Robert Gordon University Aberdeen Business School Department of Law

PgCert/PgDip/LLM/MSc

Construction Law and Arbitration

Course Handbook

Session 2011/2012

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TABLE OF CONTENTS

University Vision and Mission Statement Aberdeen Business School Vision and Mission Welcome from the Head of Department Welcome Note from the Course Leader Contact Details Course Structure Stage 1 Assessment Stage 2 Modules Stage 3 Dissertation Submission of Dissertations by Off-Campus Students Additional Information on Awards and Grading Assessment Boards and Graduation Important Dates Grading Structure Professional Body Accreditation Recommended Texts Communication Coursework Referencing Academic Misconduct/Plagiarism Late Submission of Coursework/Dissertations Extensions for Coursework and Extenuating Circumstances Claim Failed Coursework/Dissertations Postgraduate Coursework Cover Sheet Extenuating Circumstances Claim Form

3 3 5 6 7 8 11 12 13 13 13 14 14 14 16 19 21 22 22 23 23 23 24 25 28

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UNIVERSITY VISION & MISSION STATEMENT

The University mission and vision are as follows:

MISSION STATEMENT
"To inspire and enable the transformation of individuals, economies and societies."

UNIVERSITY VISION
"To be internationally recognised for excellence in professional education and applied research."

ABERDEEN BUSINESS SCHOOL VISION AND MISSION STATEMENT

The aim of the School is to fulfil the University's vocational mission in terms of course provision, research and consultancy activities and the learning environment generally, within the framework of available resources.

ABS VISION
The Vision of Aberdeen Business School (ABS) is to set the agenda for the future with a practical approach to business and professional education, in both the public and private sectors, based on leading edge teaching and research.

ABS MISSION
The Mission of Aberdeen Business School is to prepare the innovative and entrepreneurial leaders of the future with the capability to anticipate and manage change in international business and professional environments. This mission is supported by a set of objectives: to provide an environment that facilitates the pursuit of high quality research and learning to provide an environment that values all associated stakeholders to provide a forum where the needs of organisations can be met and issues of contemporary importance discussed to ensure that teaching is research-based, thus facilitating an educational experience that prepares students for careers in professional management and extends the horizons of current managers

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to incorporate ethics and wider societal issues within the curriculum to support a change-orientated culture designed to motivate and challenge to be responsive to customer needs

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WELCOME FROM THE HEAD OF DEPARTMENT

Dear Student, Welcome (or welcome back) to the Department of Law at Robert Gordon University. If you are a new student, you have made an excellent decision in choosing to study here. The University's graduates are among the most employable in the country with many more going on to further study and training. It is our aim to make your programme of higher education challenging, stimulating and relevant to your needs and goals. It is not just something to get through, but an experience to be enjoyed with its own special rewards. If you are a returning student, congratulations on your successful progression to the next stage of the course. We are sure that this year will provide new challenges and experiences for your present and future benefit. So take full advantage of these opportunities. We are ready to help and guide you on your journey. Good luck and enjoy yourselves. Prof Ken Mackinnon Head of Law Law Department Aberdeen Business School

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WELCOME NOTE FROM THE COURSE LEADER

I am delighted to welcome you onto the LLM/MSc Construction Law & Arbitration/Adjudication in the Department of Law, Aberdeen Business School. I hope that you enjoy your learning experience with Robert Gordon University. Either arbitration or adjudication route, this programme offers practical and valuable training in the fast moving and highly specialised disciplines of construction law and arbitration/adjudication. It is centred upon the acquisition of practical problem solving skills and the development of specialist legal knowledge in these fields. At RGU we are dedicated to providing a high quality, practical and interactive learning experience. We are proud of the virtual campus facilities which we offer and this year these are being developed further with the introduction of Campus Moodle. The online format allows you to study at your own pace albeit with deadlines for assessment. The course team will provide you with direction and support throughout your studies. However, you need to take an active role in order to make your studies a success. This means reading course materials and recommended texts, taking part in module activities and interacting with students and teaching staff. We have a diverse cohort of students, coming from a wide range of jurisdictions including the UK, Europe, Africa, the Middle East, and the Far East. This is a huge advantage to all students since there is an opportunity to learn about how issues are dealt with in other jurisdictions. There is also a wide range of professions represented including surveying, law, engineering, construction management, oil and gas sector, and architecture. Again, this is a positive feature of our student body, since it allows problems to be viewed from the perspectives of those with different professional backgrounds. This handbook is intended to provide you with the essential information about the course. It should be read in conjunction with the module guide for each individual module. If you have any questions, please do not hesitate to contact the relevant person. A list of contact details is provided on the next page. Best wishes, Bukola Faturoti
Course Leader

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CONTACT DETAILS
NAME BUKOLA FATUROTI b.faturoti@rgu.ac.uk KOKO UDOM k.a.udom@rgu.ac.uk PAUL ARNELL p.arnell@rgu.ac.uk DEREK AUCHIE d.p.auchie@rgu.ac.uk Jill HOWATT j.howatt@rgu.ac.uk CHERIE CONNON c.j.connon@rgu.ac.uk ELIMMA EZEANI e.ezeani@rgu.ac.uk HAMISH ROSS h.ross@rgu.ac.uk ALISON STUART a.stuart@rgu.ac.uk Postgraduate Office Technical Support Moodle support abs-elearning@rgu.ac.uk * NB: to telephone the relevant person, you need to prefix the extension number with +44 1224 26. POSITION Course Leader and Lecturer in Law Ass Course Leader and Lecturer Lecturer in Law EXT* 3558 3408

Postgraduate Programme 3420 Manager and Senior Lecturer in Law Senior Lecturer in Law Asst Team Leader, PG Admin Course Administrator Postgraduate Dissertation Coordinator Lecturer in Law Lecturer in Law 3425 3126 3834 3417 3909 3423

