Contents

Associate Dean for UoS programmes

Eleanor Ward ([email protected])

Level 5 leader

Dr Emmanuel Ndi Wanki ([email protected])

Module Leader

Tobi Arikawe (TArikawe@globalbanking.ac.uk)

Module Team Lecturers

CAMPUS

GROUP

LECTURER

CONTACT

Birmingham

A1/A2

Parisa Derikvandi

[email protected]

Birmingham

B

Clarence Cole

CCole@globalbanking.ac.uk

Birmingham

C

Clarence Cole

CCole@globalbanking.ac.uk

Birmingham

E

Iddrisu Musah

[email protected]

Manchester

A1/A2

Bamidele Agbogun

[email protected]

Manchester

B1/B2

Ping Lam

PLam@globalbanking.ac.uk

Manchester

C1/C2

Ping Lam

PLam@globalbanking.ac.uk

Manchester

E

Bamidele Agbogun

[email protected]

London Bow

A1

Tobi Arikawe

[email protected]

London Bow

A2

Umair Zahid

[email protected]

London Bow

B1

Mfon Jackson

[email protected]

London Bow

B2/B3

Umair Zahid

[email protected]

London Bow

C1

Nihit Joshi

NJoshi@globalbanking.ac.uk

London Bow

C3

Tobi Arikawe

[email protected]

London Bow

D1/D2

Eric Yeboah

EY[email protected]

London Bow

E1/E2/E3/E4

Mfon Jackson

[email protected]

Student Success Tutors and Student support:

CAMPUS

CONTACT

Birmingham

[email protected]

Manchester

[email protected]

Leeds

[email protected]

London

[email protected] // [email protected]

ICT

[email protected]

Welfare

[email protected]

Academic Support

[email protected]

Reading and Resources

Adams, A. (2016) Law for business students. Ninth edn. Harlow, England: Pearson. Available at: Law for business students | University of Suffolk (worldcat.org)

Smyth, C.-M. and Gatto, M. (2018) Contract law : a comparison of civil law and common law jurisdictions. New York: Business Expert Press (Business law and corporate risk management collection). Available at: Contract Law : a Comparison of Civil Law and Common Law Jurisdictions. | University of Suffolk (worldcat.org)

Cavalieri, R. and Salvatore, V. (2018) An introduction to international contract law. Torino: G. Giappichelli Editore. Available at: An introduction to international contract law | University of Suffolk (worldcat.org)

Bainbridge, D. (2018) Intellectual property. 10th edn. Harlow, United Kingdom: Pearson Education Limited. Available at: Intellectual Property. | University of Suffolk (worldcat.org)

Rendtorff, J. D. (2019) Philosophy of management and sustainability: rethinking business ethics and social responsibility in sustainable development. First edn. Bingley: Emerald Publishing. Available at: Philosophy of Management and Sustainability : Rethinking Business Ethics and Social

Responsibility in Sustainable Development | University of Suffolk (worldcat.org)

Murray, R. (2020) Contract Law-The Fundamentals 5^th Ed.: Sweet & Maxwell

Peel, E. (2020) Treitel on The Law of Contract 15^th Ed.: Sweet & Maxwell

Beatson, J. (2020) Anson’s Law of Contract 31^st Edn.: Oxford University Press

Burke, R.H. (2019) Introduction to Criminological theory 5^th Ed.: Routledge

Cornish, W., Llewelyn, D. and Aplin, T (2019) Intellectual Property: Patents, Copyrights, Trademarks & Allied Rights 9^th Ed.: Sweet & Maxwell

Okpara, J.O and Idowu, S.O (2013) Challenges, Opportunities and Strategies for 21st Century Leaders: Springers

Additional Readings, legal instruments and websites

Chiu, I., An Institutional Theory of Corporate Regulation (2018). European Corporate Governance Institute (ECGI) – Law Working Paper No. 400/2018, Available at SSRN: https://ssrn.com/abstract=3122029

Bonell, M.J. (2018), The law governing international commercial contracts and the actual role of the

UNIDROIT Principles, Uniform Law Review, Volume 23, Issue 1, Pages 15–41, https://doi.org/10.1093/ulr/uny001

McClean, D. and Abou-Nigm, V.R.(2016) Morris on the conflict of laws. London: Sweet & Maxwell

