Law Assessment: problem based coursework (individual research task
Required:
This assessment task focuses on a more practical application of legal principles in business
environment (see below CASE STUDY – Continental Trade Ltd and provided questions).
Submission Date Friday, Week 22 (18 March 2016) by 3.00 PM via WebLearn
Weighting 20% weighting
Word Count: 1,000 words (the actual word count must be clearly stated)
Font: Work must be typed: Arial or Tahoma format
Font size: 12
Line spacing: 1.5
Referencing: You must reference sources used in the body of your answer. You MUST use the
Harvard method
Bibliography: Full bibliography at the end of the written work
Cases cited: In the body of the written work in bold short case reference
e.g. Eco Swiss China Time Ltd Benetton International NV Case C-
126/97
You may use a short form of the title after the first citation (in the body) e.g.
Eco Swiss
List of Cases (with bibliography) full case reference
e.g. Eco Swiss China Time Ltd Benetton International NV Case C-126/97
[2000] 5 CMLR 816
Legislation cited: Legislation e.g. Directive 2004/38 on the right of citizens of the Union and
their family members to move and reside freely within the territory of the
Member States.
You may use a short form of the title after the first citation e.g. Directive
2004/38.
Sections of
Legislation:
Sections of a statute may be quoted as follows:
Article 28 TFEU as Art.28 TFEU
Article 101paragraph/subsection 3 TFEU – as Art.101(3) TFEU
Word limit: The word limit +/- 10% is usual for courseworks and the excess will be penalised.
Markers have a discretion to deduct up to 10 percentage points from a mark where
the word limit beyond the 10% is exceeded. If markers suspect the limit has been
exceeded without accurate disclosure they will conduct a rough estimate of words
per line, lines per page and the number of pages, and give students the benefit of
the doubt if they can. If the word count is still well over/under the additional 10%
word limit, up to 10% can be deducted, depending on the amount exceeded.
Overall Quality:
The written work submitted should be clear and coherent, correct in spelling and grammar,
proficient in flow, and demonstrate professional academic standards of presentation and
style. Use of the first or second person will be severely penalised.
Page 2 of 6
Continental Trade Ltd
Continental Trade Ltd (CT) is a French organic food producer of a delicious and
healthy veggie-burger and distributor of quality fruits and vegetables to all EU
countries. The veggie-burger is sold in large quantities in France packaged as `all
organic`. CT would like to import their burgers into Germany. Germany has recently
banned the import of all non-meat based burgers after a health scare in which ten
children contracted salmonella from eating vegetable based burgers. The German
producers have been required to include warnings on their products emphasising that
the burgers must be fully heated through before eating. Additionally, German rules
require that organic products must not contain artificial preservatives. Veggieburgers manufactured by CT do not contain any artificial preservatives. According to
German standards organic products may only be sold as organic in licensed organicshops. These shops tend to be small and mainly sell locally-produced products. In
recent months the German government also imposed a higher tax on grapes and all
grapes based products. There was no justification given for this increase.
Subsequently, CT’s sells of grapes to Germany dropped by 50%.
The management of CT are considering the possibility of opening up an additional
distribution centre in a European country. In the medium to long-term, this objective
would enable them to consolidate and build upon any increase in exports. Before
this rather ambitious business objective can be realised, CT is thinking about
entering a business agreement with a distributor in Latvia who is looking to expand
its fruit distribution. CT is proposing to send a group of key employees to Latvia to
meet the Latvian distributor and establish a working relationship. The aim is to swap
business knowledge and for CT to become familiar with Latvian business practices.
Ultimately, CT would like to open their own distribution centre in Latvia.
CT’s legal advisers have been in contact with the Latvian company but there seems
to be some confusion about the relevant legal principles and whether CT can actually
send a group of employees to work in Latvia. A number of CT’s employees have
family and children of school age. At least one is married to a non-European
national.
In recent months it has been brought to the attention of the management of the CT
that WAX 10 which is used for spraying fruits and vegetables is highly toxic and has
caused respiratory problems for many employees in the UK distribution centre in St
Albans. CT did not supply their employees with any information concerning the
hazards of this wax. The management of CT are convinced that there is no legal
requirement under the UK law to provide their workers with the detail information on
this particular type wax or issue them with the protective equipment. It seems that
there is a directive adopted by the Council of the European Union that required
Member States to take measures before 20 September 2015 to ensure that
employers provide employees who handle specific hazardous substances with
sufficient information to enable them or their representatives to decide if they wish to
work with these substances at all. WAX 10 is one of the substances mentioned in
the directive. The UK government has not taken any steps to implement the
directive.
Page 3 of 6
London Brewery plc (a subsidiary of CT) is an English company that markets itself as
brewing ‘real ale’ from only the finest, natural ‘organic’ ingredients. So far its market
has been a somewhat limited, specialist and very small one in the UK, although the
quality of their product is recognised as being available from very few other British
brewers. It is now seeking to exploit a recent fashion on the continent for all things
British by expanding its outlets to France and Germany.