Reception Technicians Office

3800 3559

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COURSE STRUCTURE
PG Cert/PG Dip/LLM/MSc Construction Law and Arbitration/Adjudication The PG Cert/PG/Dip/LLM/MSc courses comprise three distinct stages of academic development. The Construction Law and Arbitration course is divided into the Certificate stage, the Diploma Stage and the LLM/MSc stage. Since the course is only available in online mode through the virtual campus, the timeline of the course is as follows: Arbitration Route
Stage 1: Structure of Course Award / Exit Award Postgraduate Certificate Arbitration Scottish Credit + Qualifications Framework SCQF level 11 Minimum level + Credit Requirements Minimum of 60 credits at SCQF 11 Number of academic study years to complete 1

Stage 1

Semester 1 BSM 579 Legal Systems and Contract Law BSM 580 Reparation Law and Evidence Stage 2: Structure of Course Stage 2 Award / Exit Award Postgraduate Diploma Construction Law and Arbitration

Semester 2 BSM 601 Arbitration Law BSM 637 Arbitration Practice and Procedure

Scottish Credit + Qualifications Framework SCQF level 11

Minimum level + Credit Requirements Minimum of 120 credits at SCQF 11

Number of academic study years to complete 2

Semester 1 BSM575 Construction Law BSM576 Advanced Construction Law

Semester 2 BSM 613 Construction Contracts in Context Electives: BSM 135 International Construction Contract

Stage 3: Structure of Course Award / Exit Award LLM/MSc Construction Law and Arbitration Scottish Credit + Qualifications Framework SCQF level 11 Minimum level + Credit Requirements Minimum of 180 credits at SCQF 11 Number of academic study years to complete 3

Stage 3

Semester 1 BSM 587 Dissertation

Semester 2 BSM 587 Dissertation

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Adjudication Route Stage 1: Structure of Course Award / Exit Award Postgraduate Certificate Adjudication Scottish Credit + Qualifications Framework SCQF level 11 Minimum level + Credit Requirements Minimum of 60 credits at SCQF 11 Number of academic study years to complete 1

Stage 1

Semester 1 BSM 579 Legal Systems and Contract Law BSM 580 Reparation Law and Evidence Stage 2: Structure of Course Stage 2 Award / Exit Award Postgraduate Diploma Construction Law and Adjudication

Semester 2 BSM 651 Construction Adjudication Law BSM 652 Construction Adjudication Procedure

Scottish Credit + Qualifications Framework SCQF level 11

Minimum level + Credit Requirements Minimum of 120 credits at SCQF 11

Number of academic study years to complete 2

Semester 1 BSM575 Construction Law BSM576 Advanced Construction Law

Semester 2 BSM 613 Construction Contracts in Context Electives: BSM 135 International Construction Contract

Stage 3: Structure of Course Award / Exit Award LLM/MSc Construction Law and Adjudication Scottish Credit + Qualifications Framework SCQF level 11 Minimum level + Credit Requirements Minimum of 180 credits at SCQF 11 Number of academic study years to complete 3

Stage 3

Semester 1 BSM 587 Dissertation

Semester 2 BSM 587 Dissertation

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Arbitration and Adjudication Route* Stage 1: Structure of Course Award / Exit Award Postgraduate Certificate Arbitration Scottish Credit + Qualifications Framework SCQF level 11 Minimum level + Credit Requirements Minimum of 60 credits at SCQF 11 Number of academic study years to complete 1

Stage 1

Semester 1 BSM 579 Legal Systems and Contract Law BSM 580 Reparation Law and Evidence Stage 2: Structure of Course Award / Exit Award Postgraduate Diploma Construction Law and Arbitration or Adjudication

Semester 2 BSM 601 Arbitration Law BSM 637 Arbitration Practice and Procedure

Scottish Credit + Qualifications Framework SCQF level 11

Minimum level + Credit Requirements Minimum of 120 credits at SCQF 11

Number of academic study years to complete 2

Stage 2

Semester 1 BSM575 Construction Law BSM576 Advanced Construction Law

Semester 2 BSM 651 Construction Adjudication Law Electives: BSM 652 Construction Adjudication Procedure

Stage 3: Structure of Course Award / Exit Award LLM/MSc Construction Law, Arbitration and Adjudication Scottish Credit + Qualifications Framework SCQF level 11 Minimum level + Credit Requirements Minimum of 180 credits at SCQF 11 Number of academic study years to complete 3

Stage 3

Semester 1 BSM 587 Dissertation

Semester 2 BSM 587 Dissertation

*Students who intend to take the arbitration modules BSM601 and BSM637 as well as the adjudication modules BSM652 and BSM613 must take the modules in the order indicated above arbitration modules in Stage 1, adjudication modules in Stage 2. The reverse order is not permitted. Where a student takes the adjudication modules (BSM651 and BSM652) in Stage 1 and then decides he/she wishes to take the arbitration modules, these may only be taken as stand alone modules outwith the course structure.

