Introduction to the English Legal System
Discipline: Law
Type of Paper: Coursework
Academic Level: Master's
Paper Format: APA
Question
INTRODUCTORY ASSIGNMENT
Postgraduate Diploma
in International Maritime
Law 2022 - 2024
Subject: Introduction to
the English Legal System Number of Credits: 4 EC
This assignment has two parts: Part A and
Part B. Both parts must be answered. Each part carries 50% of the marks.
PART A (Word limit:
1, 250 words)
Topic: A dispute has arisen
between Shifters Ltd. (“Shifters”) and Rocktrades p.l.c. (“Rocktrades”). Shifters
is a company that provides
sea-going barges for hire. Rocktrades is a company specialising in the
transport of minerals. Both companies are based in the United
Kingdom.
Rocktrades secured a contract to remove a large quantity
of powdery chalk from the cliffs of Dover (U.K.)
and transport it to Calais
(France). To fulfil this contract, they wished to hire a sea-going barge.
They were quoted
a price by Shifters in a letter which stated the carrying capacity of
the barge in weight but made no mention of its carrying capacity
in terms of volume. Subsequently, at a meeting,
Rocktrades asked Shifters’
representative, Sharon, about the carrying capacity of the barge in
terms of volume. Sharon quoted a figure which
was based on her honest recollection of the figure stated in the ship’s
documents. In reliance on this figure,
Rocktrades hired the barge, signing a written contract which contained no reference
to the capacity of the barge in terms of volume.
It turned out that Sharon’s memory had not served her right in respect of
the figure stated in the ship’s documents,
so her statement about the volume of the barge was wrong. The barge’s true
volume was very much less than the figure she quoted. As a result
of this, Rocktrades had to make many more trips from Dover to Calais than they had anticipated, and
lost money on their contract to ship the chalk. They now wish to claim damages from Shifters.
Shifters have told Rocktrades that there is an international convention
which makes Rocktrades’ activities illegal,
and that the law will not allow them to profit from their wrongdoing. The
Convention to which they refer is the Cliff
Heritage Treaty*. This was drafted
by the International Society for the Preservation of Pretty Coastlines*, in the wake of international
concern about environmental damage caused by quarrying. Under the Convention, international transportation of minerals
quarried from coastlines is prohibited. The Convention has been ratified
by a large number of
countries, but not by the
United Kingdom.
* fictional
The marks for this section are not
divided equally between the three questions, but are awarded for overall merit
Answer all three questions:
1.
Can Rocktrades claim damages from Shifters for breach of contract?
2.
Do Rocktrades have any additional or alternative cause
of action against Shifters for their loss of profit
on the contract?
3.
Are Shifters correct in their belief that the Cliff
Heritage Treaty will apply and what impact
could it have to the claim?
PART B (Word limit: 1, 250 words)
Critically analyse the extent to which it could be argued that the courts rely on policy considerations when determining cases.
* * *
Submission
Submissions of the assignment shall be made electronically via the
Turnitin inbox. Full details of how to do this is available on the course website.
Plagiarism checks are done in Turnitin. Submitted assignments will be scanned for plagiarism and the results
reported to the assessor.
Submit as a
Word document. Use Arial 11 pt. or Times New Roman 12 pt., and 1.5 line spacing
for the text and single line-spacing for the List of References.
The time of
submission will be recorded and reported to the assessor. Assignment submitted
after the deadline will be marked down in accordance with academic
policy.
Reference your work by footnotes
at the bottom of each page, and a full bibliography at the end. References in the footnotes and contents in the end bibliography do not count towards the word limit.
Footnotes should not be used for additional discussion.
Commentary in the footnotes will not be read and will not be considered as part of your argument.
Maximum number
of words, excluding
any title page,
table of contents,
and list of references:
2 x 1,250 words. Words in excess of the limit will not be assessed.
The WMU
Reference Guide to Assessments and Examinations must be taken into
consideration for all assignments.
Submitted work will be assessed on the basis of the WMU marking descriptors
applicable to assignments.