As a consequence, it is negotiating a distribution agreement with two other equally
small continental companies: De Grande SA and Walt GmbH, a French company
and a German company respectively. The negotiations have produced a draft
agreement that contains a list of terms to which all parties are prepared to agree.
The agreed terms include that London Brewery plc will not appoint any other
business to sell their beer in France and Germany, it will not sell beer to French or
German customers respectively, De Grande SA and Walt GmbH will not sell to any
customers outside France and Germany, will not advertise for business outside
Germany and France and will sell beer at the prices fixed by London Brewery plc.
End of case study
As the newly appointed legal advisor, you have been asked to give your legal advice
on the issues addressed in the case study and to advise some of the parties.
You are reminded that you must refer to relevant legislation and case law (EU) in
your answers and to reference sources used.
You are required to answer ONE question.
Question 1
Analyse the relevant law and advise Continental Trade Ltd whether European law will
enable them to import their goods into the German market and compete effectively
with German producers.
Question 2
Explain the relevant law and advise Continental Trade Ltd on the legal position with
regard to its employees moving to Latvia to work.
Question 3
Examine the relevant principle of EU law and advise Continental Trade Ltd as to
whether their employees have any remedies under European law in relation to the
hazards posed by WAX 10.
Question 4
Explain on the relevant law and advise London Brewery plc (subsidiary of Continental
Trade Ltd) on whether the concluded agreement with De Grande SA and Walt GmbH
complies with European law.
Page 4 of 6
ASSESSMENT CRITERIA
(Use this as a checklist before submission)
Clear explanation of the relevant law including case law
Application of the law to the case study
good structure and clear presentation
Relevant conclusions and recommendations
Appropriate references and bibliography
GRADING CRITERIA
To achieve an A grade:
i) Excellent selection and use of appropriate material relevant to the question
asked
ii) Excellent evidence of understanding of the legal issues involved in the case
study, with a clear explanation of those issues supported by relevant authority
iii) Excellent evidence of critical analysis of the issues relating to the question
asked supported by relevant authority
iv) Comprehensive coverage of the legal issues
v) Clear structure and presentation of the material in an appropriate format
vi) Clear conclusions appropriate to the question asked based upon the
arguments presented
vii) Clear recommendations, where appropriate, which are supported by the
arguments presented
viii) Evidence of wide research using appropriate sources
ix) Use of a wide variety of sources
x) Complete referencing of sources throughout
xi) Complete and correctly cited bibliography
To achieve a B grade
i) Good understanding of the question asked and of the issues raised in the
case study
ii) Good use of appropriate material relevant to the question asked
iii) Good evidence of understanding of the legal issues involved, with a clear
explanation of those issues supported by relevant authority
iv) Good evidence of critical analysis of the issues relating to the question asked
supported by relevant authority
v) Clear structure and presentation of the material in an appropriate format
vi) Clear conclusions appropriate to the question asked based upon the
arguments presented
vii) Clear recommendations, where appropriate, which are supported by the
arguments presented
viii) Evidence of wide research using appropriate sources
ix) Use of a wide variety of sources
x) Referencing of sources throughout
Page 5 of 6
xi) Complete bibliography
To achieve a C grade
i) An understanding of the question asked and of the issues raised in the case
study
ii) Use of appropriate material relevant to the question asked
iii) Evidence of understanding of the legal issues involved, with an explanation of
those issues supported by relevant authority
iv) Evidence of critical analysis of the issues relating to the question asked
supported by relevant authority
v) Clear structure and presentation
vi) Conclusions appropriate to the question asked
vii) Recommendations, where appropriate
viii) Evidence of wide research using appropriate sources
ix) Use of a variety of sources
x) Acknowledgement of sources
xi) Complete bibliography
To achieve a D grade
i) Some understanding of the question asked and of the issues raised in the
case study
ii) Use of appropriate material relevant to the question asked
iii) Evidence of some understanding of the legal issues involved, with an
explanation of those issues supported by relevant authority
iv) Evidence of some analysis of the issues relating to the question asked
supported by relevant authority
v) Clear structure and presentation
vi) Conclusion appropriate to the question asked
vii) Evidence of appropriate research
viii) Use of a number of sources
ix) Some acknowledgement of sources which are quoted or otherwise used
directly
x) Bibliography
Fail grade
i) Serious misunderstanding or misreading of the question asked and of the
issues raised in the case study
ii) Serious misunderstanding or misstatement of the legal issues. Students
cannot be given credit for authorities (legal or otherwise) which are
misunderstood or are cited in support of the wrong proposition
iii) No attempt at analysis (i.e. reproduction of the material provided)
iv) Vague, thin or nebulous answers that suggest only a superficial understanding
of the law and which are unsupported by any relevant authority
v) Lack of structure and poor presentation
vi) Brief superficial conclusion inappropriate to the question asked
Page 6 of 6
vii) Limited research
viii) No bibliography
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