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STAGE 1 - ARBITRATION YEAR [CERTIFICATE STAGE] ASSESSMENT

These modules are assessed by coursework only. More information on the delivery of each module can be found in the relevant module handbook. BSM579 Legal Systems and Contract Law There will be two pieces of coursework for this module. The grade for coursework 1 will contribute 30% of the overall module grade. The grade for coursework 2 will contribute 70% of the module grade. Although the overall RGU pass mark for this module is a GRADE D (see below on the grading system) the pass mark for Chartered Institute of Arbitrators examination exemption purposes is outlined below. Each paper will be awarded a percentage mark and the aggregate of these percentage marks (on a 30%70% basis) will be translated into a letter grade on a scale of A-F (see the Module Performance Descriptor in the Study Guide for this module). BSM580 Reparation Law and Evidence, BSM601 Arbitration Law
BSM651 Construction Adjudication Law

There will be one piece of coursework in these modules. A percentage mark will be awarded for this coursework and that mark will be translated into a letter grade on a scale of A-F (see the Module Performance Descriptor in the Study Guide for this module). The pass mark for RGU purposes is a grade D. The pass mark for Chartered Institute of Arbitrators examination exemption purposes is outlined below. BSM637 Arbitration Practice and Procedure These modules will also be assessed by one piece of coursework. This coursework is written and submitted within 24 hours of questions being made available. Students are notified in the 3rd week of the semester of the examination date. The pass mark for FCIArb exemption is 55%. This module is not needed for MCIArb exemption. BSM652 Construction Adjudication Procedure This module will also be assessed by one piece of coursework. This module is need FCIArb status examination exemption and the pass mark for this purpose is 55% while RGUs pass mark remains 40%. BSS153 Arbitral Award Writing and BSS154 Adjudication Decision Writing Depending on the route they have chosen. Students who are interested in becoming a Fellow of the Chartered Institute of Arbitrators will engage in a time-limited Award Writing/Adjudication Decision Writing assignment, based on the Institute own similar examination. These are 6 weeks short courses and they attract separate tuition fees of 600. Papers are issued in advance and with notes of evidence issued 24 hours prior to the submission
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deadline. This assessment involves writing an arbitration judgement (award) or adjudication decision in a mock case. The pass mark for Chartered Institute of Arbitrators Fellowship exemption purposes is a minimum of 70% and the paper will be marked in accordance with the Institutes own marking guidelines. For the avoidance of doubt, this paper is marked differently from the others, with the result that 70% is an easier level to obtain than is the case for a standard closed book exam. Please see below for fuller information on this. For the RGU purposes students do not need to undertake award writing exercise either for arbitration or adjudication route, it is not required for Chartered Institute Membership examination exemption, only for Fellowship exemption (see below). See each module handbooks for more information on the module.

STAGE 2 - CONSTRUCTION LAW YEAR [DIPLOMA STAGE] ASSESSMENT

All of the modules in the Construction Law Diploma Stage of the course are assessed by way of coursework submission. More information on the delivery of each module can be found in the relevant module handbook. No Chartered Institute of Arbitrators accreditation attaches to Stage 2 modules but they are needed for RICS recognition. The following modules are taken in Stage 2 depending on the route you have chosen: BSM575 BSM576 BSM613 BSM135 Construction Law Advanced Construction Law Construction Contracts in Context International Construction Contracts

BSM651 Construction Adjudication Law BSM652 Construction Adjudication Procedure

Please look at the necessary link on the universitys http://www4.rgu.ac.uk/abs/postgraduate/page.cfm?pge=4987

website:

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STAGE 3 - DISSERTATION
LLM/MSc students are required to submit a dissertation of 20,000 words (excluding bibliography and footnotes) on a topic of their choice from one of the subjects of their chosen course. The designation LLM or MSc will be conferred according to the subject matter of the dissertation. If the subject is primarily legalistic, then an LLM degree will be awarded, whereas in the case of a dissertation subject which considers essentially non-legal issues, the MSc is the appropriate award. The total word count for the dissertation must appear on the title page. Students will be penalised for exceeding the word count or failing to reach the minimum word count. The grade for a students work which is more than 10% higher or lower than the word count will be deducted by one grade point as a penalty. Further information on the referencing conventions which should be adopted is available in the RGU Law Reference Guide. Further details concerning the dissertation in general are available in the postgraduate Dissertation handbook which is provided to students progressing onto the LLM/MSc stage. Submission of Dissertations by Off-Campus Students All off-campus students may submit their dissertations in person or by post with one electronic copy. It is the responsibility of off-campus students to calculate the time zone difference between their individual locations and the University and to ensure that their dissertations arrive at the University by the stated time.

ADDITIONAL INFORMATION

Award of Distinction The requirements for an award of distinction are for at least 50% of the credits gained to be at Grade A, at least 75% of the credits to be at Grade B or better, and normally 100% of the credits to be at Grade C or better. Where a student has achieved these grades but one of the modules grade is achieved at a second attempt, that is, via a resit such a student will not be awarded a distinction because Re-sits are capped at a grade D for the purposes of calculating Distinction [Academic Regulation A4 para 6.3 (i)].

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Award of Merit* At least 50% of the SCQF credits represented by the modules contributing to the award to be at Grade B or better, at least 75% of the SCQF credits to be at Grade C or better, and normally 100% of the SCQF credits to be at Grade D or better. In addition, the student must obtain at least a Grade D in any modules defined as central to the objectives of the course. *The award 'with Merit' will be available to both continuing and new students. Assessment Boards and Graduation Graduation occurs in July and December of each year. Students will be notified of the exact date of their graduation by the university. Important dates Please see the academic calendar for all university specific dates: http://www.rgu.ac.uk/governance/dates/

GRADING STRUCTURE
The Universitys grading structure consists of 7 grades: Grade A B C D E F NS Definition Excellent Outstanding Performance Commendable/Very Good Meritorious Performance Good Highly Competent Performance Satisfactory Competent Performance Borderline Fail Unsatisfactory - Fail Non-submission

Where a module has a number of components of assessment, the module performance descriptor will outline clearly what level of performance the student needs to attain in each mode of assessment, in order to gain the overall grades outlined above. Key to terms used on university transcripts: Code CP CT Defer Definition Condoned Pass i.e. partial failure in the module has been condoned and the credit awarded Credit Transfer Assessment impacted by medical/mitigating circumstances and component(s) to be taken at the next assessment opportunity or decision deferred

