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 Page 4 of 36 .

The University's graduates are among the most employable in the country with many more going on to further study and training. you have made an excellent decision in choosing to study here. Good luck and enjoy yourselves. We are ready to help and guide you on your journey. We are sure that this year will provide new challenges and experiences for your present and future benefit. but an experience to be enjoyed with its own special rewards. So take full advantage of these opportunities. Prof Ken Mackinnon Head of Law Law Department Aberdeen Business School Page 5 of 36 . It is not just something to get through. If you are a returning student. It is our aim to make your programme of higher education challenging.WELCOME FROM THE HEAD OF DEPARTMENT Dear Student. stimulating and relevant to your needs and goals. Welcome (or welcome back) to the Department of Law at Robert Gordon University. If you are a new student. congratulations on your successful progression to the next stage of the course.

A list of contact details is provided on the next page. law. We have a diverse cohort of students. since it allows problems to be viewed from the perspectives of those with different professional backgrounds. you need to take an active role in order to make your studies a success. coming from a wide range of jurisdictions including the UK. If you have any questions. I hope that you enjoy your learning experience with Robert Gordon University. Europe.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. this programme offers practical and valuable training in the fast moving and highly specialised disciplines of construction law and arbitration/adjudication. Aberdeen Business School. Again. Best wishes. 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. 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. However. At RGU we are dedicated to providing a high quality. engineering. and architecture. It is centred upon the acquisition of practical problem solving skills and the development of specialist legal knowledge in these fields. 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. Bukola Faturoti Course Leader Page 6 of 36 . There is also a wide range of professions represented including surveying. oil and gas sector. practical and interactive learning experience. construction management. and the Far East. This means reading course materials and recommended texts. Either arbitration or adjudication route. Africa. taking part in module activities and interacting with students and teaching staff. This is a huge advantage to all students since there is an opportunity to learn about how issues are dealt with in other jurisdictions. the Middle East. please do not hesitate to contact the relevant person. this is a positive feature of our student body.

udom@rgu.faturoti@rgu.ezeani@rgu.uk HAMISH ROSS h.uk ELIMMA EZEANI e.auchie@rgu.ac.ac.howatt@rgu.uk KOKO UDOM k. 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 Page 7 of 36 .ac.uk Jill HOWATT j.uk ALISON STUART a. you need to prefix the extension number with +44 1224 26.a.ac.ac.j.uk Postgraduate Office Technical Support Moodle support abs-elearning@rgu.p.uk PAUL ARNELL p.uk * NB: to telephone the relevant person.uk CHERIE CONNON c.connon@rgu.ac.ac.ac.arnell@rgu.CONTACT DETAILS NAME BUKOLA FATUROTI b.stuart@rgu.uk DEREK AUCHIE d.ac.ac.ross@rgu.

the Diploma Stage and the LLM/MSc stage. 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 Page 8 of 36 . Since the course is only available in online mode through the virtual campus.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.

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 Page 9 of 36 .

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. adjudication modules in Stage 2. Page 10 of 36 . 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. 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. The reverse order is not permitted.

ARBITRATION YEAR [CERTIFICATE STAGE] ASSESSMENT These modules are assessed by coursework only. These are 6 weeks short courses and they attract separate tuition fees of £600. based on the Institute own similar examination. More information on the delivery of each module can be found in the relevant module handbook. BSS153 Arbitral Award Writing and BSS154 Adjudication Decision Writing Depending on the route they have chosen. 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. BSM579 Legal Systems and Contract Law There will be two pieces of coursework for this module. The pass mark for FCIArb exemption is 55%. 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. This module is need FCIArb status examination exemption and the pass mark for this purpose is 55% while RGU‟s pass mark remains 40%. This module is not needed for MCIArb exemption. 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). This coursework is written and submitted within 24 hours of questions being made available. The pass mark for Chartered Institute of Arbitrators examination exemption purposes is outlined below. BSM652 Construction Adjudication Procedure This module will also be assessed by one piece of coursework. BSM580 Reparation Law and Evidence. Papers are issued in advance and with notes of evidence issued 24 hours prior to the submission Page 11 of 36 . BSM637 Arbitration Practice and Procedure These modules will also be assessed by one piece of coursework. The grade for coursework 1 will contribute 30% of the overall module grade. 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 grade for coursework 2 will contribute 70% of the module grade.STAGE 1 . Students are notified in the 3rd week of the semester of the examination date. BSM601 Arbitration Law BSM651 Construction Adjudication Law There will be one piece of coursework in these modules.

