LL5306 Commercial Law Assessment Coursework Brief 2026 | Kingston University

Kingston University LL5306 Assessment Brief

Law Department

PURPOSE OF THIS ASSESSMENT / WHAT IS EXPECTED

This is a research based assignment aimed at evaluating your knowledge and understanding of the principles of sale of goods, law of agency, and force majeure.

WORD COUNT

2,000 words

The word limit outlined above is the maximum allowed. There is tolerance of +/- 10%. If you are more than 10% over or under the word limit, the mark awarded may be significantly affected.

Your total word count must be stated at the end of your submission.

The bibliography and footnotes do not count as part of the maximum word limit.

WRITING CONTENT AND STYLE

You are permitted to use all primary and secondary sources.

Be careful with internet sources – random sources found by using Google and other search engines are often of very poor quality and are no substitute for proper academic sources.

All sources should be appropriately footnoted or otherwise referenced, following the OSCOLA referencing system.

A bibliography must be included.

NOTE that work should be typed in 12-point font, Times New Roman or Arial, double spaced, with 2.5cm (1 inch) margins, and numbered pages. You are strongly advised to keep a back-up at all times.

You must submit an electronic copy of your work via Turnitin by the deadline set out above.

LEARNING OUTCOMES

The following module learning outcomes are tested in this assessment:

• Demonstrate a thorough and critical understanding of topics falling under the umbrella of Commercial Law;
• Evidence good research skills;
• Apply that research to the solution of specific legal problems;
• Analyse and criticise the law;
• Communicate complex information in a clear and coherent manner with reference to authoritative sources both orally, and in writing.

ASSESSMENT CRITERIA

Assessment criteria for this CW:

CONTENT

a. Identification and focus on the key issues and themes raised by the questions
b. Use of relevant law to answer the questions
c. Understanding of relevant principles and key cases
d. Analysis and evaluation of a particular fact/issue/authority
STRUCTURE
a. Dealing with relevant issues in a logical order
b. Avoidance of repetition
c. Construction of a coherent and consistent argument
PRESENTATION
a. Appropriate physical layout
b. Appropriate citation of sources (OSCOLA referencing, see above)
c. Use of appropriate language, including technical legal language
d. Grammar and style

FURTHER INFORMATION ABOUT THIS ASSESSMENT

MITIGATING CIRCUMSTANCES

In case of illness or other issues affecting your studies please refer to the University Mitigating Circumstances and Extensions Regulations. Please note that once you have submitted your work you have judged yourself fit to undertake the assessment and cannot usually claim mitigating circumstances retrospectively. Please refer to the Mitigating Circumstances Regulations for more information.

ACADEMIC INTEGRITY AND AVOIDING MISCONDUCT

Guidance on avoiding academic assessment offences such as plagiarism and collusion can be found in the Digital Learning and Tools module on Canvas – see Academic Integrity.

When you write an essay, report or dissertation you should always cite the published sources to which you quote, refer to or use as evidence, otherwise you are likely to be committing plagiarism, which is a form of academic misconduct with potentially very serious consequences. References need to be made both within the text and in a list at the end.

The aim in doing this is to ensure that somebody reading your work can easily find these sources for themselves. This applies to whether you are using a book, a report, a journal article or an Internet site. You will probably know from your own experience how much easier it is to find a reference when a reading list or bibliography is clear and unambiguous. There is help available from the library and online, including a range of videos such as those given below:

Do remember you can submit your work as many times as you like before the final deadline. It is a good idea to check your Originality Report and ensure that any potential plagiarism is eradicated for your work by rewriting in your own words and referencing correctly. The FBSS ASC – see section ‘Academic Skills Support’ below –  will be able to advise on this and on all aspects of academic writing.

CAN I USE GENERATIVE AI (GAI) AS PART OF THIS TASK?

Default use of GAI: you are permitted to use Generative AI for the following purposes:

• Support spelling, punctuation and grammar.
• Support ideation where the ideation is not intrinsic to, or a focus of, the assessment. Nb: Module staff and/or the assessment brief will confirm the ideation that is intrinsic to, or is a focus of, the assessment.
• Create a structure or outline for the assignment.
• Support research for the assignment (identifying sources, search).
• Take the role of a constructive critic.
• Aid understanding.
• Produce media artefacts to support the assignment where the artefacts are not intrinsic to, or a focus of, the assessment. Nb: Module staff and/or the assessment brief will confirm what media artefacts are intrinsic to, or are a focus of, the assessment.
• Perform basic image / media editing encompassing cropping, noise reduction, sharpening, enlarging, compression, changing format type and adjusting lighting.

Please note: all of the core writing, creativity, arguments, analysis and reasoning must be your own.

For further details on this GAI Assessment category please see:

Student Guide to GAI at Kingston University 2025/6 in the Digital Learning and Tools module in Canvas (Generative AI section).

DO I NEED TO DECLARE MY USE OF GAI TOOLS?

Yes, if you use Generative AI for any part of your assessment, you must declare this. This applies to all assessments including those in the default and explicit categories.

For this assignment the declaration should be provided at the end of the submission with the heading ‘Acknowledgement of GAI Contribution’. This declaration should include a statement on the use of generative AI including the extent of use, and how it was used as part of all stages in creating the final submission. Please complete the form before submission.