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M NS Refer SCQF TS WD

pending further information. Medical/mitigating circumstances Non-submission Resit/Reassessment Scottish Credit and Qualifications Framework Temporary Suspension of Studies Withdrawn

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PROFESSIONAL BODY ACCREDITATION

(a) Chartered Institute of Arbitrators (CIArb) If all of the Year 1 modules on the course are passed, this will allow the student to claim exemption from the Membership examinations of the Chartered Institute of Arbitrators. By performing to a certain standard on each of the modules, the student will become exempt from the Fellowship examinations of the Chartered Institute of Arbitrators. Although the professional examinations represent only one hurdle in the route to becoming a Member/Fellow of this organisation, they represent one of the main such hurdles. Of course, the benefit of seeking to use this qualification as a route into Membership or Fellowship status is that the student also gains a postgraduate qualification at the same time. For further information on the other (non-examination) requirements of Membership/Fellowship status, please consult the web pages of the Institute at www.arbitrators.org. The details of the minimum performance levels required in order to be eligible for examination exemption status are set out for each module above and are summarised below: Chartered Institute minimum marks of Arbitrators Membership examination exemption

(1) BSM579 Legal Systems and Contract Law: Grade D aggregate* mark (2) BSM580 Reparation Law and Evidence: Grade D aggregate* mark (3) BSM601 Arbitration Law: Grade D Chartered Institute minimum marks (1) (2) (3) (4) (5) of Arbitrators Fellowship examination exemption

BSM579 Legal Systems and Contract Law: 55% aggregate* mark BSM580 Reparation Law and Evidence: 55% aggregate* mark BSM601 Arbitration Law: 55% BSM637 Arbitration Practice & Procedure: 55% Open Book Award Writing Assignment: 70%

Where no Chartered Institute professional examination exemption desired Here, the modules require to be passed at RGU level: (1) BSM579 Legal Systems and Contract Law: Grade D aggregate* mark (2) BSM580 Reparation Law and Evidence: Grade D aggregate* mark (3) BSM601 Arbitration Law: Grade D (4) BSM637 Arbitration Practice & Procedure open book award writing assignment: Grade D

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*The aggregate mark is calculated according to the weighting between assessment grades for the module see the module handbooks for further information. Other important notes regarding the Chartered Institute of Arbitrators Accreditation The following should be noted by those seeking exemption from the Membership/Fellowship examinations of the Chartered Institute of Arbitrators: (1) Where a student passes a module at first diet, but fails to attain sufficient grades for Fellowship examination exemption (see above) that student will have one further opportunity to re-take that assessment (in the case of BSM579 this assessment will be the resit for coursework 2 only) in order to improve on the aggregate percentage mark for Chartered Institute of Arbitrators purposes. Please note that the RGU grade for such a student will remain at the first diet grade level: any increase in grade can only increase the percentage mark, not the RGU grade. PLEASE NOTE THAT A STUDENT IN THIS POSITION HAS ONLY ONE OPPORTUNITY TO TAKE SUCH A RESIT, IN THE SUMMER (AUGUST) RESIT DIET OF THE SAME ACADEMIC YEAR AS THE MODULE IS FIRST TAKEN. STUDENTS MAY NOT CARRY THIS SPECIAL OPPORTUNITY FORWARD INTO THE NEXT ACADEMIC YEAR. THIS OPPORTUNITY IS CONCESSIONARY SINCE RGU REQUIRES TO OFFER A RESIT ONLY TO THOSE STUDENTS WHO HAVE FAILED AT RGU LEVEL. (2) Where a student wishes to seek Chartered Institute of Arbitrators examination exemption, an exemption from one of the three Year 1 modules (or from an assessment within any of those modules) cannot be given, even where the student would otherwise be entitled to such an exemption (and therefore a credit transfer) for that module under RGUs Accreditation of Prior Learning (APL) Scheme. (3) At the end of the academic year, a letter will be issued by the course leader to those students who are entitled to Chartered Institute of Arbitrators Membership or Fellowship examination exemption status. Where a student obtains such exemption level following the summer resit diets (or where the level of exemption has increased from membership to Fellowship following any resits for Chartered Institute of Arbitrators purposes (see note (1)) above) a letter (or fresh letter) will be issued following the resit diets. In either event, this letter is in a standard form and will be tendered to the Chartered Institute of Arbitrators as evidence of the examination exemption level attained.

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(b) Other Professional Body Associations The course as a whole is recognised by the Faculty of Advocates in Scotland and the course as a whole (the modules from all three years) is accredited by the Royal Institution of Chartered Surveyors (RICS). Graduates of the course satisfy the academic requirements for Chartered membership of RICS and are academically qualified to enrol on the RICS Assessment of Professional Competence (APC). The APC course can be taken concurrently with this course. Further information on the APC course is available on the RICS website at: http://www.rics.org/

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RECOMMENDED TEXTS
The student is advised to purchase certain texts in order to assist them in particular with the first semester modules. The following is a list of recommended texts for purchase: Construction Law & Arbitration Booklist 2011-12 Semester 1
Much of the material for the course will be provided in the module material made available to the student for each module. The student will also have access to electronic databases and in particular the legal databases Westlaw and Lexis Nexis. The following is a list of recommended texts for purchase.

