an unexpected delay, Liam forgot to return the images by the agreed-upon date and ultimately returned them three weeks late. Rapid Images invoices Graphic Design Studio Ltd for 52,500, citing the late return fee for 25 images over 21 days.

Liam is shocked by the fee and refuses to pay, arguing that the late fee is disproportionately high and that he was not made sufficiently aware of this specific clause when he received the images.

Advise Liam on whether the late return fee clause is enforceable. In your answer, consider relevant principles of contract law, including incorporation of onerous terms, and refer to relevant case law.

SECTION C

Answer onlyonequestion from this section.

  1. Past consideration is no consideration. Critically discuss the rule against past consideration and evaluate the extent to which exceptions to this rule provide clarity or complexity. Your answer must refer to relevant case law, legal principles, and acadmic opinion.

  1. Exemption clauses in commercial contracts are treated differently than those in consumer contracts, with greater freedom afforded to businesses. Critically discuss the rationale for treating exemption clauses differently in commercial and consumer contexts. Is this distinction justified? Your answer must refer to relevant case law, legal principles, and acadmic opinion.

  1. Conditional acceptance can blur the lines between acceptance and counter-offers, often complicating contract formation. Critically assess how conditional acceptance affects the formation of a contract, and evaluate whether the current rules provide adequate guidance.

  1. Critically assess the legal principles governing misrepresentation. In your answer, evaluate how these principles have been applied in case law and support your analysis with relevant legal authorities and academic opinion.

END OF EXAM QUESTIONS

SUBMISSION:Work must be submitted through Turnitin using the assessment link in Canvas. Email submissions are not permitted. IT issues are not a valid reason for non-submission.

SUBMISSION GUIDANCE:

  • Your paper should be word processed using Times New Roman font or similar in font size 12 and with 1.5 line spacing
  • The word count includes all quotes but does not include footnotes. Failure to follow any of the preparation and presentation instructions will result in a deduction of 10% from your overall mark.
  • It is acceptable to be 10?ove or below this word count.
  • A full bibliography is required but this does not form part of the word count.
  • You must ensure that you properly reference your sources using OSCOLA, applying good academic practice and ensuring that you are compliant with the University's rules on plagiarism.

MARKING CRITERIA

Your work will be marked with reference to the assessment criteria as applicable to the module.For the full marking criteria, please see Appendix One.

ACADEMIC INTEGRITY

Assessments are designed to to measure your ability to conduct research and construct argumentswithoutthe use of content produced by other writers, essay mill websites or Artificial Intelligence tools (ChatGPT, QuillBot, and others).??It will be regarded as academic misconduct for any candidate to commit any act whereby they seek to obtain for themselves, or for another candidate, an unfair advantage.

For all students on a law degree, or law joint honours degree, use of AI-generated content in assessment materials is prohibited.The use of AI is not allowed by the Solicitors Regulation Authority. If you are suspected of using AI or any form of academic misconduct you may be referred to an academic misconduct panel.?If you are found to have used artificial intelligence or academic misconduct this may prevent you from securing employment as a solicitor.

Use of AI to paraphrase, summarise or translate content from a foreign language is prohibited and may be referred to an academic misconduct panel.?

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By submitting the assignment via Turnitin, you affirm that the submission is your own original work and that it meets the standards of academic honesty by signing the below Academic Integrity pledge:?

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I hereby declare that the work I am submitting for assessment is my own work and not that produced by anyone else. I have not drawn on essay mills, contract cheating services, or the work of other students past or present. I have not drawn on material generated by artificial intelligence (AI) platforms (e.g. ChatGPT). I can confirm that this submission contains no text whatsoever that has simply been cut and pasted or included with only minor adaptations/amendments from other sources. Sections of text drawn directly and verbatim from other sources have always been placed in quotation marks to show that they are quotations. I have retained earlier drafts of this submission, and any rough notes produced during the process of drafting it, so that I can provide evidence of the originality of this submission if requested to do so?

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As stated on St Marys University website All members of the Universitys community have a responsibility to be alert to the potential for academic misconduct, to adopt and promote good academic practice and to safeguard the integrity of the Universitys degrees and other awards. It includes you the students, and this is why we are asking you to:??