Journal of International Business Studies

Journal of International Business Law

International Journal of Corporate Social Responsibility

International Journal of Electronic Commerce

Legal texts

Cross-border civil and commercial legal cases: guidance for legal professionals https://www.gov.uk/government/publications/cross-border-civil-and-commercial-legal-cases-guidancefor-legal-professionals/cross-border-civil-and-commercial-legal-cases-guidance-for-legal-professionals

Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) https://www.legislation.gov.uk/eur/2008/593/contents#

The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations

2015 https://www.legislation.gov.uk/uksi/2015/1644/made

UNIDROIT Principles of International Commercial Contracts

https://www.unidroit.org/english/principles/contracts/principles2016/principles2016-e.pdf

UK Intellectual Property Office (IPO)

https://www.gov.uk/government/organisations/intellectual-property-office

3.3. Weekly Scheme of Work

Week 1

TOPIC

Sources

Part 1

1.5 Hours

L.O. 1

 Welcome

 Unpacking the assignment

 Identify the nature and essential elements of a legally enforceable agreement:

 Differentiate between an offer and an invitation to treat

Adams, A. (2016) Law for business students. Ninth edn. Harlow, England: Pearson. Available at: Law for business students |

University of Suffolk

(worldcat.org)

Smyth, C.-M. and Gatto, M. (2018) Contract law : a comparison of civil law and common law jurisdictions. New York: Business Expert Press (Business law and corporate risk management collection). Available at: Contract Law : a

Comparison of Civil Law and Common Law

Jurisdictions. | University of

Suffolk (worldcat.org)

Cavalieri, R. and Salvatore, V. (2018) An introduction to international contract law. Torino: G. Giappichelli Editore. Available at: An introduction to

international contract law |

University of Suffolk

(worldcat.org)

Part 2

1.5 Hours

L.O. 1 & 2

 Identify the nature and essential elements of a legally enforceable agreement:

Acceptance

Consideration

Intention

Part 3

1.5 Hours

L.O. 1

 Identify the nature and essential elements of a legally enforceable agreement:

Capacity

Privity of Contract

Part 4

1.5 Hours

L.O. 1

 Differentiate between different types of sales contracts and the legislation governing them.

 Understand the difference between a business and a consumer buyer.

 Understand how the provisions of the SGA 1979 and related statutes protect the trade buyer.

Part 5

1.5 Hours

L.O. 1

 Understand consumer buyer protection before 2015.

 Understand and explain the rights of the consumer in contracts regulated by the CRA 2015.

Part 6

1.5 Hours

L.O. 1 & 2

 Defects in the Contract

 Misrepresentation, Mistake, Duress and

Under Influence

Week 2

TOPIC

Sources

Part 1

1.5 Hours

L.O. 1 & 2

 Understand the way in which a contract may be discharged.

 Understand the concept of complete performance.

 Understand how a contract may be

discharged by agreement.

Adams, A. (2016) Law for business students. Ninth edn. Harlow, England: Pearson. Available at: Law for business students |

University of Suffolk

(worldcat.org)

Smyth, C.-M. and Gatto, M. (2018) Contract law: a comparison of civil law and common law jurisdictions. New York: Business Expert Press (Business law and corporate risk management collection). Available at: Contract Law : a

Comparison of Civil Law and Common Law

Jurisdictions. | University of

Suffolk (worldcat.org)

Part 2

1.5 Hours

L.O. 1 & 2

 Remedies for breach of contract

Damages.

Equitable remedies

Part 3

1.5 Hours

L.O. 1 & 2

 Describe how an agency relationship may be created.

 Explain the rights and duties of the agent and the principal

 Distinguish between the ways by which the agency relationship may be terminated

Part 4

 Discussing the formative assignment

1.5 Hours

L.O. 1 & 2

 Understand duty of care in negligence and the criteria of reasonable foreseeability and proximity.

 Explain the situations when a breach of duty may occur, including the burden of proof.

 Distinguish between causation in fact and causation in law.

 Apply the rules of remoteness of damage, including the ‘eggshell skull’

 Appreciate the relationship of the law of contract to tort liability for defective products.

 Understand the situations where defences to liability may exist.