BSM 579 Legal Systems and Contract Law

McKendrick, Contract Law: Text Cases and Materials (4th Ed, Oxford University Press, Oxford 2010) ISBN-13: 978-0-19-957979-2. A further advantage of this text is that it has an associated website, providing access to updates on the text: http://www.oup.com/uk/orc/bin/9780199208012/ Slapper and Kelly, The English Legal System 2011-2012 (12th Ed, RoutledgeCavendish, London 2011) ISBN: 978-0-415-60007-1 ISBN: 978-0-2-3-81426-0 [e-book] Ewan McKendrick, Contract Law, Palgrave Macmillan, 2009 (8th edition) Fullerton, K Legal Research Skills for Scots Lawyers (2nd Ed, W Green, Edinburgh 2007) ISBN: 978-0-414-01589-0. Although this text is designed primarily for a Scottish audience, it covers UK and International materials as well. It also has material on referencing (to complement the RGU Law Referencing Guide) as well as essay writing, exam revision and the conversion of research into quality output. This text also has an associated website which will contain access to updates from September 2008: http://www.wgreen.co.uk/students/downloads.html

Optional book list for Legal Systems and Contract Law

Walker, DM The Scottish Legal System (8th edn, W. Green, Edinburgh 2001) Poole, Textbook on Contract Law (9th edn, Oxford University Press, Oxford 2008) ISBN-13: 978-0-19-923352-6

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Poole, Casebook on Contract Law (9th edn, Oxford University Press, Oxford 2008) ISBN-13: 978-0-19-923351-9 Woolman & Lake Contract (3rd edn, W. Green, Edinburgh 2001) (Scots law only). Upex, Bennett & Chuah, Davies on Contract, (10th edn, Sweet and Maxwell, London 2008) ISBN: 9781847034472 Samuel, Contract Law: Cases and Materials (Sweet and Maxwell, London 2007) ISBN: 9781847032164

BSM 580 Reparation Law and Evidence

I would recommend that you buy one textbook in Tort/ Delict. You should be able to find the relevant cases online, using our legal databses, but if you prefer to buy a casebook, I have recommended one. It is not necessary to buy a textbook for the law of evidence but should you wish to, there are a few outlined below.

Tort/Delict
I feel the better textbook for Tort law is: Gilker & Beckwith, Tort (18th edn, Sweet & Maxwell, London 2011) ISBN-978-0-414-04608-5 Deakin, Johnston & Markesinis, Markesinis and Deakin's Tort Law (6th edn, Oxford University Press, Oxford 2007) ISBN-13: 978-0-19-928246-3 Stewart, Delict (4th edn, W Green, Edinburgh 2004) (Scots law only). Thomson, Delictual Liability (4th edn, Tottel, Edinburgh 2009) ISBN : 9781847663160 Cameron, G Lawbasics Delict (3rd edn, W Green, Edinburgh 2008) (Scots law only) Kidner, Casebook on Torts (11th edn, Oxford University Press, Oxford 2010) ISBN-13: 978-0-19-923228-4

Evidence
Raitt, F Evidence - Principles, Policy and Practice (W.Green, Edinburgh 2008) (Scots law only). Murphy, Murphy on Evidence (11th edn, Oxford University Press, Oxford 2009) ISBN978-0-19-956112-4 Auchie, D Lawbasics Evidence (4th edn W. Green, Edinburgh 2011) (Scots law only). ISBN- 9780414016170

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COMMUNICATION
Please note that after you enrol you will be given a university email account. Thereafter all formal email communication from the university will be via your university email address (and not your personal email address). This will include all results, graduation information etc. You therefore need to check your university email account regularly. It is your responsibility to do this and failure to do so may result in you missing important course information.

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COURSEWORK
Students must comply with the following rules: A RGU Postgraduate coursework cover sheet MUST accompany any piece of coursework. A copy of the cover sheet is contained later in this handbook. The total word count for each essay must appear on the title page. Students will be penalised for submitting an essay that exceeds the word count or fails to reach the stated word count. If the student deviates from the word count by more than 10%, either higher or lower than the set word count, then the grade will be reduced by one grade point. All courseworks are due by 1:00 p.m. on the date of submission. The individual module coordinator will set the due date for essays. Students must submit an electronic copy of their submission as per the coursework instructions.

REFERENCING
It is essential that the appropriate referencing conventions are adopted consistently throughout your course. A RGU Law Reference Guide will be attached to your modules along with this handbook. The Reference Guide provides details of the appropriate referencing conventions which should be used for Scottish, UK, EU and international legal materials. If you fail to comply with the RGU Law Reference Guide you may be penalised.

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ACADEMIC MISCONDUCT/PLAGIARISM
Plagiarism is a serious violation of academic standards. The Aberdeen Business School policy on plagiarism is stated as follows; Plagiarism (i.e. presenting the thoughts or writings of others as your original work, without properly identifying and referencing the source), falsifying or fabricating data, copying from another student's work, etc. are unacceptable behaviour. Any allegations of such cheating in assessments will be reported to one of the Assistant Deans of the Aberdeen Business School, and dealt with as academic misconduct in accordance with the University's Academic Regulations. Aiding and abetting another student to commit academic misconduct will be dealt with in the same way. The Assistant Dean has the authority to apply a range of penalties in proven cases.

LATE SUBMISSION OF COURSEWORK/DISSERTATIONS

Late submission of essays and dissertations [without approval from the Course Leader] will not be accepted and will be marked as a failure.

EXTENSIONS FOR COURSEWORK AND EXTENUATING CIRCUMSTANCES CLAIM

Extensions are only allowed in limited circumstances and must be requested timely (prior to the deadline and not after). If exceptional, serious and acute problems or events genuinely affect your performance in your assessments or your ability to complete coursework on time, it is possible to make an application that these be considered by the relevant Assessment Board. Please refer to the detailed guidance and application form later in this handbook. Where a students extenuating circumstances are accepted the assessment affected will not count as one of the students two assessment diets.