  1. Make yourself familiar with theAcademic Regulations Sections 29-30??
  2. Complete the Academic Integrity modules on Moodle??

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More information on academic integrity can be accessed here:https://www.stmarys.ac.uk/policies/student-guidance-academic-regulations.aspx?

EXTENUATING CIRCUMSTANCES

In case of an illness or another extenuating circumstance, you will have to submit a form via the student portal and request either a programme or a university level extension. The programme level extension is a maximum of ten working days and the university level is for extension periods of over ten working days.

To make a claim, you will need to submit supporting evidence of why you were not able to submit an assignment or sit an exam. In the first instance please log into your student portal. Select the my details tab and in the manage my course select the view, add or amend extenuating circumstances request. If you do not receive an automatic email confirming receipt of your claim, then your claim has not been received.

The policy as well as the EC form can be found here:https://www.stmarys.ac.uk/registry/extenuating-circumstances.aspx

GenericUniversityCriteriaforAssessmentofTaughtProgrammes

  1. The assessment criteria below provide generic threshold and marking descriptors that characterise what is expected of our students at each level of their The descriptors essentially set out an increasing level of challenge, complexity and independent learning in relation to the knowledge, skills andattributes of a St Marys graduate.The criteria and descriptors draw upon good practice in the sector, the SEEC guidelines and QAAs Framework for HigherEducation(2014), andcomplementtheQAASubject BenchmarkStatements.
  2. The criteria and descriptors should be used by Programme teams to develop and inform their own subject-specific marking criteria and when devising programmeand module level intended learning outcomes. Student engagement with module level assessment and marking criteria is vital in developing their understanding ofhow assessment tasks relate to learning outcomes, and thereby appreciating what is expected of them by way of the types of learning as they progress throughtheir programmesof
  3. When providing students with feedback on assignments it is very helpful to address each of the assessed learning outcomes and in doing so establish targets withthestudentforhowthey couldachievethe highermark band.
  4. When assessing an assignment for a student to pass, all or the majority of the learning outcomes must have been achieved at the threshold level. The final mark willbe determined by the majority fit of assessed outcomes. For example, a student may have one or two features of their work judged to be in the 70-79% markboundary but the majority of assessed criteria are considered to fit the 60-69% set of descriptors. Therefore the student would be awarded a mark in the 60-69%mark boundary.
  5. ThedescriptorsfortheUniversitysgenericassessmentcriteriaareindicatedat Table1 below.
  6. UseoftheGenericUniversity Criteria andadoptionatProgrammelevel shouldbereadinconjunctionwiththeUniversity Assessment PolicyandUniversitysAcademicRegulations.

Table1-Descriptorsofeachassessmentcriterion:

Knowledgeand

Understanding

Intellectualskills

Scholarlypractices

Enquiryandresearchskills

Professionalandlifeskills

Knowledge and

Analysis,synthesis,creativity,

Includinguseof relevantliterature,

Includingresearch-related

Includingskillsincreativity,digital

comprehensionof the

deploymentofstructured

academicwriting,academic

skills,andcommunicating

practices,workingwithothers and

subjector fieldofenquiry

reasoningsupportedby

integrity,appropriateacademic

findingsinastyleappropriate

aspartofagroup,presentation

evidence;focusontopic,critical

conventionsincludingreferencing

foragivenaudience and

skills,projectmanagementskills

reflectionanddrawing

protocolsandadherencetoword-

context

andacting oncritical reflectionof

conclusions

length ortimelimits

own practice

UniversityAssessmentCriteriaFHEQLevel4*

Grading

criteria

Knowledgeand

Understanding

Intellectualskills

Scholarlypractices

Enquiryandresearch

skills

Professionalandlifeskills

Markband

0-29:Fail

Major gaps in knowledge andunderstanding. Significantinaccuracies.

Brief and irrelevant.Descriptive.

Only personal views offered.Unsubstantiatedgeneralisations. Little or noattempttodrawconclusions.

No evidence of reading. Viewsare unsupported and non-authoritative. Academicconventionslargelyignored.

E&R skills; Very little orno evidence of ability toundertake research-related tasks even withexternalguidance.

Communicationof thetaskisinappropriately

pitched for the contextandaudience.

Very little evidence of therequired skills in any of theskillsareas.