No Chartered Institute of Arbitrators accreditation attaches to Stage 2 modules but they are needed for RICS recognition.cfm?pge=4987 website: Page 12 of 36 . Please see below for fuller information on this. This assessment involves writing an arbitration judgement (award) or adjudication decision in a mock case.rgu. 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 Institute’s own marking guidelines. 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 university‟s http://www4. with the result that 70% is an easier level to obtain than is the case for a standard closed book exam. this paper is marked differently from the others. only for Fellowship exemption (see below).ac. For the RGU purposes students do not need to undertake award writing exercise either for arbitration or adjudication route. More information on the delivery of each module can be found in the relevant module handbook.uk/abs/postgraduate/page. For the avoidance of doubt.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. STAGE 2 . See each module handbooks for more information on the module. it is not required for Chartered Institute Membership examination exemption.deadline.

The total word count for the dissertation must appear on the title page.3 (i)].DISSERTATION LLM/MSc students are required to submit a dissertation of 20. 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. 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. 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. If the subject is primarily legalistic. and normally 100% of the credits to be at Grade C or better. at least 75% of the credits to be at Grade B or better. Students will be penalised for exceeding the word count or failing to reach the minimum word count.000 words (excluding bibliography and footnotes) on a topic of their choice from one of the subjects of their chosen course. whereas in the case of a dissertation subject which considers essentially non-legal issues.STAGE 3 . The designation LLM or MSc will be conferred according to the subject matter of the dissertation. the MSc is the appropriate award. Further information on the referencing conventions which should be adopted is available in the RGU Law Reference Guide. 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. then an LLM degree will be awarded. Where a student has achieved these grades but one of the modules grade is achieved at a second attempt. that is. Page 13 of 36 . Submission of Dissertations by Off-Campus Students All off-campus students may submit their dissertations in person or by post with one electronic copy. 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.

rgu.e. Students will be notified of the exact date of their graduation by the university.Fail Non-submission Where a module has a number of components of assessment. *The award 'with Merit' will be available to both continuing and new students.ac. the student must obtain at least a Grade D in any modules defined as central to the objectives of the course. Assessment Boards and Graduation Graduation occurs in July and December of each year. Key to terms used on university transcripts: Code CP CT Defer Definition Condoned Pass i. at least 75% of the SCQF credits to be at Grade C or better. In addition. 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 Page 14 of 36 . and normally 100% of the SCQF credits to be at Grade D or better. the module performance descriptor will outline clearly what level of performance the student needs to attain in each mode of assessment.uk/governance/dates/ GRADING STRUCTURE The University‟s 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 . in order to gain the overall grades outlined above. Important dates Please see the academic calendar for all university specific dates: http://www.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.

Medical/mitigating circumstances Non-submission Resit/Reassessment Scottish Credit and Qualifications Framework Temporary Suspension of Studies Withdrawn Page 15 of 36 .M NS Refer SCQF TS WD pending further information.

arbitrators. they represent one of the main such hurdles. Although the professional examinations represent only one hurdle in the route to becoming a Member/Fellow of this organisation.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. For further information on the other (non-examination) requirements of Membership/Fellowship status. the student will become exempt from the Fellowship examinations of the Chartered Institute of Arbitrators. 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 Page 16 of 36 . this will allow the student to claim exemption from the Membership examinations of the Chartered Institute of Arbitrators.PROFESSIONAL BODY ACCREDITATION (a) Chartered Institute of Arbitrators (CIArb) If all of the Year 1 modules on the course are passed. 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. By performing to a certain standard on each of the modules. Of course. please consult the web pages of the Institute at www.