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FAILED COURSEWORK/DISSERTATIONS
Students who fail a module or a dissertation are entitled to ONE resubmission of the work in question by a date as set by the next meeting of the Board of Assessment immediately after the failed module or dissertation. They will be charged a re-sit coursework or re-sit dissertation fee. Students who fail a module or a dissertation a second time will be excluded from the course. Where a students mitigating circumstances are accepted the assessment affected will not count as one of the students two assessment diets. A student must normally pass all modules at each stage before being permitted to proceed to the subsequent stage. The Assessment Board has discretion to allow a student to proceed to the next stage carrying no more than one module only. All modules must be passed before submission of a dissertation.

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ABERDEEN BUSINESS SCHOOL

MARK/GRADE

Postgraduate Coursework Assignment

FOR UNIVERSITY USE ONLY

Student No.

__________________________________________

Rcvd:

Name _________________________________________________ Address_________________________________________________ _________________________________________________ _________________________________________________ DUE____________________________ COURSE________________________________________________ MODULE________________________________________________ _______________________________ Mode of Attendance FT PT Yr1 PT Yr2 DL TUTOR DATE

If the module is assessed by more than one piece of coursework, please indicate which part you are submitting i.e. CW1 / CW2 etc: I Confirm (a) That the work undertaken for this assignment is entirely my own and that I have not made use of any unauthorised assistance. (b) The sources of all referenced material have been properly acknowledged. (c) A statement of word count is included on the front of my work. An electronic copy of my work has been put into the drop box on the Virtual Campus. I agree that this may be subject to random testing by staff. (d) I have read all notes on pages 1 & 2 of this document. Signed: Date:

PLEASE ENSURE THAT THIS BOX IS SIGNED, OR YOUR WORK WILL NOT BE MARKED.
1. Notice of coursework submission dates and times will be made available to students at the start of each Semester when details of the coursework requirements are distributed to the students by the relevant staff. Any changes to the assessment schedule will be notified in writing, via the Virtual Campus or by e-mail. All coursework must have this standard coursework cover attached to the front of each document fully completed. (These are available on Level 4, by CW submission boxes). Coursework received late after the specified submission date & time sill receive an NS grade, and one of the 2 assessment opportunities will be lost. EXTENSION REQUESTS: You MUST complete a Request for Coursework Extension Form, available on the Virtual Campus or from School Office. This must be completed and submitted, together with supporting evidence, to the Module Co-ordinator prior to the original submission deadline. Full details on Extension Requests are contained in your Course Handbook.

2. 3. 4.

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5. 6.

Students must retain a copy of their coursework and the assessed document until the end of the Session, as it may be required for Assessment Board purposes. Students are required to review their work using the JISC Originality Reporting Service and MUST attach the Originality Report to their submitted coursework. (See further information overleaf). If the report is not attached, the work will receive an NS grade. Students MUST sign the written declaration on this cover sheet, indicating that the submitted material (including dissertation) is their own work. If the declaration box is not signed by the student the coursework will not be marked and will receive an NS grade. Students will be informed of the expected time scale for the return of marked coursework, normally 4 working weeks from the submission date, and will also be informed of any delays in the return of this coursework. UNDER NO CIRCUMSTANCE SHOULD COURSEWORK BE COLLECTED ON BEHALF OF ANOTHER STUDENT.

7.

8.

9.

JISC You are required to test your own work in the JISC service and MUST include the originality report with your submission. Before submitting assignments you should check through it to ensure that: All material identified as originally from a previously published source has been properly attributed by the inclusion of an appropriate reference within the text Direct quotations are marked as such (using quotation marks at the beginning and end of the selected text) A citation has been included in the list of references at the end of the text EXTRACT Academic Regulations, Section A3 Student Conduct, Appeals and Complaints 7.1 (i) Categories of Academic Misconduct Plagiarism is the practice of presenting the thoughts, writings or other output of another or others as original, without acknowledgement of their source(s). All material used to support a piece of work, whether a printed publication or from electronic media, should be appropriately identified and referenced and should not normally copied directly unless as an acknowledged quote. Text translated into the words of the individual student should in all cases acknowledge the source. Falsification or fabrication of data consists of the misrepresentation of the results of experimental work or the presentation of fictitious results. Collusion involves two or more students working together, without the prior authorisation of the Course Leader, Tutor or Supervisor, to produce the same piece of work, and then attempting to present this work as entirely their own work. Collusion may also be suspected when one student copies work from another student, without the knowledge of the first student. Bribery is the paying, offering or attempted exchange of an inducement for information or material intended to advantage the recipient in an assessment. Personating consists of a substitute taking the place of a student in an examination or undertaking an assessment on behalf of another.

(ii) (iii)

(iv) (v)

A student who aids and abets a fellow student to commit academic misconduct shall be deemed to have committed academic misconduct and will be dealt with accordingly. FOR UNIVERSITY USE ONLY

Academic Regulations can be viewed at http://www.rgu.ac.uk/academicaffairs/quality/

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COMMENTS (FOR TUTOR USE ONLY)

Marker:

Date:

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EXTENUATING CIRCUMSTANCES CLAIM FORM SESSION 2009/10 All sections of this form must be completed. It is essential you read the Guidance Notes before completing the form. Surname/Family Name Title Address
[all correspondence relating to this appeal will be sent to this address]

Forename(s)

Telephone Number(s) Email Address(es)

[all correspondence relating to this appeal will be sent to this address]

RGU Enrolment Number School Course Stage SECTION 1: MODULES AFFECTED Columns 1 & 2 must be completed. Complete columns 3 & 4 as applicable. 1 Module Number 2 Module Title 3 Coursework submission Date 4 Exam/Class Test Date

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SECTION 2: REASON FOR SUBMISSION OF CLAIM Please indicate the reason(s) you are submitting the form by ticking the relevant box(es): (i) (ii) (iii) (iv) Extension to coursework submission date Non-submission/Late submission of coursework Non-attendance at an examination Poor performance

SECTION 3 (Only applicable if you ticked (i) in Section 2 above): Extenuating Circumstances - Extension to coursework submission date Describe concisely the extenuating circumstances which have caused you to request a coursework extension. Include relevant dates and refer to supporting evidence. Completion of this section is compulsory.