30-39:Fail

Gaps in knowledgeand

Forthemostpartdescriptive.

Evidenceoflittlereading

E&Rskills;Limited

Limitedevidence ofskillsin

superficialunderstanding.

Views/findingssometimes

appropriate forthe levelof

evidenceof abilityto

therange identifiedfor the

Some inaccuracies.

illogicalor contradictory.

study,and/orindiscriminate

undertake

assessmentatthis level.

Generalisations/statements

use ofsources.Academic

straightforwardE&Rtasks

Significantweaknesses

madewithscant evidence.

conventionsusedweakly.

evenwithexternal

evidence, whichsuggest

Conclusionslackrelevance

guidance.

thatthecandidate isnoton

and/orvalidity.

Communicationofthe

coursetogainthe

taskmayhave somemerit

necessaryforprofessional-

butisinappropriately

levelemployment.

pitchedforthecontext

andaudience.

40-49:

Broadlyaccurate knowledge

Some awareness ofissues.

Thresholdlevel.Some

E&Rskills:Someevidence

Cangenerallywork

Pass(3rd)

andunderstandingof the

Senseofargumentemerging

evidenceofreading,with

ofabilityto collect

professionallyand

(Threshold)

material.Someelements

thoughnotcompletely

superficiallinkingto given

appropriateinformation

effectivelywithothersasa

missingandflaws evident.

coherent.Someevidenceto

text(s).

andundertake

memberofagroup, and

supportviews,butnotalways

Someacademicconventions

straightforwardresearch

meetmostobligationsto

consistent.Somerelevant

evidentandlargelyconsistent,

taskswith external

others(e.g.topeers and

conclusions

butwithsomeweaknesses.

guidance.

tutors).

Cancommunicateina

Some evidenceofabilityto

range of formats,including orally, at astandard appropriate forthedisciplineandprofessional-levelemployment but withevidentweaknesses.

apply methodsappropriately to address awell-definedproblem. Abletorecogniseownstrengthsand weaknessesin relationto professional, digital andpracticalskills,identifiedby

others, but lacks insight insome areas.

50-59:

Sound,routineknowledgeand

Issues identifiedwithingiven

Knowledgeof literature

E&Rskills:Cancollect and

Canworkprofessionally

Pass(2.2)

understandingofthematerial,

areas.Anemergingawareness

beyondcoretext(s).Literature

interpret appropriate

andeffectivelywithothers

mainconcepts andkey

ofdifferentstancesandability

usedaccuratelybut

informationand

as amemberof agroup,

theories.

touse evidenceto supporta

descriptively.Academicskills

undertake

andmeetmostobligations

Someflawsmaybeevident.

coherentargument.

generallysound.

straightforwardresearch

toothers (e.g.topeersand

Broadlyvalidconclusions.

taskswith external

tutors).

guidance.

Canapplymethods

Cancommunicateina

accuratelyto addressa

rangeofformats,

well-definedproblem,and

includingorally,at a

begintoappreciate the

standardappropriatefor

complexityof theissues in

thediscipline and

thediscipline.Ableto

professional-level

evaluateownstrengths

employment.

andweaknessesinin

relationtoprofessional,

digitalandpracticalskills

identified byothers.

60-69:

Good,consistentknowledge

Goodanalyticalability.

Knowledgeof thefieldof

E&Rskills:Cancollect and

Canworkprofessionally

Pass(2.1)

andunderstandingof the

Acknowledgementofviews of

literatureappropriatelyused

interpret appropriate

andvery effectivelywith

material,mainconcepts and

others.Argumentsgenerally

tosupportviews.Research-

informationand

othersas amemberof a

keytheoriesatthislevel.

logical,coherentlyexpressed,

informedliterature integrated

successfullyundertake

group, andmeetmost

wellorganisedandsupported.

into thework.Gooduseof

straightforwardresearch

obligationstoothers(e.g.

Soundconclusions.

academicconventions.

taskswithlimited

to peersandtutors).

externalguidance.

