Demonstrate an advanced and detailed knowledge and understanding of the law relating to trans-national contractual terms

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Assessment Information/Brief 2020-21

Module title

Advanced Contract Law and Negotiation

CRN

 

Level

7

Assessment title

Assessment 1 - Group Report

Weighting within module

This assessment is worth 50% of the overall module

Submission deadline date and time

See OnlineCampus

Module Leader/Assessment set by

Parveen Tamadon-Nejad

How to submit

You must submit 1 electronic copy of your assignment via OnlineCampus

Assessment task details and instructions

Read the attached case study (see below) AND the contract. Then write a report as instructed.

Prepare the submission according to the following requirements:

  • You must use OSCOLA as a reference style
  • The report must contain a cover page indicating the word count
  • The report must contain a bibliography at the end reporting all primary and secondary materials
  • Your report must contain an introduction, sub-sections, a conclusion, and a bibliography.

Assessed intended learning outcomes

Learning Outcomes

  1. Demonstrate an advanced and detailed knowledge and understanding of the law relating to trans-national contractual terms
  2. Demonstrate an advanced knowledge and understanding of the scope and use of transnational contracts
  3. Demonstrate particular expertise in the use and interpretation of both standard and individual negotiated terms
  4. Negotiate complex and specialist agreements with skill and expertise

Transferable Skills and other attributes

  1. Work individually to Take responsibility for solving problems and acknowledging where answers cannot be definitive
  2. Structure information and knowledge logically and ethically

Practical, Professional or Subject Specific Skills

1. Achieve specific acumen in the field of intellectual property law which will enhance the potential for employability

Module Aims

  1. To build on knowledge gained by students in English Legal Process Obligations 1 & European Union Law and Law in a Global Context
  2. To examine the substantive law within a range of scenarios involving IPR in a business context
  3. To develop in the student, skills of negotiation, problem solving and interpretation of complex legal documents
  4. To review the impact of global legal and commercial influences on the protection and exploitation of IPL

Word count/ duration (if applicable)

Your total submission including references in the main body of the work, but excluding your Reference List/Bibliography should not exceed 3,000 words

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.

You must reference all sources according to OSCOLA

The word count is 3000. There is a 10% leeway permitted if needed, thus you may exceed the word count within said 10% without incurring a penalty. For the avoidance of doubt this amounts to NO MORE than 3300 total words. If the word limit exceeds this then markers will cease considering content for the purpose of grading and feedback and award marks only on the basis of work within the stated acceptable upper limit of length. Demonstrate an advanced and detailed knowledge and understanding of the law relating to trans-national contractual terms

As a result of a penalty for excessive word length your mark will not be reduced below 40%.

In addition please also note that any false misrepresentation of the assessment word count within the required coversheet will amount to academic misconduct, and thus subject to the University academic misconduct procedure which can be found via the following link:

http://www.salford.ac.uk/                                                data/assets/pdf_file/0005/653648/AcademicMisconductProce dure.pdf

Feedback arrangements

Written feedback is normally provided three weeks after the submission deadline.

Support arrangements

You can obtain support for this assessment by engaging in the class discussions and asking questions in the dedicated forum thread.

askUS

The University offers a range of support services for students through askUS.

Good Academic Conduct and Academic Misconduct

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 require http://www.salford.ac.uk/skills-for-learning.

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. You can find out how to avoid academic misconduct herehttps://www.salford.ac.uk/skills-for-learning.

Assessment Information

If you have any questions about assessment rules, you can find out more here.

Personal Mitigating Circumstances

If personal mitigating circumstances may have affected your ability to complete this assessment, you can find more information about personal mitigating circumstances procedure here.

Student Progression Administrator

If you have any concerns about your studies, contact StudentCare at

 [email protected]

Assessment Criteria

You should look at the assessment criteria to find out what we are specifically looking at during the assessment.

40-49

Discussions relating to the issues. This will be mainly basic, descriptive, and representative with a very limited independent analysis. The discussions in conjunction with relevant case law are descriptive and involve limited levels of evaluation. Limited use and analysis of other relevant case law. The drawing of a conclusion is limited and generally lacks a coherent argument. In general, whilst the submission demonstrates an understanding of the basic concepts, it is largely descriptive with a general focus and limited use of either case law or academic commentary to reach a sound conclusion.

