International Trade Payments and Law
Coursework – Examination question plans
This is the final assessment artefact for this unit
Your assignment is to write a plan of an answer to two of the following questions. ONE of plans should be to a question in Section A and ONE of the plans should be to a question in Section B. Your examination question plans should demonstrate what you would include in a 1500 word answer to the questions.
Each examination question plan should be on a separate sheet of paper.
SECTION A
Write a plan to ONE of the following two questions. You should indicate the main concepts you use to answer the question and their definition, the examples you would include in your answer and their sources.
Either:
1- The Multi-fibre Agreement (MFA) has been in existence for a little longer than 30 years and is the main instrument to regulate international trade flow of textiles. Explain how the agreement is functioning and its economic consequences.
Or:
2- Should China participate in more Free Trade Agreements (FTA)? Explain the possible benefits and problems for China resulting from its participation to FTA. Use current examples.
End of Section A
Please turn over for Section B
SECTION B
You should write an exam plan which deals with each of the issues shown in italics in ONE of the following two questions in this section. You should indicate reasons for your answers and where appropriate give legal authority for them.
Either:
1. On 1st September 2011 Sebastian agreed to sell a “Quantum Quark Accelerator” to Bruno CIF Adelaide, payment against documents. Bruno agreed to arrange a letter of credit for the price, to be issued by Finance Bank PLC. There was no mention whether the letter of credit was to be irrevocable or not, nor whether it was to be confirmed of not. Sebastian and Bruno agreed that the goods would be shipped during January 20012.
Will the credit have to be irrevocable and confirmed?
On the same day Sebastian entered into an, identical contract with Bruno except that the port of discharge is Bergen. On 1st February 2012, Bruno instructed Intelligent Bank PLC to open two irrevocable credits in favour of Sebastian
What options does Sebastian have at this point?
Intelligent Bank PLC appointed Calypso Bank PLC to advise Sebastian that these letters of credit had been opened. The credits do not say whether they are revocable or irrevocable. Each credit states that payment is to be made against a clean bill of lading, a policy of insurance, an export licence, and a commercial invoice. Each of the credits is stated to be subject to the terms of the UCP 600 and that English Law applies.
On 2nd February, Calypso Bank PLC advises Sebastian that the credits have been opened and adds its confirmation to the Bergen credit. Sebastian ships the goods for all three contracts on 5th February.
Is Sebastian in breach of contract for despatching outside the shipping period?
What duties does Calypso Bank have in relation to the Adelaide credit and the Bergen credit?
Sebastian tenders a clean bill of lading for the Adelaide shipment along with the other documents. The Calypso Bank PLC examines the documents and accepts them and pays Sebastian. The Bank does not notice that shipment was outside the shipping period.
What are the legal consequences of accepting these documents for Calypso bank?
Sebastian tenders a clean bill of lading for the Bergen contract along with the other documents. The bill of lading describes the goods as “Strange Quark Accelerator”. The Bank refuses to pay. “Strange Quark Accelerator” is just another name for a “Quantum Quark Accelerator”.
Is the bank legally permitted to refuse to pay Sebastian?
Please turn to page 3 for the second question in this Section.
Or:
2. Bold agreed to buy 100 tons of apples from Steve, FOB Liverpool. Bold agreed he would arrange shipping and agreed to give Steve 10 days notice of loading. Bold only gave Steve 6 days notice that the goods were to be loaded in a ship called the “Spartan”. Steve had to pay his workers extra money to make sure that the apples reached the ship by the time Bold had said.
Did Steve have to continue with the contract when Bold only gave him 6 days’ notice?
Can Steve recover the extra costs of paying his workers?
Steve got the apples to Liverpool a day later than Bold had said but the Spartan was not ready to load on that day. The apples were left at the docks for another 15 days before they were loaded on a different ship, the “Fuji”. As the apples were being loaded Bold noticed that some of them were very ripe so that they might be rotten by the time they arrived at their destination. Steve says this is because of the delay in loading the apples. Bold thinks it may be because the apples were not kept cool by Steve as he hurried to load them.
Advise Bold on his legal position.