Canapplymethods

Cancommunicatewell

accuratelyto addressa

andconsistentlyin a

well-definedproblem,

rangeofformats,

appreciatingthecomplexity

including orallyappropriate for thediscipline andprofessional-levelemployment.

of the issues in thediscipline. Able to takeinitiative inevaluating ownstrengths and weaknessesinrelationto professional,

digital and practical skillsidentified byothers

70-79:

Detailed knowledgeand

Verygoodanalysis

Criticalengagementwith

E&Rskills:Cancollect and

Canworkprofessionally

Pass(1st)

understandingof themain

throughout.Perceptive and

appropriatereading.

interpret appropriate

andveryeffectivelywith

concepts/theoriesatthis

persuasivepointsmadewithin

Knowledgeofresearch-

informationand

othersas amemberof a

level.Beginningtoshow

givenarea. Explicit

informedliteratureembedded

successfullyundertake

group, showingleadership

awarenessof thelimitations

acknowledgementofother

inthework.

researchtaskswitha

skillswhereappropriate,

oftheknowledgebase.

stances.Argumentswell-

Consistentlyaccurate useof

degreeof autonomy.

andmeet allobligations to

articulated,andlogically

academicconventions.

Cancommunicatevery

others(e.g.peers&tutors).

developedwitha range of

effectivelyin arangeof

Canapplymethods

evidence.

formats, includingorally,

accuratelyandvery

appropriateforthe

effectivelytoaddressa

discipline and

well-definedproblem,

professional-level

appreciatingthecomplexity

employment.

oftheissuesinthe

discipline.Ableto

demonstrateinsightand

autonomyinevaluating

ownstrengthsand

weaknessesinrelationto

professional,digitaland

practicalskills.

80-100:

Highlydetailedknowledgeand

Strongconclusions.

Exceptionallywide rangeof

E&Rskills:Cancollect and

Canworkprofessionally

Pass(1st)

understandingofmaterial,

Logical,articulate analysisa

relevantliteratureused

interpret appropriate

andexceptionallywell

conceptsandtheoriesatthis

consistentfeature.Persuasive

criticallytoinform argument,

informationand

withothersasamemberof

level.Awarenessof the

pointsmadethroughoutthe

balancediscussionand/or

successfullyundertake

a group, showing

ambiguities andlimitationsof

workwithinahighly

informproblem-solving.

researchtaskswith

leadershipskills,

knowledge.

articulate,balancedargument.

Consistentlyaccurate and

autonomyand

negotiatingandmeeting all

Judiciouslyselectedevidence,

assureduseof academic

exceptionalsuccess.

obligationstoothers(e.g.

drawnfromrelevantresearch.

conventions.

Cancommunicatehighly

peers&tutors).

Convincingconclusions.

effectivelyin arangeof

Canapplymethods

formats, includingorally,

accuratelyandvery

appropriateforthe

effectivelytoaddressa

discipline and

well-definedproblem,

professional-level

appreciatingthecomplexity

employment.

ofa range ofissues.Ableto

demonstrateinsightand

autonomyinevaluating

ownstrengthsand

weaknessesinrelationto

professional,digitaland

practicalskills.

Title

Date

Version

Seen By

GenericUniversityCriteria7forAssessmentofTaughtProgrammes

29/02/16

2

AssessmentPolicyReviewWorkingGroup29/02/16

GenericUniversityCriteriaforAssessmentofTaughtProgrammes

UniversityAssessmentCriteria FHEQLevel5*

Grading

criteria

Knowledgeand

Understanding

Intellectualskills

Scholarlypractices

Enquiryandresearch

skills

Professionalandlifeskills

Markband

0-29:Fail

Major gaps in knowledge andunderstanding. Significantinaccuracies.

Unsubstantiatedgeneralizations, made withoutuse of any credible evidence.Lack of logic, leading tounsupportable conclusions ormissingconclusions.Lackof

analysis andrelevance.

No evidence of reading.Viewsare unsupported and non-authoritative.Academicconventionslargelyignored.

Little or no evidence ofthe required skills in anyof the areas identified forassessmentatthislevel.

Little or no evidence of therequired skills in any of theareas identified forassessmentatthis level.

30-39:Fail

Gaps in knowledge andsuperficial understanding.Some inaccuracies.

Views/findings largelyirrelevant, illogical orcontradictory.

Generalisations/statementsmade with scant evidence.Conclusionslackrelevance

and/orvalidity.