PLEASE NOTE THAT A STUDENT IN THIS POSITION HAS ONLY ONE OPPORTUNITY TO TAKE SUCH A RESIT. 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. 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. even where the student would otherwise be entitled to such an exemption (and therefore a credit transfer) for that module under RGU’s Accreditation of Prior Learning (APL) Scheme. IN THE SUMMER (AUGUST) RESIT DIET OF THE SAME ACADEMIC YEAR AS THE MODULE IS FIRST TAKEN. 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. STUDENTS MAY NOT CARRY THIS SPECIAL OPPORTUNITY FORWARD INTO THE NEXT ACADEMIC YEAR. Page 17 of 36 . In either event. (2) Where a student wishes to seek Chartered Institute of Arbitrators examination exemption. 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. 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.*The aggregate mark is calculated according to the weighting between assessment grades for the module – see the module handbooks for further information. an exemption from one of the three Year 1 modules (or from an assessment within any of those modules) cannot be given. THIS OPPORTUNITY IS CONCESSIONARY SINCE RGU REQUIRES TO OFFER A RESIT ONLY TO THOSE STUDENTS WHO HAVE FAILED AT RGU LEVEL. (3) At the end of the academic year. not the RGU grade. 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.

The APC course can be taken concurrently with this course.org/ Page 18 of 36 .rics.(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). Further information on the APC course is available on the RICS website at: http://www. 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).

Textbook on Contract Law (9th edn. BSM 579 Legal Systems and Contract Law McKendrick.com/uk/orc/bin/9780199208012/ Slapper and Kelly. W Green. K Legal Research Skills for Scots Lawyers (2nd Ed. London 2011) ISBN: 978-0-415-60007-1 ISBN: 978-0-2-3-81426-0 [e-book] Ewan McKendrick.wgreen. 2009 (8th edition) Fullerton.RECOMMENDED TEXTS The student is advised to purchase certain texts in order to assist them in particular with the first semester modules.uk/students/downloads. The following is a list of recommended texts for purchase. Oxford University Press. Edinburgh 2001) Poole. DM The Scottish Legal System (8th edn. RoutledgeCavendish. The English Legal System 2011-2012 (12th Ed. Oxford 2008) ISBN-13: 978-0-19-923352-6 Page 19 of 36 . 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. Contract Law: Text Cases and Materials (4th Ed. A further advantage of this text is that it has an associated website. Oxford 2010) ISBN-13: 978-0-19-957979-2. This text also has an associated website which will contain access to updates from September 2008: http://www. Edinburgh 2007) ISBN: 978-0-414-01589-0. The student will also have access to electronic databases and in particular the legal databases Westlaw and Lexis Nexis. W. it covers UK and International materials as well. Oxford University Press. Contract Law.oup. exam revision and the conversion of research into quality output. Although this text is designed primarily for a Scottish audience. Green. Palgrave Macmillan. providing access to updates on the text: http://www.co. It also has material on referencing (to complement the RGU Law Referencing Guide) as well as essay writing.html Optional book list for Legal Systems and Contract Law Walker.

