東英吉利大學(xué)法學(xué)課程作業(yè)要求UNIVERSITY OF EAST ANGLIA :COURSEWORK TITLE
Assignment:essay任務(wù)
On July 1, 2011, Epsilon Ltd. in London agreed to sell to Nada Import Co (NIC) in Egypt 10,000 metric tons of US organic grade A soyabean ‘fair average quality of the season’, on CIF terms. Shipment was to be made during the month of November 2011 and payment of £300 per metric ton was to be made at sight by confirmed irrevocable letter of credit. Nothing further was stated in the contract of sale as to the documents required but the contract specified that quality issues would be addressed by reduction in price and would not entitle the buyer to terminate the contract.2011年7月1日在倫敦，ε有限公司同意出售給納達(dá)進(jìn)出口有限公司（NIC）在埃及10,000噸美國有機(jī)級?大豆的公平賽季的平均質(zhì)量，在CIF條款。運(yùn)費(fèi)是在2011年11月，支付每公噸300英鎊的即期信用證保兌的，不可撤銷的信用證。留學(xué)生法學(xué)essay沒有進(jìn)一步指出，在銷售合同所需的文件，但合同規(guī)定的質(zhì)量問題將通過降低價(jià)格和買方有權(quán)終止合同。
On October 29, 2011, Epsilon was notified by Mega Bank, London, that a letter of credit had been opened on the account of the State Bank of Egypt in Cairo and this had been confirmed by Mega Bank. The notification stated that the Uniform Customs and Practice on Documentary Credits applied and that the credit was available at the counters of Mega Bank until December 10, 2011, and that Mega Bank would pay at sight after acceptance by them of the following documents, to be delivered within 15 days of shipment:2011年10月29日，Epsilon的通知兆豐國際商業(yè)銀行，倫敦，信用證已開在開羅的埃及國家銀行的賬戶上，這已被證實(shí)由兆豐國際商業(yè)銀行。通知說，對跟單信用證統(tǒng)一慣例及信用兆豐國際商業(yè)銀行的柜臺(tái)，直到2011年12月10號(hào)，和，兆豐國際商業(yè)銀行將支付下列文件接受他們的視線后，要交付裝運(yùn)后15天之內(nèi)：
Signed invoice (in triplicate) for 10,000 tonnes US organic grade A mixed soyabean at £300 PMT, CIF Alexandria/Abu Qir, Egypt indicating contract no. 091CDINT807Y;已簽署的發(fā)票（一式三份）為10,000噸美國有機(jī)在300英鎊PMT，CIF亞歷山大/ ABU QIR，埃及注明合同沒有A級混合大豆。
A full set of clean on board bills of lading stamped freight paid evidencing shipment during the month of November 2011 to port Alexandria/Abu Qir, Egypt;全套清潔的對提單加蓋運(yùn)費(fèi)，董事會(huì)票據(jù)的支付證明裝運(yùn)端口，埃及亞歷山大/ ABU QIR 2011年11月期間
A certificate of quality attesting that the goods were ‘fair average quality of the season’ signed by experts from the Nebraska Soyabean Council;
A certificate of United States origin;
An insurance certificate for 115% of the contract price;
Goods must be shipped in export standard packing/container.
Epsilon is unhappy with the letter of credit as advised, not least because there has recently been some press speculation regarding the financial stability of the State Bank of Egypt. It is considering repudiating the contact of sale with NIC and has asked you for advice as to whether it is justified in doing so and, if so, what damages Epsilon could claim against NIC. Also advise Epsilon what the consequences will be if it decides to accept the credit as advised in terms of performance both under the letter of credit and under the sales contract.#p#分頁標(biāo)題#e#
In giving your advice you may assume that English law applies.