SECTION 4 (Only applicable if you ticked (ii), (iii) or (iv)in Section 2 above): Extenuating Circumstances Impact on performance Describe concisely the circumstances which had an adverse effect on your performance or ability to undertake an assessment. Include relevant dates and refer to supporting evidence. Completion of this section is compulsory.

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Section 4 continued Impact on Performance Describe clearly how these circumstances affected your performance when preparing for or undertaking the assessment. Completion of this section is compulsory.

Section 5a: Evidence Submitted List the supporting evidence submitted with this form:

1. 2. 3. 4. 5.

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Section 5b: Evidence to be Submitted Later List the item(s) you intend to submit later*. [Complete the box below only if you have additional supporting evidence that is not yet available but which you intend to submit shortly.]

1. 2. 3. 4. 5.

This should be submitted no later than ten working days after submission of this Claim Form.

Forms without supporting evidence will not usually be considered. You should not delay submitting a form if supporting evidence is not immediately available, but it is your own responsibility to submit this evidence as soon as possible. Section 6a: Claim submitted after required deadline Where it was impossible or unreasonable for extenuating circumstances to be notified to the School within the 5 working day deadline, describe clearly why this was the case.

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Section 6b: Evidence to support a late claim List the supporting evidence submitted to justify a late claim:

1. 2. 3. 4. 5.

Section 7: Declaration By signing this form you are declaring the above information to be accurate to the best of your knowledge, and that you understand the information provided in support of your claim will be treated in confidence unless disclosure is necessary to progress the claim. Please be aware the Universitys Disciplinary Procedure for Non-Academic Misconduct, as contained in Academic Regulation A3, Section 2, might be applied should there be any doubts about the authenticity of the claim or documents submitted to support the claim. Signature Date

Data Protection Statement The Robert Gordon University is a data controller under the Data Protection Act 1998. The personal data you provide with this form will be kept on your student file for monitoring purposes and the data will be anonymised and used for statistical purposes. The data will not be transferred to third parties.

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SCHOOL USE ONLY For completion by School Office Students enrolment number: Date claim received: Supporting evidence included: yes/no/to follow:

(i)

Extension to Coursework submission date

Recommendation made:

Date: Recommendation communicated to student by whom:

Date of communication:

For completion at Extenuating Circumstances Panel (ii) (iii) (iv) Non-submission of coursework Non-attendance at an examination Poor performance

Date of meeting: Recommendation made:

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NOTES OF GUIDANCE EXTENUATING CIRCUMSTANCES CLAIM FORM

Note: This guidance relates to completion of the Extenuating Circumstances Claim Form. In the event you are appealing against the decision of an Assessment Board then please complete the Student Appeal Form which is available through the Student Portal or at:

www.rgu.ac.uk/academicaffairs/quality_assurance/page.cfm?pge=43104
In the event you have any questions relating to the completion of this Form, please liaise with either your Course Leader or another member of academic staff within your School.

EXTENUATING CIRCUMSTANCES CLAIM FORM 1. Timescales for the Submission of an Extenuating Circumstances Claim Form? (i) If your claim relates to the approval of an extension to a submission deadline then the form should be completed and submitted to your Module Coordinator by hand or by recorded delivery not later than the coursework submission date. If your claim relates to poor performance or non-submission of an assessment/nonattendance at an examination then the form should be completed and submitted to your School Office in a sealed envelope marked clearly with EXTENUATING CIRCUMSTANCES and your name, or posted by recorded delivery to arrive not later than 5 working days after the examination/assessment.

(ii)

2. 2.1

What are Extenuating Circumstances? Extenuating Circumstances are exceptional, serious, acute and unforeseen problems or events which genuinely affect your performance in your assessments or your ability to complete coursework on time, and which were outwith your control. In the normal course of life you may occasionally experience minor illness, unexpected or adverse events which coincide with the preparation of coursework assignments or examinations. It is essential to recognise that these are part of normal life experience and that it is expected that some difficult circumstances have to be managed in addition to your studies. Such circumstances do not in themselves excuse failure or a poor performance. You are expected to manage and organise your learning, coursework assignments and revision in a way which anticipates that events will not always run smoothly. It is important that you keep an academic member of staff fully informed of any difficulties at the time at which they occur. With early warning of a problem it may be possible for your School or Department to provide support which will make a claim of extenuating circumstances unnecessary. Many students believe they can cope with these exceptional, serious, acute and unforeseen problems or events and, as a result, do not keep their School informed of these issues and fail to complete the Extenuating Circumstances Claim Form. By the time they realise they have not coped, it is too late to submit the Form and the assessment results have been considered by the Assessment Board. Do not make the same mistake. If you are experiencing difficulties which are or have impacted on your performance then complete the Extenuating Circumstances Claim Form. The University recognises many problems or events may be very personal and private, and that you may be reluctant to disclose them to a member of University staff. It is essential that you do, and the University will ensure the information is not disclosed unnecessarily. Specifically, the following are normally considered as extenuating circumstances: Serious or significant medical conditions or illness (including both physical and mental health problems). Exceptional personal circumstances (e.g. serious illness or death of an immediate family member, guardian or close friend, including participation in funeral and associated rites; being a victim of significant crime). Exceptional travel circumstances beyond your control which prevented you from attending an examination or other scheduled assessment. Ailments such as severe colds, migraines, stomach upsets, etc., ONLY where the ailment was so severe it was impossible for you to attend an examination. This list is not exhaustive.

2.2

2.3

2.4

2.5

2.6

34

3.