Tort (18th edn. Murphy on Evidence (11th edn. Oxford University Press. Markesinis and Deakin's Tort Law (6th edn. F Evidence . D Lawbasics Evidence (4th edn W. Green. Davies on Contract. Oxford 2009) ISBN978-0-19-956112-4 Auchie. Oxford University Press. Upex. Oxford 2010) ISBN-13: 978-0-19-923228-4 Evidence Raitt. W Green. London 2011) ISBN-978-0-414-04608-5 Deakin. Edinburgh 2011) (Scots law only).9780414016170 Page 20 of 36 . Policy and Practice (W. You should be able to find the relevant cases online. W. G Lawbasics Delict (3rd edn. Delict (4th edn. ISBN. Sweet & Maxwell. Edinburgh 2001) (Scots law only). Bennett & Chuah. Tort/Delict I feel the better textbook for Tort law is: Gilker & Beckwith. It is not necessary to buy a textbook for the law of evidence but should you wish to. Green. Oxford 2008) ISBN-13: 978-0-19-923351-9 Woolman & Lake Contract (3rd edn. Oxford 2007) ISBN-13: 978-0-19-928246-3 Stewart. Sweet and Maxwell. Johnston & Markesinis. Casebook on Torts (11th edn. Tottel. Edinburgh 2008) (Scots law only) Kidner.Poole. I have recommended one. Delictual Liability (4th edn. London 2007) ISBN: 9781847032164 BSM 580 Reparation Law and Evidence I would recommend that you buy one textbook in Tort/ Delict. Edinburgh 2009) ISBN : 9781847663160 Cameron. Thomson. Edinburgh 2004) (Scots law only). using our legal databses. Murphy. London 2008) ISBN: 9781847034472 Samuel.Green. Casebook on Contract Law (9th edn. W Green.Principles. Contract Law: Cases and Materials (Sweet and Maxwell. but if you prefer to buy a casebook. Oxford University Press. (10th edn. there are a few outlined below. Edinburgh 2008) (Scots law only). Oxford University Press.

It is your responsibility to do this and failure to do so may result in you missing important course information. You therefore need to check your university email account regularly.COMMUNICATION Please note that after you enrol you will be given a university email account. graduation information etc. Page 21 of 36 . This will include all results. Thereafter all formal email communication from the university will be via your university email address (and not your personal email address).

either higher or lower than the set word count.COURSEWORK Students must comply with the following rules: A RGU Postgraduate coursework cover sheet MUST accompany any piece of coursework. Page 22 of 36 . EU and international legal materials. The total word count for each essay must appear on the title page. Students must submit an electronic copy of their submission as per the coursework instructions. If the student deviates from the word count by more than 10%. REFERENCING It is essential that the appropriate referencing conventions are adopted consistently throughout your course. The Reference Guide provides details of the appropriate referencing conventions which should be used for Scottish. Students will be penalised for submitting an essay that exceeds the word count or fails to reach the stated word count. then the grade will be reduced by one grade point. The individual module coordinator will set the due date for essays. All courseworks are due by 1:00 p. A copy of the cover sheet is contained later in this handbook. UK.m. on the date of submission. If you fail to comply with the RGU Law Reference Guide you may be penalised. A RGU Law Reference Guide will be attached to your modules along with this handbook.

without properly identifying and referencing the source). Plagiarism (i. copying from another student's work. falsifying or fabricating data. Page 23 of 36 . 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. presenting the thoughts or writings of others as your original work. Where a student‟s extenuating circumstances are accepted the assessment affected will not count as one of the student‟s two assessment diets. serious and acute problems or events genuinely affect your performance in your assessments or your ability to complete coursework on time.ACADEMIC MISCONDUCT/PLAGIARISM Plagiarism is a serious violation of academic standards. and dealt with as academic misconduct in accordance with the University's Academic Regulations. 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). Aiding and abetting another student to commit academic misconduct will be dealt with in the same way. etc. If exceptional. The Aberdeen Business School policy on plagiarism is stated as follows. Please refer to the detailed guidance and application form later in this handbook. Any allegations of such cheating in assessments will be reported to one of the Assistant Deans of the Aberdeen Business School. it is possible to make an application that these be considered by the relevant Assessment Board. are unacceptable behaviour.e.

All modules must be passed before submission of a dissertation. The Assessment Board has discretion to allow a student to proceed to the next stage carrying no more than one module only. They will be charged a re-sit coursework or re-sit dissertation fee.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. Students who fail a module or a dissertation a second time will be excluded from the course. Where a student‟s mitigating circumstances are accepted the assessment affected will not count as one of the student‟s two assessment diets. Page 24 of 36 . A student must normally pass all modules at each stage before being permitted to proceed to the subsequent stage.