Marks awarded: 25%
Epsilon decided to accept the letter of credit as advised, and placed an order for the supply of soyabean with Nebraska Organosoya Inc., a major US producer. Nebraska Organosoya Inc. delivered the soyabean to Epsilon at its US warehouse and handed over a certificate of quality signed by ‘Jim-Bob Cornhusker’. The certificate of quality was on National Soyabean Council Headed notepaper. On November 20, Epsilon shipped the soyabean on the mv Parchim headed to the Port of Alexandria, Egypt and 10 days later tendered the following documents to Mega Bank:
A signed invoice (in triplicate) for ‘10,100 tonnes US organick grade A soybean, “fair, middling, quality”, CIF Alexandria/Abu Qir, Egypt under contract no. 091CDINT807Y price £3,030,000’;
The certificate of quality signed by Jim-Bob Cornhusker;
A set of three bills of lading, stamped ‘freight pre-paid’, evidencing shipment of US mixed soyabean on the Parchim on November 20, 2011 to Port of Alexandria under contract no. CLC7462;
A certificate of Nebraska origin;
An insurance policy for £3,450,000 dated after the shipment date, but stated to cover “warehouse to warehouse”.
Three days after receipt of the above documents, you are approached by Mega Bank and asked to advise whether it is obliged to accept the documents presented. In addition to the information above, you are informed that the Nebraska Soyabean Council is a constituent member of the National Soyabean Council and that as a general commercial practice all certificates of quality are issued on the headed notepaper of the National Soyabean Council. You are also informed that anyone working in the soyabean trade would recognise ‘soyabean’ and ‘soybean’ as the same thing.
In advising Mega Bank you should ensure that you give clear reasons for your recommendation whether it should accept the documents or not, and the consequences of accepting a non-complying presentation. You should also advise Mega Bank as to the appropriate actions it should take (and why), including timeframes, should it decide to reject the presentation.
In giving your advice you may assume that English law applies to all aspect of the relationship.
Marks awarded: 75%
Format
Coursework should be presented anonymously (registration number only) in the standard format as follows, in Microsoft Word/Works:
Font Size: 12 Point
Font Type: Times New Roman
Line Spacing: 1.5
Left and right hand margins: 1.25”
Top and bottom margins: 1”
Coursework Assessment Criteria
Please refer to the generic Marking Criteria in the Postgraduate LAW Student Handbook.
In writing your coursework, you should be aware that you will be assessed by reference to the extent to which your answer meets the following criteria:#p#分頁標(biāo)題#e#
1.Identification of relevant issues;
2. Identification and application of substantive subject knowledge to the question asked;
3. Capacity to make logical and sustained arguments;
4. Ability to illustrate and justify arguments and conclusions by reference to appropriately chosen source material;
5. Demonstration of ability to structure and organise work in a clear and coherent way;
6. Evidence of wide reading and research;
7. Clear and accurate expression and writing concisely to the word limit;
8. Use of appropriate and consistent referencing.
Referencing
Your coursework should clearly distinguish between your original words and ideas, and those of others. When referring to the work of others, from books, journals or any other source (including the internet), it is essential that you make this clear by acknowledging your source and referencing correctly. Failure to reference correctly will lose you marks and may constitute plagiarism or collusion.
You should make use of the Oxford system of referencing, OSCOLA. Full details of its requirements can be found here: . A useful short guide is here:
University Policy on Plagiarism and Collusion
It is important that all students familiarise themselves with the rules and regulations regarding plagiarism and collusion. Understanding these rules will help you to avoid plagiarism, and to maintain the quality of your academic work.
The current rules and regulations can be found at:
The link contains the following sections:
Understanding Plagiarism
Key Academic Skills
UEA's policy on Plagiarism and Collusion
Individual study skills support and advice on referencing is also provided by the Learning Enhancement Service at the Dean of Students Office.
You may be requested to provide a digital copy of your coursework (after an initial examination of the hard copy by the coursework assessors) for use with plagiarism detection software. Instances where plagiarism is suspected will be investigated. Students who are found to have plagiarised will be penalised.
In proven cases offenders will be punished and the punishment may extend to degree failure, temporary suspension or expulsion from further study if the case comes before a Discipline Committee of the University.