Steve also sold apples to Bingo, FOB. Under the terms of the contract Steve would arrange carriage but Bing must pay. Steve arranged carriage in a ship called the ‘Jonathan’ which would load the apples on 1st August. Steve told Bingo the name of the ship and that date of loading. A little later the carrier called Steve and said he could load on 20th July on a ship called ‘Granny Smith’ if this was easier for him. Steve agreed with the carrier that he would load the apples on 20th July on the ‘Granny Smith’. The apples were loaded on the Granny Smith but two days after setting sail the ship sank.
Advise Bingo on his legal position.
End of Section B
Please turn over for the assessment criteria which will be applied to this assignment
Assessment Criteria for Section A
Your examination question plan will be assessed to determine the extent to which, if it were used as the basis of a full 1500 word answer that answer would demonstrate the following characteristics:
· knowledge and synthesis of the relevant theoretical models, methodologies and issues
· critical evaluation and informed argument accurately supported by evidence
· originality of thought and analytical skill
· structure and clarity of presentation.
You should take care to ensure that both the arguments and the cited examples you indicate you would rely on are relevant to the question set (citation of references is not, of itself, evidence of your having fully understood the material to which you are alluding). To enable you evaluate your performance, here is a quick guide as to the assessment criteria for essays on economic topics at level 5:
70%+: well presented, displaying an excellent understanding of the subject matter. The arguments are clearly constructed and supported by appropriate material from the research literature. There is evidence of originality of thought and analytical skill.
60-9%: well organised and clearly presented displaying a sound understanding of central issues. The arguments are supported by relevant reference to the research literature. The essay contains no significant errors
50-9%: well-organised, displaying understanding of the main issues. There may be a few, minor errors or poorly expressed ideas. There may well be a significant dependence on lecture notes and/or textbook material.
40-9%: poorly constructed, displaying flaws in understanding of some of the material. There may be some omissions or inaccuracies. The essay may not be fully focused on the question asked. There is little evidence of supporting research.
39% or less: The answer is not sufficiently related to the question set, is too short or too general to merit a pass mark. There is minimal understanding of the main issues and limited or no evidence of supporting research. There are various omissions and errors. The essay is unfocused and fails to answer the question.
Please turn to page 5 for the assessment criteria which will be applied to Section B.
Assessment Criteria for Section B
Your examination question plan will be assessed to determine the extent to which, if it were used as the basis of a full 1500 word answer, that answer would demonstrate the following characteristics:
? comprehensiveness and accuracy;
• clarity of argument and expression;
• integration of a range of materials;
• evidence of wider reading;
• insight into the theoretical issues
You should take care to ensure that both the arguments and the authorities you indicate you would rely on are relevant to the question set (citation of references is not, of itself, evidence of your having fully understood the material to which you are alluding). To enable you evaluate your performance, here is a quick guide as to the assessment criteria for answers to problem questions on legal topics at level 5:
80+
As below plus:
Excellent work – contains accurate, relevant material and shows analysis, originality or creativity of approach and a clear, well-articulated understanding of the subject matter.
Wide research incorporating up to date, relevant original material with proper citation and referencing of primary and secondary sources. The answer has a thoughtful structure, a clear message displaying personal reflection informed by wider reading of articles and/or other commentaries and a good grasp of detail (as evidenced by the choice of relevant examples which are well integrated into the answer’s structure).
70-79
As below plus:
Very good work – contains accurate, relevant material, which is clearly written, well-argued and covers the subject matter in a thorough, thoughtful and competent manner. Contains some originality of approach, insight or synthesis.Good evidence of research and good use of source material. Uses and presents references effectively with proper citation of relevant legal authorities. Excellence in one or more of the areas identified above should be in addition to the qualities expected of an upper second class answer. Typically, a first class answer will spot points not seen by the majority of students.
60- 69
As below plus:
A very good, well presented piece of work covering much of the subject matter and which is clearly and lucidly written. Good attempt to consider and evaluate the material presented.Evidence of research in the topic area and good use and presentation of references including citation of most of the relevant legal authorities.An upper second class answer generally shows a sound understanding of both the basic principles and relevant details of the law, supported by examples which are demonstrably well understood and which are presented in a coherent and logical fashion. One essential aspect of an upper second class answer is that it must have competently dealt with the question asked by the examiner. In problem questions – i) all the major issues and most of the minor issues must have been spotted; ii) the application of the legal rules must be accurate and comprehensive, iii) the application of the legal rules must be coherent; iv) there should be a conclusion that summarises the legal position of the relevant parties.