2. together with supporting evidence. and one of the 2 assessment opportunities will be lost. I agree that this may be subject to random testing by staff. All coursework must have this standard coursework cover attached to the front of each document fully completed. please indicate which part you are submitting i. (These are available on Level 4. (c) A statement of word count is included on the front of my work. by CW submission boxes).e. Signed: Date: PLEASE ENSURE THAT THIS BOX IS SIGNED. OR YOUR WORK WILL NOT BE MARKED. available on the Virtual Campus or from School Office. 3. 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. Any changes to the assessment schedule will be notified in writing.ABERDEEN BUSINESS SCHOOL MARK/GRADE Postgraduate Coursework Assignment FOR UNIVERSITY USE ONLY Student No. (d) I have read all notes on pages 1 & 2 of this document. This must be completed and submitted. 1. 4. Coursework received late after the specified submission date & time sill receive an NS grade. EXTENSION REQUESTS: You MUST complete a „Request for Coursework Extension Form‟. Page 25 of 36 . (b) The sources of all referenced material have been properly acknowledged. An electronic copy of my work has been put into the drop box on the Virtual Campus. to the Module Co-ordinator prior to the original submission deadline. Full details on Extension Requests are contained in your Course Handbook. via the Virtual Campus or by e-mail. __________________________________________ 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. 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.

6. indicating that the submitted material (including dissertation) is their own work. Falsification or fabrication of data consists of the misrepresentation of the results of experimental work or the presentation of fictitious results. (See further information overleaf). (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. Collusion involves two or more students working together. the work will receive an NS grade. FOR UNIVERSITY USE ONLY Academic Regulations can be viewed at http://www.ac. 8. Students must retain a copy of their coursework and the assessed document until the end of the Session. If the declaration box is not signed by the student the coursework will not be marked and will receive an NS grade. to produce the same piece of work. Students are required to review their work using the JISC Originality Reporting Service and MUST attach the „Originality Report‟ to their submitted coursework. UNDER NO CIRCUMSTANCE SHOULD COURSEWORK BE COLLECTED ON BEHALF OF ANOTHER STUDENT.uk/academicaffairs/quality/ Page 26 of 36 . and will also be informed of any delays in the return of this coursework. Students will be informed of the expected time scale for the return of marked coursework. 9. Text translated into the words of the individual student should in all cases acknowledge the source. whether a printed publication or from electronic media. without the knowledge of the first student. Section A3 Student Conduct.5. without the prior authorisation of the Course Leader. normally 4 working weeks from the submission date. without acknowledgement of their source(s). JISC You are required to test your own work in the JISC service and MUST include the originality report with your submission. Students MUST sign the written declaration on this cover sheet. All material used to support a piece of work. Bribery is the paying. Collusion may also be suspected when one student copies work from another student. offering or attempted exchange of an inducement for information or material intended to advantage the recipient in an assessment. should be appropriately identified and referenced and should not normally copied directly unless as an acknowledged quote. Appeals and Complaints 7. 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. and then attempting to present this work as entirely their own work.rgu. 7. as it may be required for Assessment Board purposes. Tutor or Supervisor. If the report is not attached. Personating consists of a substitute taking the place of a student in an examination or undertaking an assessment on behalf of another.1 (i) Categories of Academic Misconduct Plagiarism is the practice of presenting the thoughts. writings or other output of another or others as original.

COMMENTS (FOR TUTOR USE ONLY) Marker: Date: Page 27 of 36 .

EXTENUATING CIRCUMSTANCES CLAIM FORM SESSION 2009/10 All sections of this form must be completed. 1 Module Number 2 Module Title 3 Coursework submission Date 4 Exam/Class Test Date Page 28 of 36 . 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. It is essential you read the Guidance Notes before completing the form. Complete columns 3 & 4 as applicable.

Page 29 of 36 . Include relevant dates and refer to supporting evidence. (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. Completion of this section is compulsory.Extension to coursework submission date Describe concisely the extenuating circumstances which have caused you to request a coursework extension. SECTION 4 (Only applicable if you ticked (ii).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 .