 Cavalieri, R. and Salvatore, V. (2018) An introduction to international contract law. Torino: G. Giappichelli Editore. Available at: An introduction to

international contract law |

University of Suffolk

(worldcat.org)

Part 5

1.5 Hours

L.O. 4

 Describe the process by which a company is registered.

 Differentiate the functions of the memorandum and articles of association.

 Understand the features of limited liability

company

Part 6

1.5 Hours

L.O. 4

 Rising capital

 Distinguish between the different types of shares capital:

ordinary/preference/redeemable/deferred

 Formative Assignment

Week 3

TOPIC

Sources

Part 1

1.5 Hours

 The legal instruments by which private parties enter and govern an international business relationship between them.

 Cavalieri, R. and Salvatore, V. (2018) An introduction to international contract law.

L.O. 2

 Negotiation of international contracts

 The concepts of freedom of choice and general rules in the absence of a choice of law: the closest connection

Torino: G. Giappichelli Editore. Available at: An introduction to international contract law | University of Suffolk

(worldcat.org)

Part 2

1.5 Hours

L.O.2

 Basic exploration of the conflict of laws: jurisdiction; lex mercatoria and international agreements

Part 3

1.5 Hours

L.O. 2

 International arbitration and alternative dispute resolutions

Part 4

1.5 Hours

L.O. 3

 Understand why INTELLECTUAL PROPERTY

(IP) is important and the rights it relates.

 Understand the concept of copyright.

 Bainbridge, D. (2018) Intellectual property. 10th edn. Harlow, United

Kingdom: Pearson

Education Limited.

Part 5

1.5 Hours

L.O. 3

 Understand the concept of trademarks and designs.

 Understand how to protect your IP in the UK and overseas.

Available at: Intellectual

Property. | University of

Suffolk (worldcat.org)

 Intellectual Property Office –

GOV.UK (www.gov.uk)

Part 6

1.5 Hours

L.O. 2 & 3

 Understand the concept of patent.

 Understand how to protect your IP in the UK and overseas.

 Basic exploration of the international rules and institutions that govern intellectual property law such as WIPO

Week 4

TOPIC

Sources

Part 1 1.5 Hours

 Regulation of international corporate behaviour and corporate culture

 Rendtorff, J. D. (2019)

Philosophy of management

Part 2 1.5 Hours

 ESG and CSR: Government policies and regulatory guidelines

and sustainability:

rethinking business ethics and social responsibility in

Part 3 1.5 Hours

 ESG reporting frameworks

sustainable development. First edn. Bingley: Emerald Publishing. Available at:

Philosophy of Management and Sustainability :

Rethinking Business Ethics and Social Responsibility in

Sustainable Development |

University of Suffolk

(worldcat.org)

Part 4 1.5 Hours

 Corruption in International Business

Part 5 1.5 Hours

 Modern slavery and supply chain issues

Part 6 1.5 Hours

 Corporate reputation

Module code and title:

GMDGBS206 International Business Law

Module leader:

Dr David Curbelo-Perez

Assignment No.

and type:

Written assignment (scenarios) 3000 words

Assessment weighting:

100 %

Submission time and date:

Monday, 1^st May 2023 (23:59)

Target feedback time and date:

Three weeks from the

date of final submission

Assignment task

The Summative Assessment will be composed by three scenarios that will allow you to demonstrate your knowledge of analysis of corporate internationalisation and the challenges of operating across borders.

Task requirements

Read carefully the cases and answer the questions:

Part 1: The below scenarios will align with Learning Outcomes 1 & 2 (you are expected to write a maximum of 1500 words):

1a) Ellie, who lives in Paris, emailed Memoona -an acquaintance who owns an art gallery in London- a picture of an old painting which was left to her by her grandmother, who also lived in London. Ellie is interested in selling the painting as soon as possible. Memoona thinks that it might be by Rembrandt but is not sure. Memoona offers £5,000 for the painting. Ellie, who will travel to London that week, sends a text message accepting Memoona’s offer, to be paid in exchange for the painting next week. The evening before the transaction occur, Ellie shows the painting to Herve, who is an art critic. He recognises the painting and assures this is a Rembrandt. It may be worth up to £500,000. The following day Ellie refuses to hand it over to Memoona for the agreed price.

a) State and discuss the specific legal issues in scenario 1a) that arise between Memoona and Ellie in the above transaction.