Further guidance on completing this acknowledgement is provided in the Digital Learning and Tools module in Canvas (Generative AI section).

You will also need to read and accept the similarity declaration when submitting an assignment in Canvas.

ACADEMIC SKILLS SUPPORT

For help and advice on this assessment please contact the assessment setter/s or the module leader. For advice on academic writing and referencing please contact the FBSS Academic Success Centre (ASC).

To access support, you first need to join the Canvas module:  Enrol in Academic Skills Centre

Trained staff and students will give you guidance and feedback on assessments.  FBSS ASC staff can be contacted by email: FBSSasc@kingston.ac.uk

COURSEWORK QUESTION 

INSTRUCTION

For this research exercise, you are required to write a piece of legal advice based on the facts outlined in the statements provided below. Please focus your analysis on sale of goods, law of agency, and force majeure. You need to support your advice by reference to primary and secondary sources.

Name of Witness: Bako Okafor

Date: 6 September 2025

WITNESS STATEMENT OF MR BAKO OKAFOR

I, Bako Okafor, will say as follows:

1. I am the Managing Director of Spring Harvest Ltd (SH). I am duly authorised to make this statement on behalf of Spring Harvest Ltd.
   On 5th June 2025 Ms Mahi Gupta, Procurement Officer at Condimento & Sons (C&S) placed an order for 100 kilogrammes of dried edible rose petals via Ms Liz O’Callahan, a self-employed sales agent who acts on our behalf when selling our goods to producers and manufacturers. We could sell directly; however, we contract Ms O’Callahan’s services due to her excellent relations with clients, and her knowledge of the sector.
2. We recognise Condimento’s ethos and dedication to use only locally grown products. Dried edible rose petals that we supply are all carefully selected and processed by small farms in Surrey, England. We are proud to offer English rose petals, which are of superb quality. We sell the product at £40.00 per kilo.
3. Condimento & Sons have been buying ingredients from us for over 7 years. We also select small studios specialising in making clay and glass containers used by Condimento as packaging of their products. I know Ms Mahi Gupta well. Our business relations have been satisfactory until the very recent developments.
4. On 10th June 2025 I emailed Ms Mahi Gupta to remind her of the outstanding payment for the order of dried edible rose petals. On 15th June 2025, I received an email from Ms Mahi Gupta, in which she refused to pay and told me that she wishes to return the goods, stating that Ms Liz O’Callahan had no right to sell the rose petals. Well, I must confess that it is true. When it comes to large orders of unique products, they must be signed off by me. In this case, noting the long-standing business relations with Ms Mahi Gupta and Condimento & Sons, I was willing to retrospectively approve the sale, as Ms Liz O’Callahan negotiated and agreed a good price with Ms Mahi Gupta. I am surprised with Ms Mahi Gupta’s reaction here. Furthermore, Ms Mahi Gupta is also refusing to pay for another order of glass bottles.
5. On 4th July 2025, Ms Mahi Gupta placed an order, again via Ms Liz O’Callahan, for 200 hand-made glass bottles shaped like rose petals in the Lalique style [the style of glass making characterised by the use of naturalistic motifs and patterns with flowing, curved lines] at £10.00 per bottle.
6. The production of the 200 bottles was completed by the maker, and the bottles were swiftly delivered to our warehouse on 15th August 2025. On that day, I called Ms Mahi Gupta to let her know that the goods were ready for collection as per our contract. She confirmed that Condimento will collect the bottles on 20th August 2025.
7. On 16th August 2025, I phoned Ms Mahi Gupta again. This time to let her know that our warehouse was severely flooded. The flood destroyed the bottles ordered by Condimento & Sons. Yet, I think Spring Harvest is entitled to recover the purchase price from
8. Condimento & Sons. I do not believe that Spring Harvest is responsible for Condimento’s loss.
9. I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
   Signed:  Bako Okafor

Dated: 6 September 2025.

Name of Witness: Mahi Gupta

Date: 20 September 2025

WITNESS STATEMENT OF LIZ O’CALLAHAN

I, LIZ O’CALLAHAN, will say as follows:

1. I am a self-employed purchasing agent working with clients who are looking to buy high quality ingredients and products. I was appointed as a Sales Agent by Mr Bako Okafor to sell goods on behalf of Spring Harvest Ltd.
2. On 5th June 2025 I met with Ms Mahi Gupta, Procurement Officer at Condimento & Sons, then eager to purchase dried edible rose petals at £40.00 per kilo. I offered a sample of the product: a 100 grammes portion of dried edible rose petals originating from a small farm based in Surrey, England. I convinced her to get 100 kilogrammes, although initially she wanted only 50 kilogrammes. I was so pleased with myself that I forgot that I should have asked Mr Bako Okafor to authorise this transaction as all large quantities of special products must be signed off by him. I was hoping he would be lenient with me as I brought him a large profit.
3. I also visited Ms Mahi Gupta’s office on 4th July 2025, this time to offer unique glass bottles made by a small manufacturer. The bottles shaped like rose petals in the Lalique style [the style of glass making characterised by the use of naturalistic motifs and patterns with flowing, curved lines] were offered at £10.00 per bottle.
4. I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:  Liz O’Callahan

Dated: 12 September 2025.