4. Completion of this section is compulsory. Section 5a: Evidence Submitted List the supporting evidence submitted with this form: 1. Page 30 of 36 .Section 4 continued Impact on Performance Describe clearly how these circumstances affected your performance when preparing for or undertaking the assessment. 2. 3. 5.

5. describe clearly why this was the case. 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.] 1. 4. * This should be submitted no later than ten working days after submission of this Claim Form. You should not delay submitting a form if supporting evidence is not immediately available. Page 31 of 36 .Section 5b: Evidence to be Submitted Later List the item(s) you intend to submit later*. 3. [Complete the box below only if you have additional supporting evidence that is not yet available but which you intend to submit shortly. Forms without supporting evidence will not usually be considered. 2. but it is your own responsibility to submit this evidence as soon as possible.

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. 4. as contained in Academic Regulation A3. Signature Date Data Protection Statement The Robert Gordon University is a data controller under the Data Protection Act 1998. might be applied should there be any doubts about the authenticity of the claim or documents submitted to support the claim. Page 32 of 36 . 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. Please be aware the University’s Disciplinary Procedure for Non-Academic Misconduct. 5. Section 2. 2. Section 7: Declaration By signing this form you are declaring the above information to be accurate to the best of your knowledge. The data will not be transferred to third parties. 3.Section 6b: Evidence to support a late claim List the supporting evidence submitted to justify a late claim: 1.

SCHOOL USE ONLY For completion by School Office Student’s 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: Page 33 of 36 .

acute and unforeseen problems or events which genuinely affect your performance in your assessments or your ability to complete coursework on time. including participation in funeral and associated rites. Exceptional travel circumstances beyond your control which prevented you from attending an examination or other scheduled assessment. 2. You are expected to manage and organise your learning.4 2.1 What are Extenuating Circumstances? Extenuating Circumstances are exceptional. It is important that you keep an academic member of staff fully informed of any difficulties at the time at which they occur. ONLY where the ailment was so severe it was impossible for you to attend an examination. Exceptional personal circumstances (e. By the time they realise they have not coped. and which were outwith your control. 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. as a result. Specifically. 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. It is essential that you do. 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. 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.g. stomach upsets. etc. serious. the following are normally considered as extenuating circumstances: Serious or significant medical conditions or illness (including both physical and mental health problems). unexpected or adverse events which coincide with the preparation of coursework assignments or examinations. please liaise with either your Course Leader or another member of academic staff within your School. Such circumstances do not in themselves excuse failure or a poor performance. or posted by recorded delivery to arrive not later than 5 working days after the examination/assessment. coursework assignments and revision in a way which anticipates that events will not always run smoothly.5 2. acute and unforeseen problems or events and. guardian or close friend.uk/academicaffairs/quality_assurance/page. 2. serious. This list is not exhaustive. If you are experiencing difficulties which are or have impacted on your performance then complete the Extenuating Circumstances Claim Form. and that you may be reluctant to disclose them to a member of University staff. and the University will ensure the information is not disclosed unnecessarily. serious illness or death of an immediate family member. In the normal course of life you may occasionally experience minor illness. 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.3 2. it is too late to submit the Form and the assessment results have been considered by the Assessment Board.2 2. do not keep their School informed of these issues and fail to complete the Extenuating Circumstances Claim Form. The University recognises many problems or events may be very personal and private. EXTENUATING CIRCUMSTANCES CLAIM FORM 1. Do not make the same mistake. being a victim of significant crime). Many students believe they can cope with these exceptional.cfm?pge=43104 In the event you have any questions relating to the completion of this Form.rgu. (ii) 2..ac. migraines.NOTES OF GUIDANCE – EXTENUATING CIRCUMSTANCES CLAIM FORM Note: This guidance relates to completion of the Extenuating Circumstances Claim Form. Ailments such as severe colds.6 34 .