1b) Memoona decided to put on an art exhibition at the gallery, to be held on the 2^nd of January 2022. She contracted with Eric Suppliers Ltd to install a new heating system, and to paint the entrance hall in the gallery, at a total cost of £10,000. Both works had to be completed by 27^th December 2021. Eric completed the installation work by 26^th December 2021 but could not complete the painting until the 1^st January, 2022.

As a result of Eric using the wrong type of paint, horrific toxic smells emanated through the main hall of the gallery. Memoona became furious, anxious, and extremely disappointed when she realised that it would be very difficult to hold the exhibition at her gallery. She phoned another gallery to find out if the exhibition could be held there instead.

, she received no reply. She could have held the exhibition in the gallery basement but due to space restrictions there that would have meant she could have only accommodated some 50 guests (as opposed to the original 200 invited guests). Instead, she decided to cancel the whole exhibition.

In scenario 1b) Memoona has refused to pay Eric because of the defective painting. Advise Eric of what to do using relevant legal principles.

Memoona has now decided to sue Eric for the loss of income in the sum of £500,000 as a result of the cancellation of her exhibition. Advise Memoona of the specific legal issues in this matter and what may be the likely outcome.

Part 2: The below scenarios will align with Learning Outcome 3 (you are expected to write a maximum of 750 words):

Hiades Ltd, a UK based company, has developed a very innovative technological solution that unifies all the operative and administrative systems with an easy-to-use interface adapted to all pilotage requirements. The software is being used by several European Port Authorities. In Europe, software is usually copyrighted, but Hiades would like to expand to the USA. However, in the meantime, Hiades found that their software is being used by some companies without any license.

Critically analyse the different types of protection for the software and advise Hiades how to obtain the best possible protection for their software worldwide.

Advise Hiades about their options using relevant legal Intellectual Property principles.

Part 3: The below scenarios will align with Learning Outcome 4 (you are expected to write a maximum of 750 words):

Death Star Group, Ltd is a multinational company operating in the aerospace industry. While the company considers the carbon intensity of their business to be low, they have been publishing greenhouse gas emissions data for a number of years to meet regulatory requirements. At the last AGM, shareholders filed a resolution requesting that Death Star Group, Ltd disclose more information on the risks of climate change to their business and the financial impacts associated with these risks in the next annual report.

As other companies in the aerospace sector have not disclosed this information, the company is concerned that publishing these figures will draw negative attention to the business, as they may be perceived to be more vulnerable in the market. The reporting team have also expressed concerns over the quality of the information you currently have available, as the company have not undertaken a specific climate risk assessment.

a. State and discuss the specific legal issues that arise in the above scenario. Advice Death Star Group, Ltd about the convenience of disclosing the risk and financial impact information investors are requesting alongside its legal and reputational implications.

Referencing and research requirements

Please reference your work according to the UoS Harvard style; you can access guidance on this here: https://libguides.uos.ac.uk/academic/referencing/Harvard

Use this link for legal references:

https://www.citethemrightonline.com/QuicklinkReferences?menuid=7&refid=1

How your work will be assessed

Your work will be assessed on the extent to which it demonstrates your achievement of the stated learning outcomes for this assignment (see above) and against other key criteria, as defined in the University’s grading descriptors.

This assignment will be marked according to the grading descriptors for Level 5

Submission details

This assignment should be submitted electronically via Moodle (module tutors will discuss this process with you during class time).

Please ensure that your work has been saved in an appropriate file format (Microsoft Word, Excel or PowerPoint, or PDF are the most widely used; Google Docs is also accepted). DO NOT upload your assignment in .pages format. Your file must also contain at least 20 words of text, consist of fewer than 400 pages and be less than 40MB in size.

You can submit your work as many times as you like before the submission date. If you do submit your work more than once, your earlier submission will be replaced by the most recent version.

Once you have submitted your work, you will receive a digital receipt as proof of submission, which will be sent to your forwarded e-mail address (provided you have set this up). Please keep this receipt for future reference, along with the original electronic copy of your assignment

You are reminded of the University’s regulations on academic misconduct, which can be viewed on the University website: https://www.uos.ac.uk/sites/default/files/Academic-Misconduct-Policy.pdf.