Evidence of little readingappropriate for this leveland/or indiscriminate use ofsources.Academicconventionsusedweakly.

Limited evidence of skillsof research and enquiry inthe range identified forassessment at this level.Significant weaknessesevidentinseveralareas.

Limited evidence of skills inthe range identified forassessmentatthis level.

Significant weaknessesevidentin key areas.

40-49:

Satisfactoryknowledgeand

Awarenessofmainissues.

Evidenceofreadingrelevant

E&Rskills:Some

Canworkwithothersasa

Pass(3rd)

understandingofthematerial,

Structureof argument

sources,withsome

evidenceof abilityto

memberofagroup,

(Threshold)

of established principlesof

effective,butwithsome gaps

appropriatelinkingtogiven

collectandinterpret

meetingmostobligationsto

area(s)ofstudy,andofthe

orweaknesses.Some

text(s).

appropriate

others,modifying

way inwhichthoseprinciples

evidence providedtosupport

Academicconventionsevident

data/informationand

responsesappropriately.

havebeendeveloped.

findings,butnotalways

andlargely consistent,with

undertake researchtasks

Canidentifykey areasof

consistent.Somerelevant

minorweaknesses.

with limitedexternal

problemsandgenerally

conclusions.

guidance.Can

chooseappropriate

communicatefindingsin

methodsfortheir

arange offormats,

resolution.

includingorally,

Abletorecogniseown

appropriatetothe

strengthsandweaknesses

discipline(s),butwith

inrelationto professional

someweaknesses.

andpractical skills,butwith

limitedinsightinsome

areas.

50-59:

Pass(2.2)

Broad knowledge andunderstanding of the material,of established principles ofarea(s) of study, and of theway in which those principleshave been developed.

Issues identified and criticallyanalysed within given areas.An awareness of differentstances and ability to useevidence tosupportargument.Ability to applyconcepts and principlesoutside context of studycontext.Generally soundconclusions.

Knowledge and analysis of arange ofliteraturebeyondcore text(s).Literature usedaccurately and analytically.Academic skills generallysound.

E&R skills:Can undertakeresearch-like tasks,drawing on a range ofsources, with limitedexternal guidance.Cancommunicateeffectivelyand confidently in a rangeof formats, includingorally, appropriate to thediscipline(s) andaudience(s).

Canwork effectively withothersas a member of agroup, meeting obligationsto others, modifyingresponses appropriately.Can identify key areas ofproblemsand chooseappropriate methods fortheir resolution in aconsideredmanner.

Able toevaluate ownstrengths and weaknessesin relation to professionaland practical skills, and todevelop own evaluationcriteria.

60-69:

Pass(2.1)

Very good knowledge andunderstanding of the material,of established principles ofarea(s) of study, and of theway in which those principleshave been developed.

Good level of analysis andsynthesis.An awareness ofdifferent stances and ability touse evidence convincingly tosupport argument.Ability toapply concepts/principleseffectively beyond context ofstudy.Validconclusions.

Knowledge of the field ofliterature used consistently tosupport findings.Research-informed literature integratedinto the work.Very good useofacademic conventions.

E&R skills:Cansuccessfully completeresearch-like tasks,drawing on a range ofsources, with limitedexternalguidance.

Cancommunicatewell,confidently andconsistently in a range offormats, including orally,appropriate to thediscipline(s).Can adaptstyle to differentaudiences.

Canwork very effectivelyand confidently withothersas a member of agroup, meeting obligationsto others, modifyingresponses appropriately.Can identify key areas ofproblemsand choose, withautonomy, appropriatemethods for theirresolution in a consideredmanner.

Able to take initiative inevaluating own strengthsand weaknessesin relationto professional and

practicalskillsidentifiedby

othersanddevelopand

effectively apply ownevaluationcriteria.

70-79:

Pass(1st)

Excellentknowledgeandunderstanding of the material,the main concepts/ theories atthis level. Awareness of thelimitation of their knowledge,and how this influences anyanalyses and interpretationsbased onthat knowledge.

Excellent analysis andsynthesis.A range ofperceptive points made withingiven area for this level ofstudy.Arguments logicallydeveloped, supported byrelevant evidence.

Acknowledgement of otherstances.Strongconclusions.