What are NOT Extenuating Circumstances? The following are examples of circumstances NOT normally considered in mitigation: Minor ailments such as colds, headaches, hangovers, etc. Long term illness or disability, where special arrangements have already been made for your assessments (or where such arrangements could have been made if the University had been made aware of the problem at the proper time). Also refer item 6 below. Bunching of examinations or coursework deadlines. Circumstances which have already been fully catered for by the granting of a coursework extension. Problems caused by English not being your principal language. You should seek advice in good time from the Study Support Centre or the English Language Tutor. Poor time management or personal organisation (e.g. failure to plan for foreseeable last-minute emergencies such as computer crashes, printing problems or travel problems resulting in late submission of coursework; misreading the examination timetable). Circumstances within your control (e.g. family wedding or holiday; paid employment; getting a cheaper flight; choosing to miss an assessment or coursework deadline for something considered more important). Claims made after the published deadline for their receipt, i.e. not later than five days after the coursework submission date or examination, except where you were unable to meet the submission date for exceptional reasons which can be validated. Claims without independent supporting evidence. Lack of awareness or understanding of the Universitys published Academic Regulations and procedures.

4. 4.1

What is Acceptable Evidence in Support of Extenuating Circumstances Claims? When you submit an Extenuating Circumstances Claim Form you must provide independent, objective supporting evidence such as a copy of a death certificate or other related document, a police crime number notification, a court summons, a letter of confirmation from your Personal Tutor, Hall Warden or other appropriate third party in order for claim to be deemed as valid. Claims without such evidence will not normally be considered. It is your responsibility to organise and provide supporting evidence. The University will not request evidence on your behalf. Supporting evidence can also be obtained from the Counselling Service. To be eligible for this, you must either be, or have been, a client of the Service and have engaged in a Counselling contract at the time of the illness. The Counselling Service cannot produce a letter relating to this event if you have not required previous contact with the Universitys Student Counsellor. Likewise, supporting evidence can be obtained from your General (medical) Practitioner. To be eligible for this you must have attended the practice at the time of your illness. Medical Certificates should be specific about the nature of the illness and should include a clear diagnosis. Retrospective evidence will generally not be accepted. In the event that you have extenuating circumstances but are still awaiting/seeking supporting evidence then this should not delay the submission of your Extenuating Circumstances Claim Form. You should complete the Form in the normal fashion but clearly indicate that the evidence is to follow. What about long term illness or disability? If you have a long term illness or disability then you should have notified the University of this condition to ensure that any special arrangements have been implemented, as appropriate, to accommodate it. Such conditions can only be considered as mitigation if there is demonstrable evidence the condition deteriorated during the specific period relating to your assessment. Overseas Medical Certificates International Students are encouraged to register with a local Medical Practice. If, for any reason, an overseas Medical Certificate is submitted then it must be the original document and be on official letter-headed paper with the relevant stamp of authority. If the medical certificate is not in English then it must be accompanied by a translation by an official translation service. Any costs incurred for the translation will be the responsibility of the student. What happens to my claim of Extenuating Circumstances? If your claim relates to an extension to a coursework submission date then the request will be considered by the Module Coordinator.

4.2

4.3

4.4

5.

6.

7. 7.1

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7.2

If your claim relates to poor performance or non-submission of an assessment/nonattendance at an examination then it will be considered by an Extenuating Circumstances Panel which makes a recommendation to the Assessment Board for your course. What will be the Outcome of an Extenuating Circumstances Claim? Extension to a coursework submission date: the Module Co-ordinator will decide in the first instance if the reasons given are acceptable and a claim is valid. If there are acceptable reasons, a new submission deadline will be negotiated and details of the new date will be issued to you in writing. The length of the re-negotiated deadline will be decided on the individual merits of each case, but only in exceptional cases would the re-negotiated deadline be after the date that marked coursework is returned to students, i.e. 20 working days. Poor performance or non-submission of an assessment/non-attendance at an examination: When making a decision on each individual claim both the content of the claim and your performance in other relevant assessments will be taken into account. It is important to note therefore that a decision on a particular claim cannot be predicted in advance, and that it may be the case that two apparently similar claims result in different outcomes. Any claim which does not meet the criteria for eligibility will be deemed invalid and will be rejected. The table below indicates the possible outcomes of accepted/rejected extenuating circumstances claims.

8. 8.1

8.2

Type of Assessment

Mitigation Accepted (Note: Accepted Mitigation will not result in a higher grade being awarded) The submission will be marked in the normal fashion. An M will be recorded. The assessment will not be counted as an assessment opportunity and, normally, another assessment opportunity will be offered.

Mitigation Rejected

Late Coursework Failed (i.e. poor performance) Coursework/Examination Non-submission of Coursework Non-attendance at Examination 9. 9.1

Non-Submission (NS) recorded and the submission will count as one of your normal assessment opportunities.

Notification of the Outcome of an Extenuating Circumstances Claim? Extension to a coursework submission date: The re-negotiated submission date will be issued to you in writing by either the Module Coordinator or another member of School staff. Poor performance or non-submission of an assessment/non-attendance at an examination: The Extenuating Circumstances Claim Form will be considered by the School and discussed at the Assessment Board. The outcomes of your claim will be reflected in your assessment results when they are released to you following consideration by the Assessment Board.

9.2

Finally, please be aware that only authentic claims will be considered and the Universitys Academic Regulation A3, Section 2, paragraph 6.2 relating to Non-Academic Misconduct, may be applied should there be any doubts about the authenticity of the claim. Data Protection Statement The Robert Gordon University is a data controller under the Data Protection Act 1998. The personal data you provide with this form will be kept on your student file for monitoring purposes and the data will be anonymised and used for statistical purposes. The data will not be transferred to third parties. All personal data will be processed according to the Data Protection Principles and in line with the University's Data Protection Policy

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