i. 7.e.3 4. to accommodate it. 4.3. Also refer item 6 below. choosing to miss an assessment or coursework deadline for something considered more important). 6.g. Circumstances within your control (e. Problems caused by English not being your principal language. or have been. objective supporting evidence such as a copy of a death certificate or other related document. It is your responsibility to organise and provide supporting evidence. ‘Bunching’ of examinations or coursework deadlines. You should complete the Form in the normal fashion but clearly indicate that the evidence is to follow. failure to plan for foreseeable last-minute emergencies such as computer crashes. Claims made after the published deadline for their receipt. If. supporting evidence can be obtained from your General (medical) Practitioner. The University will not request evidence on your behalf. 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. Any costs incurred for the translation will be the responsibility of the student. You should seek advice in good time from the Study Support Centre or the English Language Tutor. a letter of confirmation from your Personal Tutor. family wedding or holiday. for any reason. 7.2 4. If the medical certificate is not in English then it must be accompanied by a translation by an official translation service.1 35 . etc. Medical Certificates should be specific about the nature of the illness and should include a clear diagnosis. Long term illness or disability. Such conditions can only be considered as mitigation if there is demonstrable evidence the condition deteriorated during the specific period relating to your assessment. Claims without independent supporting evidence. Overseas Medical Certificates International Students are encouraged to register with a local Medical Practice. getting a cheaper flight.1 What is Acceptable Evidence in Support of Extenuating Circumstances Claims? When you submit an Extenuating Circumstances Claim Form you must provide independent.g. Supporting evidence can also be obtained from the Counselling Service. a police crime number notification. headaches. Circumstances which have already been fully catered for by the granting of a coursework extension. misreading the examination timetable). Retrospective evidence will generally not be accepted. printing problems or travel problems resulting in late submission of coursework. as appropriate. What are NOT Extenuating Circumstances? The following are examples of circumstances NOT normally considered in mitigation: Minor ailments such as colds. The Counselling Service cannot produce a letter relating to this event if you have not required previous contact with the University’s Student Counsellor. 4. Likewise. hangovers. not later than five days after the coursework submission date or examination. a client of the Service and have engaged in a Counselling contract at the time of the illness. Hall Warden or other appropriate third party in order for claim to be deemed as valid. To be eligible for this. 4. paid employment. Claims without such evidence will not normally be considered.4 5. To be eligible for this you must have attended the practice at the time of your illness. 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. 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). except where you were unable to meet the submission date for exceptional reasons which can be validated. a court summons. 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. Poor time management or personal organisation (e. you must either be. Lack of awareness or understanding of the University’s published Academic Regulations and procedures. 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.

If there are acceptable reasons. The assessment will not be counted as an assessment opportunity and. Mitigation Rejected Late Coursework Failed (i. 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.7.1 Non-Submission (NS) recorded and the submission will count as one of your normal assessment opportunities. 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. The outcomes of your claim will be reflected in your assessment results when they are released to you following consideration by the Assessment Board. please be aware that only authentic claims will be considered and the University’s Academic Regulation A3. 9. 8. Data Protection Statement The Robert Gordon University is a data controller under the Data Protection Act 1998. 8. a new submission deadline will be negotiated and details of the new date will be issued to you in writing. 20 working days. Any claim which does not meet the criteria for eligibility will be deemed invalid and will be rejected.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. It is important to note therefore that a decision on a particular claim cannot be predicted in advance.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.e. Section 2. The table below indicates the possible outcomes of accepted/rejected extenuating circumstances claims. poor performance) Coursework/Examination Non-submission of Coursework Non-attendance at Examination 9. The length of the re-negotiated deadline will be decided on the individual merits of each case. i. paragraph 6. and that it may be the case that two apparently similar claims result in different outcomes. but only in exceptional cases would the re-negotiated deadline be after the date that marked coursework is returned to students.1 8. another assessment opportunity will be offered. 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 data will not be transferred to third parties. An ‘M’ will be recorded. may be applied should there be any doubts about the authenticity of the claim. 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. normally. 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.2 Finally.e.2 relating to Non-Academic Misconduct. 9. All personal data will be processed according to the Data Protection Principles and in line with the University's Data Protection Policy 36 .

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