Critical engagement with arange of reading.Knowledgeof research-informedliterature embedded in work.Consistently accurate use ofacademicconventions.

E&R skills:Cansuccessfully completeresearch-like tasks,drawing on a range ofsources, with a significantdegree of autonomy.Cancommunicateveryeffectivelyandconfidently in a range offormats, including orally,appropriate to thediscipline(s) and differentaudiences.

Canwork very effectivel6ywith confidently withothersas a member of agroup, showingleadershipskillswhereappropriate.

Can identify key areas ofproblemsconfidently andchoose,with autonomyand notable effectiveness,appropriate methods fortheirresolution.

Able to show insight andautonomy inevaluatingown strengths andweaknessesre professionalandpracticalskills,showing

excellentjudgement.

80-100:

Pass(1st)

Exceptionalknowledgeandunderstanding of the material,the main concepts/ theories atthis level. Awareness of thelimitation of their knowledge,and how this influences anyanalyses and interpretationsbased onthat knowledge.

Exceptional analysis andsynthesis are consistentfeatures.Perceptive, logicallyconnected points madethroughout the work within aneloquent, balanced argument.Evidence selected judiciouslyanalysed.

Persuasiveconclusions.

Exceptionally wide range ofrelevant literature evaluatedand used critically to informargument, balance discussionand/orinformproblem-solving.Accurate and assureduseofacademicconventions.

E&R skills:Evidence ofexceptional success inundertaking a range ofresearch-like tasks withhigh degree of autonomyforthelevel.

Cancommunicatehighlyeffectively, with diverseaudiences, in a widerange of formats,includingorally,asappropriate to thecontext.

Canwork exceptionallywell with othersas a keymember of a group,showingleadershipskillswhere appropriate,meeting obligations toothers.

Can identify key areas ofproblemsconfidently andchoose, with autonomy andexceptional effectiveness,appropriate methods fortheirresolution.

Able to show insight andautonomyinevaluating

ownstrengthsand

weaknesses,showing

outstandingjudgement.

Table1-Descriptorsofeachassessmentcriterion:

Knowledgeand

Understanding

Intellectualskills

Scholarlypractices

Enquiryandresearchskills

Professionalandlifeskills

Knowledge and

Analysis,synthesis,creativity,

Includinguseof relevantliterature,

Includingresearch-related

Includingskillsincreativity,digital

comprehensionof the

deploymentofstructured

academicwriting,academic

skills,andcommunicating

practices,workingwithothers and

subjector fieldofenquiry

reasoningsupportedby

integrity,appropriateacademic

findingsinastyleappropriate

aspartofagroup,presentation

evidence;focusontopic,critical

conventionsincludingreferencing

foragivenaudience and

skills,projectmanagementskills

reflectionanddrawing

protocolsandadherencetoword-

context

andacting oncritical reflectionof

conclusions

length ortimelimits

own practice

Title

Date

Version

Seenby

GenericUniversityCriteria10forAssessmentofTaughtProgrammes

26/02/16

1

AssessmentPolicyReviewWorkingGroup29/02/16

GenericUniversityCriteria

forAssessmentofTaughtProgrammes

UniversityAssessmentCriteria FHEQLevel6*

Grading

criteria

Knowledgeand

Understanding

Intellectualskills

Scholarlypractices

Enquiryandresearch

skills

Professionalandlifeskills

Markband

0-29:Fail

Major gaps in knowledge andunderstanding of material atthis level. Substantialinaccuracies.

Unsubstantiatedgeneralisations, made withoutuse of any credible evidence.Lack of logic, leading tounsupportable/missingconclusions.Lack of anyattempt to analyse, synthesiseorevaluate.Poor

communicationof ideas.

Little evidence of reading.Views and findingsunsupported and non-authoritative.Academicconventionslargelyignored.

Little or no evidence ofthe required skills in anyof the graduate skillsidentified in theprogramme specificationat this level.

30-39:Fail

Gaps in knowledge andsuperficial understanding withonly superficial understanding.Somesignificantinaccuracies.

Some evidence of analyticalintellectual skills, but for themost partdescriptive.

Ideas/findings sometimesillogical and contradictory.Generalized statements madewithscantevidence.

Conclusionslackrelevance.