50- 59
As below plus:
Work that attempts to address the topic with some understanding and discussion, key aspects of the subject matter covered.Evidence of research in the topic area extending beyond key texts.Satisfactory citation and referencing of sources, which includes some use of relevant legal authorities.Satisfactory presentation with respect to structure, use and flow of language, grammar, spelling and format.The majority of students might normally be expected to fall within this range.In problem questions – i) some of the key issues must have been spotted; ii) the explanation of the legal rules must be reasonably accurate, iii) there must be some attempt to apply relevant legal rules iv) there should be a conclusion that seeks to identify the legal position of the relevant parties.
40-49
Adequate work that attempts to address the topic and demonstrates some understanding of the basic aspects of the subject matter.Some research using texts and relevant legal authorities. Attempts to use and present references in the appropriate manner. A satisfactory attempt to follow directions regarding structure, use and flow of language, grammar, spelling and format.In problem questions there must be identification and explanation of some of the relevant legal rules and some attempt to apply to those rules to the legal position of the relevant parties. Typically, there may be a lack of reference to relevant authorities or over-reliance on the detailed facts of previously decided cases.
30-39
FAIL Work in this range attempts to address the question/problem but is substantially incomplete and deficient. Serious problems with a number of aspects of language use are often found in work in this range and the work may be severely under/over length and/or fails to grasp the nature of the subject matter. Content, analysis, expression, structure and use of sources will be very weak or missing.
<29
FAIL No serious attempt to address the question or problem, and/or manifests a serious misunderstanding of the requirements of the assessment. Acutely deficient in all respects.
Due Date: Your examination question plans, each on a separate sheet of paper each with your student number should be handed in to the Undergraduate Centre in Richmond Building no later than 14th January 2013. Remember to attach the appropriate front sheet – these can be obtained from the Undergraduate Centre.
Word Limit: 500 words for each examination question plan excluding footnotes and bibliography. The word count should be stated on the university front sheet. Failure to state a word count will result in a 5% penalty. A falsely stated word-count is an assessment office which may result in a penalty, including the reduction of the mark to 0%. Note, that footnotes should be used to reference sources only. Examiners are free to disregard footnotes that contain inappropriate information or information that should belong in the main text. Coursework that is more than 10% over the word limit ((i.e. more than 550 words for a plan) will result in a 10% penalty for that plan.
Referencing: Students must reference sources.
Plagiarism: Students are reminded of the need to avoid plagiarism. The University Regulations describe plagiarism as:
the incorporation by a student in work for assessment of material which is not their own, in the sense that all or a substantial part of the work has been copied without any adequate attempt at attribution, or has been incorporated as if it were the student’s own when in fact it is wholly or substantially the work of another person or persons.
Any student suspected of plagiarising will be referred to the Head of Department and an Academic Misconduct Hearing will be arranged. Students should ensure that all sources are fully cited in footnotes and in the bibliography and that indentation or quotation marks (as appropriate) are used when quoting. Failure to include a bibliography will result in a 5% penalty, unless the lecturer/tutor has advised you that a bibliography is not required.
Electronic Copy of Work: Students should retain an electronic copy of their coursework, so that it may be checked by a member of staff should a member of staff feel the need to do so. Tutors are entitled to request an electronic copy of coursework if they have any doubt about the accuracy of the stated word count and/or any suspicion of plagiarism. Failure to send an electronic copy of the coursework to a member of staff who has asked for a copy may result in a penalty.
If any student has a query about any of the above matters and wishes to obtain clarification or further information please contact:
In relation to Section A:
Sami Bensassi Phone: 023 9284 4091 Email: [email protected]
In relation to Section B:
Greg Osborne Phone: 023 9284 4045 Email: [email protected]

International Trade Payments & Law
Law of International Trade Element
Lecture 9 Material Guidance on 500 word essay plan.

Sample Question
If we imagine the assignment were the problem set out below let us see how we might produce a plan to answer it.