Submission date and time

This assignment should be submitted to Moodle before 23.59pm on Monday, 1^st May 2023.

You should submit all work for summative assessments by the above deadline. Work submitted up to three working days after the deadline will be accepted and marked, but the mark will be capped at the pass mark (40%) unless there is a valid reason for the late submission (i.e. having been granted an extension to the deadline or a deferral under the terms of the Extenuating Circumstances Policy).

Work submitted more than three working days after the deadline without a valid reason will not be accepted and will be recorded as 0% RN (refer, no work submitted).

For more information, please refer to: http://uosstudenthandbook.learningservices.online/index.php/your-study/teaching-learningassessment/assessment-guidance

Feedback and marks for this assignment will be available in three weeks from the deadline.

Criteria

Scales

1^st: 70%-100%

2^nd: 60%-69%

2.2: 50%-59%

3^rd: 40%-49%

35%-39%

21%-34%

≤20%

Max Grade

100.00

69.00

59.00

49.00

39.00

34.00

20.00

Demonstrate understanding of issues in international business law and evaluate the scope and the ways in which business is regulated in a global economy, understand, and analyse of tort and contract law

(Learning outcome 1)

20%

Submission demonstrates a full and clear understanding of the case study assignment as it relates to a business law course. Identifies and understands almost all of the main issues in the case study. Identifies,

demonstrates and/or understands all of laws and legal precedents for the case study.

Submission

demonstrates a solid

understanding of the case study assignment as it relates to a business law course. Identifies & understands most of the main issues in the case study. Identifies, demonstrates and/or understands most of laws and legal precedents for the case study.

Submission demonstrates a relevant understanding of the case study assignment as it relates to a business law course. Identifies & understands some of the main issues in the case study. Identifies,

demonstrates and/or understands some of laws and legal precedents for the case study.

Submission shows an adequate understanding of the nature of the case study assignment as it relates to a business law course. Identifies & understands few of the issues presented in the case study. Identifies,

demonstrates and/or

understands a little of laws and legal precedents for the case study.

Submission shows a basic understanding of the nature of the case study assignment as it relates to a business law course. Identifies & understands very few of the issues presented in the case study. Identifies,

demonstrates and/or understands very little of laws and legal precedents for the case study.

Submission shows a deficient understanding of the nature of the case study assignment as it relates to a business law course. Identifies & understands deficiently the issues presented in the case study. Identifies,

demonstrates and/or understands inadequately very little of laws and legal precedents for the case study.

Submission shows no basic understanding of the nature of the case study assignment as it relates to a business law course. Identifies & understands almost none of the issues presented in the case study. Identifies,

demonstrates and/or understands none of laws and legal precedents for the case study.

Criteria

Scales

1^st: 70%-100%

2^nd: 60%-69%

2.2: 50%-59%

3^rd: 40%-49%

35%-39%

21%-34%

≤20%

Max Grade

100.00

69.00

59.00

49.00

39.00

34.00

20.00

Critically consider the law that governs international contractual

relations conducted and concluded electronically across borders and

over distances

(Learning outcome

2) 20%

Excellent reflection and evaluation of concepts, facilitating a

highly logical, coherent, and balanced development of judgements and arguments. Strong awareness of international contractual relations concluded electronically.

Good reflection, interpretation and evaluation of concepts or evidence, facilitating a logical, coherent, and balanced development of judgements or arguments that shows awareness of international contractual relations concluded electronically.

Adequate reflection and evaluation of concepts or evidence, facilitating a

largely logical, coherent, and balanced development of judgements or arguments. The works shows good awareness of international contractual

relations concluded electronically.

A limited reflection and use of concepts or evidence, to support emerging judgement or arguments. Although not always logical or coherent and with inaccuracies, the works shows an emerging awareness of international contractual

relations concluded electronically.

Largely descriptive work, with limited effort made to use concepts or evidence to develop judgements or arguments. Information accepted uncritically, with unsubstantiated opinions evident. The works shows

very little

awareness of international contractual

relations concluded electronically.

Poor reflection and descriptive work with no effort made to use concepts or evidence to develop judgements or arguments. Views expressed are often illogical, invalid, or irrelevant.