Word limits
One of the assessment criteria for this coursework is a requirement to write to a specified word length (see above) as it is an important professional skill for any aspiring lawyer. You must state the word count accurately on your cover sheet. Up to 10% of the marks have been reserved for successfully demonstrating that you achieve this criterion. This means, in other words, that up to 10% of the marks might be deducted if you exceed the stated word limit.
The word length for coursework shall include footnotes/endnotes but excludes front sheet, contents page, bibliography and/or list of cases. For the avoidance of doubt, your bibliography should list/collate only the material you refer to in your substantive piece (i.e. your references); it is NOT a list of all the material you have read in order to construct your answer.
Coursework Deadlines
All coursework must be submitted by 23:59 on the specified date following instructions below. Failure to submit on time without an approved extension will result in a penalty for late submission.
Electronic submission is possible in this module.
Students will be able to submit coursework electronically from two weeks before the deadline, using a link from the eVision page. There is a separate document with instructions for electronic submission, available from a link on the Assessment and Awards box of eVision. For those items of coursework set up for electronic submission, students will have up until 23:59 on the deadline day to submit their work via eVision, but students are advised not to leave it to the last few minutes just in case they encounter any upload problems. Electronic submission will be by PDF, with a maximum file size of 2MB. Printing will be in black and white – if students wish to submit their coursework in colour, they should print off a coversheet and submit the coursework in hard copy via the Hub.
Submission will be managed through SITS. Submission details will be displayed for you on your eVision page, in ‘Assessment and Awards’. This will show all assessments for all modules you are enrolled on for the current academic year, and will give further details for those items which require submission including the ability to print a coversheet.
Please ensure that you know the specific location of the submission drop-box (if hard copy submission is being utilised) in advance of your deadline. The Hub drop box will be open up to 22.00. During semesters, an out-of-hours drop box will be available in the Library, for hard-copy submissions from 22:00 – 23:59 Monday to Thursday.
Work submitted after the published deadline must be submitted at the reception desk of the Hub, during office hours (08:00 am – 18:00 Monday to Friday). Students will receive a date/time receipt for any such submission.
Please note that the deadline represents the last time that a piece of work can be submitted, and not a target. You are advised to plan ahead, and submit work well in advance of the deadline. This will help to ensure that any last minute delays do not result in late submission.
Extensions to coursework deadlines
In exceptional circumstances, a request for an extension to a deadline for the submission of work for assessment may be submitted. Requests for Coursework Extensions should be submitted to Michele Pavey the PGT Coordinator in the Learning and Teaching Service Hub, prior to the deadline, on a University Extension Request Form, together with appropriate supporting evidence.
Extension requests can be submitted on the following grounds:
Medical (subject to a doctor’s note)
Serious personal issues (subject to supporting evidence)
Extension requests will not be considered for the following:
Poor time management
Transport or parking delays
IT problems (unless evidence can be provided from an IT technician)
Medical or personal circumstances that are not accompanied by supporting evidence
You should plan your work so that minor delays do not prevent submission on time. In all cases, you should ensure that you make regular backup copies of all coursework in progress.
Where extenuating circumstances prevented you from applying for an extension in advance of the deadline, work submitted after the deadline should be accompanied by a completed University Extension Request Form. Allowance will be given for acceptable extenuating circumstances and in such cases penalties for late submission will not be applied.
Extension requests will be considered by the Senior Administrator in those instances where acceptable extenuating circumstances exist and the request is submitted before the deadline. The designated member of academic staff in the School will consider all other requests.
Penalties for late submission
If you submit coursework after the published deadline, without an approved extension, the following penalties will apply:
Work submitted Marks deducted
on the day following the due date 10 marks
on either the 2nd or 3rd day after the due date 20 marks
on the 4th day after the due date and before the 20th day after the due date. all the marks the work merits if submitted on time (i.e. no marks awarded)
After 20 working days work will not be marked and a mark of zero will be entered
Saturdays & Sundays will not be taken into account for the purposes of calculating marks deducted