Stephan agrees to sell 50,000 litres of high quality olive oil from his farm in Spain to Bruno. The terms of the sales contract are CIF Bristol. Shipment is to be made in January 2012. The terms of the contract expressly say that English law is to apply.
Stephan arranges for the shipment of the goods from Spain to Bristol. Stephan sends a fax to Bruno saying that the name of the vessel is ‘La Bonne Chance’. In fact the olive oil is loaded on 12th January 2012 aboard The Good Luck. The bill of lading, correctly names the vessel as The Good Luck. But the bill of lading incorrectly gives 17th January 2012 as the date of shipment.
Bruno takes delivery of the olive oil when it arrives in Bristol but discovers that it is not “high quality”. By the time that the shipping documents arrive the price of olive oil has gone down. Bruno then discovers that the true date of shipment was 17 January 2012

Bruno would like to reject the olive oil – advise him
Initial Comments
I think bullet points are a good way to tackle an assessment like this because law problems (unlike economics essays) usually consist of a large number of comparatively short points – the skill is spotting the points and explaining them quickly.
Obviously you don’t need to use bullet points if you don’t want to.
Almost all of the material in this answer comes from the Unit handbook or from the sale of goods act which is available on line, only footnotes 13 & 14 come from a text book. The key to this exercise is being able to analyze the problem – spot the points of law and demonstrate how the law would deal with them.
This is what my essay plan would look like. Notice I do not always write in complete sentences – this is fine so long as the meaning is clear.
Sample plan
• Breach of a condition entitles the innocent party to repudiate the contract so he has no further duties. If Bruno is lawfully to reject the oil he must show Stephan has committed a breach of a condition.
• Buyer has a duty to pay as stipulated in the contract and accept the goods if they are of satisfactory quality and if they and the documents correspond with their description in the contract . Breaches of the duty in relation to quality and correspondence are breaches of condition so Bruno must show Stephan has broken either of these duties
• Bruno has possession of the goods. Carrier should not release the goods without a bill of lading being tendered by the person claiming them. Probably Bruno has accepted the bill of lading from Stephan and used it to obtain possession.
• The fact that Bruno may have accepted the documents does not prevent him from rejecting the goods.
• Unless agreed otherwise in CIF, payment is against conforming documents – the seller has delivered both the goods (on loading) and the documents . So Bruno has probably paid Stephan. If he lawfully repudiates the contract he can recover his payment plus interest plus costs from Stephan

• Dealing with the goods
• If ‘good quality’ is part of the description of the goods Bruno can reject the goods as they do not conform to the contractual description.
• ‘Good quality’ is probably not to be part of the description – the words do not identify the goods – they seem to describe its quality. Compare Bowes v Shand – date of shipment part of description because the date identified the goods with Rearden & Smith Lines v Hansen Tangen – place of manufacture not part of the description. Compare though Arcos v Ronaason – dimension of goods a description (seems to be a quality of the goods).
• If the words are not part of the description, Bruno can seek to reject the goods if they are not of ‘satisfactory quality’.
• [G]oods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.’
• Unclear whether goods unsatisfactory.
• Dealing with the documents
• Cif seller owes duty that Bol is accurate – implied term is a contractual condition.
• If Bruno has accepted the bill he must rely on his remedy of damages.
• Cannot claim if bol reveals true shipping date elsewhere in its text.
• Kwei Tek distinguishable because true shipping date was outside shipping period – here B would have had to accept the bill even if it was accurate – so suffers no loss through S’s breach.
• Cif contract does not require seller to tell buyer the name of the ship – so change of ship irrelevant (cf Fob).
• Conclusion
• If B has accepted the goods he loses right to reject them– consider what amounts to loss of right to reject especially retention for a reasonable time without rejecting and the right of examination.
• But if B has accepted the goods he can still repudiate the contract if he has not accepted the documents and they are non conforming.

Bibliography
[Include here any books you have considered. You don’t need to put the Unit Handbook here but any other material you referred to should be included. I only used on book so I’ll put that in my bibliography. Don’t forget the bibliography does not count towards the word limit.]
Jason Chuah, The Law of International Trade (4th edn, Sweet & Maxwell 2009).

 
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