50-59

Discussions surrounding the question posed demonstrates a reasonable understanding of the subject. Whilst academic discussions in conjunction with relevant case law arguments demonstrate an acceptable knowledge, you have failed to develop your argument in a structured manner. Reference to primary and secondary sources are descriptive and illustrative yet raise some interesting points. The drawing of a conclusion is limited, as is the description within essay, and generally lacks a coherent argument. In general, the submission demonstrates a reasonable understanding of the key points but the analytical and evaluative aspects of the submission lack focus.

60-69

Essays in this mark range will show a good understanding of the question posed. An academic discussion in conjunction which demonstrates a good knowledge of the key points and there is a constructive use of primary and secondary sources. The conclusion includes some good points and reaches a balanced conclusion. In general, the submission demonstrates a good understanding of the subject with relevant primary and secondary sources. Demonstrate an advanced and detailed knowledge and understanding of the law relating to trans-national contractual terms

70 +

A discussion relating to the current position of the law in this area demonstrates an excellent understanding of the main concepts.

Academic discussions in conjunction with the use of relevant case law demonstrates an excellent knowledge of the key points and includes a constructive use of primary and secondary sources. The conclusion includes some excellent points and includes some excellent commentary which discusses the main issues. In general, the submission demonstrates a detailed and excellent understanding of the subject.

In Year Retrieval Scheme

N/A

Reassessment

If you fail your assessment, and are eligible for reassessment, you will need to resubmit. For students with accepted personal mitigating circumstances, this will be your replacement assessment attempt.

Case study

Is this a good contract for us?

HEALTHY PLC is a public company which owns more than 50 medical clinics across the United Kingdom. The clinics provide medical services to the public, including diagnostic tests such as blood tests, CT scans and MRIs. It has a large market share and is a key player in the medical clinics market. HEALTHY PLC already has MRI scanners in its clinics but it would like to replace the existing scanners in its flagship clinics with the latest state- of-the-art MRI scanners so that it can set itself apart from its competitors.

MEDIQUIP Ltd. is a medium-sized company which supplies medical equipment and also provides maintenance services for the equipment it supplies. MEDIQUIP Ltd. mostly manufactures the equipment itself but it uses sub-contractors to produce some of the parts for the production of MRI scanners. As MEDIQUIP Ltd. provides both the equipment and their maintenance, it can sell its equipment at a price which is 30% cheaper than its next competitor because it can make a substantial amount of profit on the maintenance services that it provides after sale. In order to make a profit, MEDIQUIP Ltd. needs to provide maintenance services for a minimum of 2 years.

HEALTHY PLC would like to enter into a contract with MEDIQUIP Ltd for the provision of 10 MRI scanners for use in its clinics. MEDIQUIP Ltd. will supply the MRI scanners and install them. MEDIQUIP Ltd will also be responsible for maintaining the MRI scanners after they have been installed. The contract is worth £50 million pounds. MEDIQUIP Ltd. is keen to enter into a contract with HEALTHY PLC because it is such a high value contract. It is also aware that HEALTHY PLC is an important company in the market and therefore as an added bonus, MEDIQUIP Ltd. would like to have the opportunity to promote its business by publicising its contract with HEALTHY PLC and using HEALTHY PLC’s logo on its website to show that it is a supplier to HEALTHY PLC.

You are the members of the in-house legal team for HEALTHY PLC. You have been asked by the Finance Director of HEALTHY PLC to attend the next board meeting in order to discuss the enclosed draft contract that has been provided by MEDIQUIP Ltd. The Directors have limited time in the board meeting and so the Finance Director has asked that you produce a briefing in advance of the meeting on the below to enable the directors to understand:

1– The type of contract at hand, with a description of how it is regulated under English Law; (15 marks)

2– HEALTHY PLC’s bargaining position and whether the contract is equitable or favours one of the parties; (15 marks)

3– the key contract clauses that the board of HEALTHY PLC. should focus on and the associated risks in respect of each of these clauses (40 marks)

4– any suggested amendments (clearly drafted in the briefing) you would recommend for each of the key clauses in order to achieve a more favourable position for

HEALTHY PLC; and (30 marks)


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