Minimal or no use of evidence to back up views. The works shows deficient awareness of international contractual

relations concluded electronically.

No evidence of reflection and work is largely irrelevant or inaccurate, characterised by descriptive text and unsubstantiated generalisations. Complete lack of evidence to back up views.The works shows no awareness of international contractual relations concluded electronically.

Criteria

Scales

1^st: 70%-100%

2^nd: 60%-69%

2.2: 50%-59%

3^rd: 40%-49%

35%-39%

21%-34%

≤20%

Max Grade

100.00

69.00

59.00

49.00

39.00

34.00

20.00

Consider and analyse the ways in which international business law seeks to align and enforce national intellectual property protection mechanisms

(Learning outcome 3)

25%

Excellent understanding with researchinformed argument. The student was able to give complete and clear supporting information for the purpose, benefit, and uses of the intellectual property protection mechanisms.

Good understanding with researchinformed argument. The student was able to give sound supporting information for the purpose, benefit, and uses of the intellectual property protection mechanisms.

Adequate understanding with researchinformed argument. The student was able to give relevant supporting information for the purpose, benefit, and uses of the intellectual property protection mechanisms.

Evidence of understanding with limited researchinformed argument. The student was able to give adequate supporting information for the purpose, benefit, and uses of the intellectual property protection mechanisms.

Poor understanding. Heavily reliant taught elements. The student was able to give very basic supporting information for the purpose, benefit, and uses of the intellectual property protection mechanisms.

Limited understanding. Limited engagement with taught elements. The student was able to give poor supporting information for the purpose, benefit, and uses of the intellectual property protection mechanisms.

No evidence of understanding. The student was not able to give any supporting information for the purpose, benefit, and uses of the intellectual property protection mechanisms.

Criteria

Scales

1^st: 70%100%

2^nd: 60%-69%

2.2: 50%-59%

3^rd: 40%-49%

35%-39%

21%-34%

≤20%

Max Grade

100.00

69.00

59.00

49.00

39.00

34.00

20.00

Critically analyse the regulation of international corporate behaviour and corporate culture in a globalised economy (Learning outcome 4) 25%

Excellent application of theory to practice, with the student making highly appropriate, developed, and articulate links between the two.

Sound application of theory to practice, with the student making appropriate, welldeveloped, and articulated links between the two.

Consistent and accurate application of theory to practice, with the student making appropriate links between the two.

Relevant theoretical knowledge and understanding applied in practice, but with students not always making logical links between the two.

Limited understanding of the application of theory to practice, with the student often not making appropriate links between the two.

Weak understanding of the application of theory to practice, with only occasional evidence of the student making links between the two.

Very weak theoretical knowledge and

understanding, with no evidence of appropriate application to practice.

Criteria

Scales

1^st: 70%100%

2^nd: 60%-69%

2.2: 50%-59%

3^rd: 40%-49%

35%-39%

21%-34%

≤20%

Max Grade

100.00

69.00

59.00

49.00

39.00

34.00

20.00

Academic Research and Writing skills 10%

Highly effective presentation of work that is coherently structured and clearly expressed throughout and very well organised. The document demonstrates excellent Harvard formatting

skills

Competent presentation of work in terms of structure and clarity of expression. The document demonstrates sound Harvard formatting

skills

Work is structured in

a largely coherent manner and is for the most part clearly expressed. The document

is fairly well organised.

The document demonstrates a good understanding of the basic elements of Harvard formatting

Ordered presentation which relevant ideas/concepts reasonably expressed. The document is

somewhat

organised. The document demonstrates an adequate understanding of the basic elements of Harvard formatting

Work is loosely, and at times incoherently, structured, with information and ideas often poorly expressed. The document is unorganised, but can be

read. The document demonstrates a weak level of Harvard criterion, but

still contains major deficiencies.

Work is poorly presented in a disjointed and incoherent manner. Information and ideas are very poorly expressed, with weak English and/or inappropriate

style. The

document shows very little Harvard

criterion, and

demonstrates

little

sophistication, i.e., may not include such elements as in text citations, reference page, headers, etc.

The document is

difficult to be read due to errors or misspellings. The document is unorganized to the point being virtually unreadable. The

document

clearly does not comply with the basic requirments of Harvard format.