Assessment Brief
As part of the formal assessment for the programme you are required to submit a International Commercial Law assessment. Please refer to your Student Handbook for full details of the programme assessment scheme and general information on preparing and submitting assignments.
Learning Outcomes
After completing the module, you should be able to:
- Critically understand the nature and framework of international commercial law.
- Distinguish between different types of commercial contracts and relate appropriate criteria to determine the relevant available protection.
- Identify and apply the relevant law to complex problem scenarios.
- Show a confident understanding of the commercial practicalities of available remedies and put forward reasoned proposals.
Graduate attributes: Responsible Global Citizenship - Understand global issues and their place in a globalised economy, ethical decision making and accountability. Adopt self-awareness, openness and sensitivity to diversity in culture.
Questions
Question 1 – Essay Question.
In RM Goode, ‘Commercial Law in an International Environment: Towards the Next Millennium’, Commercial Law in the Next Millennium (1998), pp 96–104 it is stated that: “[O]ver time the delays and expense associated with litigation led to the growth of commercial arbitration. This was seen as fast, flexible, informal, private, relatively inexpensive and conducive to finality. This is still true of a considerable amount of arbitration, particularly in the commodities field. But it has to be said that much commercial arbitration has become almost indistinguishable from litigation. Arbitral proceedings, particularly with a three-person tribunal in an international arbitration, can be very protracted and a good deal more expensive than litigation.”
Question 2 – Problem-based Question
Carpets of the World (CoW) Ltd is based in Scotland and sells prime quality textiles made with Shetland wool. They are in a contractual relationship with Comfy Homes (CH), an international company, based in Spain, who has been purchasing textiles from CoW since 2006, when CH was firstly created. With the textiles provided by CoW, CH is manufacturing carpets which are then sold to private consumers and companies. Because of severe financial difficulties, CH is now being dissolved and as a result has not paid for the last bulk of textiles supplied by CoW
