LL5306 Commercial Law Kingston University LL5306 Assessment Brief Law Department Module Name: Commercial Law Module Code: LL5306 Assessment Type: Coursework Assessment Weighting:
LL5306 Commercial Law Kingston University LL5306 Assessment Brief Law Department Module Name: Commercial Law Module Code: LL5306 Assessment Type: Coursework Assessment Weighting: Summative (% of the assignment in the overall module grade) 50% Set By (Name and Contact Details): Dr Anna Labedzka (a.labedzka@kingston.ac.uk) Submission Deadline:
Thursday, 15th January 2026 at 1:00 pm NOTE: Coursework submitted within 24 hours of the published submission deadline will be accepted without penalty.
This is known as the ‘grace period’ and applies to first attempt deadlines, extended deadlines and reassessment deadlines.
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. Struggling with LL5306 Commercial Law Coursework?
Order Non Plagiarized Assignment 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
CLAIM No. TBC BETWEEN: Spring Harvest Ltd (Potential Claimant) AND Condimento & Sons (Potential Defendant)
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WITNESS STATEMENT OF MR BAKO OKAFOR —————————————————————————————————————-
I, Bako Okafor, will say as follows:
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. 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. 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. 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. 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. 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. 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 Condimento & Sons. I do not believe that Spring Harvest is responsible for Condimento’s loss. 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.
CLAIM No. TBC BETWEEN: Spring Harvest Ltd (Potential Claimant) AND Condimento & Sons (Potential Defendant) Name of Witness: Mahi Gupta
Date: 20 September 2025
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WITNESS STATEMENT OF MAHI GUPTA —————————————————————————————————————-
I, Mahi Gupta, will say as follows:
I am the Procurement Officer at Condimento & Sons. I am duly authorised to make this statement on behalf of Condimento and Sons. We are a boutique condiment producer based in Kingston-upon-Thames, renowned for creating small batches of high-end, organic sauces, dressings, and vinegars. Our products are a staple in the kitchens of London’s top chefs and fine dining establishments. The company’s ethos is rooted in sustainability, and regional integrity: all ingredients must be organically grown within 500 miles of our production facility. The company uses only handmade clay or glass containers sourced from small artisan studios, which contribute significantly to the Condimento’s brand identity and market appeal. On 5th June 2025, I placed an order, on behalf of Condimento & Sons with Ms Liz O’Callahan, who is a Sales Agent acting on behalf of Spring Harvest Ltd for 100 kilogrammes of dried edible rose petals (price per kilo: £40.00). However, I realised that Ms Liz O’Callahan should not have taken the order for 100 kilogrammes, as she was not authorised to sell large numbers of special products on behalf of Spring Harvest. On this basis, I do not think Condimento & Sons should be required to pay the £ 4,000 for the dried edible rose petals that Ms Liz O’Callahan sold us without authority to do so, even though 100 kilogrammes of dried edible rose petals were delivered to Condimento & Sons on 7th June 2025. We also have another issue with this order. Spring Harvest, as well as their agent – Ms O’Callahan, are aware of our ethos and dedication to making products using only locally grown ingredients. The sample of the product that Ms O’Callahan shared with us when we were placing this order originated from a Surrey-based farm. However, the delivered goods came with labels ‘Made in Bulgaria’. We are aware that Bulgaria produces high quality rose products. However, the Bulgarian rose production is outside of our 500 miles radius commitment. We cannot use this product. Not to ignore that the sample was made of product originating from a Surrey farm, i.e. well within the 500 miles radius. There is also another reason why we cannot use the delivered dried rose petals. The delivered petals were pale in colour suggesting inappropriate transportation conditions causing the petals to lose their distinctive aroma. We cannot produce a rose infused vinegar with these petals. There are also issues related to another order that we placed with Spring Harvest. On 4th July 2025, I ordered, via Ms O’Callahan, 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. I was incredibly excited to do so, as we needed a good quality, and beautifully looking packaging to be used for our new vinegar range. On 15th August 2025, Bako Okafor phoned me to say that the bottles are now in the Spring Harvest’s warehouse ready for collection. I confirmed, as stated in our contract with Spring Harvest, that the bottles will be collected by us on 20th August 2025 from the warehouse. However, Condimento & Sons have not been able to collect these bottles, due to a flood at the Spring Harvest’s warehouse that destroyed all the bottles on 16th August 2025. The fact that the bottles were destroyed at the Spring Harvest’s facility is not the problem of Condimento & Sons. I am somewhat appalled by the fact that Spring Harvest is suing Condimento & Sons for the purchase price, and feel that we (Condimento & Sons) should be counterclaiming for our loss of profits, not least as we had managed to pre-sell our rose petal vinegar at a lucrative margin. 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: Mahi Gupta
Dated: 20 September 2025.
Name of Witness: Liz O’Callahan
Date: 12 September 2025
CLAIM No. TBC BETWEEN: Spring Harvest Ltd (Potential Claimant) AND Condimento & Sons (Potential Defendant) —————————————————————————————————————–
WITNESS STATEMENT OF LIZ O’CALLAHAN —————————————————————————————————————-
I, LIZ O’CALLAHAN, will say as follows:
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. 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. 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. 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