Evidence of little readingand/or of reliance oninappropriate sources, and/orindiscriminate use of sources.Academic conventions usedinconsistently.

Limited evidence of theresearchskillsidentifiedin the programmespecification.Significantweaknesses evident,which suggest that thecandidate has not yetgained the research skillsrequiredforpostgraduate

study.

Limited evidence of thegraduate skills identified inthe programmespecification.Significantweaknesses evident, whichsuggest that the candidatehas not gained the skillsnecessary for graduate-levelemployment.

40-49:

Pass (3rd)(Threshold)

Satisfactory understanding ofkey aspects of field of study;coherent knowledge, at leastinformed by current researchand scholarly activity in thesubjectdiscipline.

Evidence of some logical,analytical thinking and someattempts to synthesise, albeitwith some weaknesses.Someevidence tosupportfindings/views,butevidence

notconsistentlyinterpreted.

References to a range ofrelevant sources.Someomissions and minor errors.Academic conventions evidentand largely consistent, withminorlapses.

E&R skills:Cancompetently undertakereasonablystraightforward researchtasks with minimumguidance,butwithminor

weaknesses.Can

Can generallyworkeffectively within a team,negotiating in aprofessional manner andmanaging conflict.Islargelyconfident and

effectiveinidentifyingand

11FordescriptorsofassessmentcriteriarefertoTable1

12UseoftheGenericUniversityCriteriaandadoptionatProgrammelevel shouldbereadinconjunctionwiththeUniversitysAcademicRegulations12

Somerelevantconclusions.

communicatein a rangeof formats, includingorally, at a standardappropriate for graduate-level employment, andwithlimitedweaknesses.

definingcomplexproblemsand applying knowledgeand methods to theirsolution.

Able torecognise ownstrengths and weaknessesin relation to graduateemployment, with minorareasof weakness.

50-59:

Pass(2.2)

Systematicunderstandingof

the field(s) of study, asindicated by relevant subjectbench mark statements forthefinaldegreeprogramme.

Evidenceofsomelogical,

analytical thinking andsynthesis.Can analyse newand/or abstract data andsituations without guidance.An emerging awareness ofdifferent stances and ability touse evidence to support theargument.Validconclusions.

Knowledge,analysisand

evaluation of a range ofresearch-informed literature,including sources retrieved,analysedindependently.

Academic skills consistentlyapplied.

E&Rskills: Can

competently undertakereasonablystraightforward researchtasks with minimumguidance.Cancommunicateeffectivelyin a range of formats,including orally, at astandard appropriate forgraduate-levelemployment.Adoptsstyleandregister

appropriateforaudience.

Canconsistentlywork

effectively within a team,negotiating in aprofessional manner andmanaging conflict.Isconfident and flexible inidentifying and definingcomplex problemsandapplying knowledge andmethods to their solution.Able toevaluate ownstrengths and weaknessesinrelationtograduate

employment.

60-69:

Pass(2.1)

Good knowledge andunderstanding of the field(s)of study, as indicated byrelevant subject bench markstatements for the finaldegreeprogramme.

Sound, logical, analytical thing;synthesisandevaluation.

Ability to devise and sustainpersuasive arguments, and toreview the reliability, validity& significanceofevidence.

Ability to communicate ideasand evidence accurately andconvincingly.Sound,convincingconclusions.

Good knowledge, analysis andevaluation of a range ofresearch-informed literature,including sources retrieved,analysed independently withaccuracy and assurance.Goodacademic skills, consistentlyapplied.

E&R skills:Cansuccessfully complete arange of research-liketasks, includingevaluation, with verylimited external guidance.Cancommunicatewell,confidently andconsistently in a range offormats, including orally,at a standard appropriateforgraduate-level

employment.Adopts

Can consistentlywork verywell within a team,leading&negotiatingin aprofessional manner andmanagingconflict.

Is confident and flexible inidentifying and defining arange of complex problemsand applying knowledgeand methods to theirsolution.

Abletotake initiativein

evaluatingownstrengths

style and register toengageaudience(s).

and weaknessesin relationto graduate-levelprofessional and practicalskills, and actautonomouslytodevelop

new areas of skills asnecessary.

70-79:

Pass(1st)

Excellentknowledge and

understanding of the material,the main concepts/ theories ofthe discipline. Clear awarenessof the limitation of theirknowledge, and how thisinfluences any analyses andinterpretations based on thatknowledge.

Thoroughlylogicalwork,

supported by judiciouslyselected and evaluatedevidence.High qualityanalysis, developedindependently or througheffective collaboration.Abilityto investigate contradictoryinformation and identifyreasonsforcontradictions.

Strongconclusions.

Excellentknowledgeof

research informed literatureembeddedin thework.

Consistent analysis andevaluation of sources.High-level academic skillsconsistentlyapplied.

E&Rskills: Canvery

successfully complete arange of research-liketasks, includingevaluation, with asignificant degree ofautonomy.Cancommunicateprofessionally andconfidently in a range offormats for diverseaudiences, at a highstandard appropriate forgraduate-levelemployment.

Canworkprofessionally

within a team,showingleadership skills asappropriate, managingconflict and meetingobligations.

Is professional and flexibleinautonomously defining arange of complex problemsand applying knowledgeandmethodstosolution.

Shows insight andautonomy inevaluatingown strengths andweaknessesanddeveloping professionaland practical skills neededforgraduate-level

employment.

80-100:

Pass(1st)

Exceptionally knowledge andunderstanding of the material,the main concepts/ theories ofthe discipline. Awareness ofthe ambiguities and limitationofknowledge.

Exceptional work; judiciouslyselected and evaluatedevidence.Very high qualityanalysis, developedindependently or througheffective collaboration.Abilityto investigate contradictoryinformation and identifyreasonsforcontradictions.

Highlypersuasiveconclusions.

Outstanding knowledge ofresearch-informed literatureembeddedin thework.

Consistent analysis andevaluation of sources.High-level academic skillsconsistently and professionallyapplied.

E&R skills:Impressiveability to draw on ownresearch, and that ofothers, to formulatemeaningful researchquestions.Exceptionallysuccessful in a wide rangeof research tasks,includingevaluation,with

ahighdegreeof

Canwork exceptionallywell and professionallywithin a team,showingleadership skills asappropriate, managingconflict, and meeting allobligations.

Is exceptionallyprofessionalandflexiblein

autonomouslydefiningand

autonomy.Cancommunicatefindingswith real professionalism,adapting style easily forgivenaudiences.

solving a range of complexproblems.Outstandingability toevaluate ownstrengths and weakness,showingoutstanding

attributes for graduate-levelemployment.

The descriptors for the Universitys generic assessment criteria are indicated at Table 1 below. Use of the Generic University Criteria and adoption at Programme levelshouldbe readin conjunctionwiththeUniversitys AcademicRegulations.

Table1-Descriptorsofeachassessmentcriterion:

Knowledge andUnderstanding

Intellectualskills

Scholarlypractices

Enquiryandresearchskills

Professionalandlifeskills

Knowledge and

Analysis,synthesis,creativity,

Includinguseof relevantliterature,

Includingresearch-related

Includingskillsincreativity,digital

comprehensionof the

deploymentofstructured

academicwriting,academic

skills,andcommunicating

practices,workingwithothers and

subjector fieldofenquiry

reasoningsupportedby

integrity,appropriateacademic

findingsinastyleappropriate

aspartofagroup,presentation

evidence;focusontopic,critical

conventionsincludingreferencing

foragivenaudience and

skills,projectmanagementskills

reflectionanddrawing

protocolsandadherencetoword-

context

and acting oncritical reflectionof

conclusions

length ortimelimits

own practice

Title

Date

Version

Seenby

GenericUniversityCriteria14forAssessmentofTaughtProgrammes

26/02/16

1

AssessmentPolicyReviewWorkingGroup29/02/16

http://staffnet.stmarys.ac.uk/academic-services/QualityAssuranceAndProgrammeAdministrationRegistry/Pages/Academic-Regulations.aspx

* These assessment criteria are generic and apply to all discipline areas at the relevant level across the University. Each Programme supplements these with its own discipline-specificcriteria, in line with the appropriate subject benchmarks and other relevant requirements: this applies to the conferment of degrees andthe marking of individual assessment tasks.14 For descriptorsofassessment criteria refer to Table1

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