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Hollings Faculty

Department of Food & Tourism Management

MSc Trading StandardsPostgraduate Diploma in Trading Standards

Definitive Document

Approved after approval/review/modification on DATE

With effect from intakes in ACADEMIC YEAR

Document last modified on 12 November, 2009

CONTENTS Page

Part One – Programme Specification 4

Programme Specification

Part Two – Programme Regulations 11

1 Admission Regulations

Standard Entry RequirementsAdmission with ExemptionAdmission with Specific CreditAccreditation of Prior (Experiential) Learning (AP(E)L)

2 Curriculum Design and Organisation 13

Curriculum Design OverviewRelationship to Subject Benchmark Statement(s)Assessment Criteria for Marking SchemesArrangements for anonymous marking of summative assessmentsArrangements for the quality management of placement learningAcademic Partnership activityProfessional, statutory and regulatory body linksFlexible and distributed learning (including e-learning)

3 Assessment Regulations 20

Programme-specific regulations

4 Programme Management and Student Support 21

Programme CommitteeBoard of ExaminersProgramme LeaderOther Staff ResponsibilitiesStudent Support StrategyStudent evaluation

Part Three – Curriculum Content 27

Unit syllabus proformas

Appendix A – Bridging Unit

Appendix B – Matrix showing relationship with TSI modules

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PART ONE: PROGRAMME SPECIFICATION

0 Brief descriptive summary

The MSc Trading Standards and Postgraduate Diploma in Trading Standards are both accredited by the Trading Standards Institute and provide exemption from the academic elements of the professional qualifying examination, the Diploma in Consumer Affairs and Trading Standards. The courses are primarily aimed at those who wish to pursue a career in trading standards and are the only such accredited courses in the United Kingdom.

Basic Programme Details

1 Overarching Programme Net-work/Title and programme spe-

cification code(s)

MSc Trading Standards

2 Final award(s)/title(s)(including any PSRB final awards conferred as an automatic result of successful completion of the programme)

MSc Trading StandardsPgDip Trading Standards

3 Combined Honours Subject(s)offered through programme specification together with associated final award(s)(where relevant)

Not applicable

4 Interim exit award(s)/title(s)(including Combined Honours interim exit awards)

Postgraduate Diploma in Trading Standards (PGD)Postgraduate Certificate (PGCert)

5 Mode(s) and duration MSc Trading Standards: one calendar year full-time or two calendar years part-time.Postgraduate Diploma in Trading Standards: one academic year full-time or two academic years part-time.

6 FHEQ position of final award(s) MSc (Level 7)Postgraduate Diploma (Level 7)

7 Awarding institution (include PSRBs which confer a joint or additional qualification on successful completion of programme)

Manchester Metropolitan University

8 Teaching institution(s) Manchester Metropolitan University

9 Relationship with Foundation Year

None

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Administrative Details

10 Home Department/ School/ Institute

Food and Tourism Management

11 Home Faculty Hollings

12 UCAS code(s)

Collaborative Arrangements (where relevant)

13 Approved Collaborative partner(s)

None

14 Description of type of collaborative provision or academic partnership

None

Approval Status

15 Date and outcome of most recent MMU review/ approval

July 2004 (Graduate Diploma in Trading Standards)

16 Next Scheduled Review Date: 2014

17 PS/1 effective date:(ie date from which the outcome of approval or last review is effective OR the date from which amendments to the programme specification are effective)

September 2009

External References/Relationships

18 QAA Benchmark Statement(s) None

19 Date/outcome of last QAA engagement (or equivalent)

Not applicable

20 PSRB(s) associated with final award of programme(eg those which offer professional status/membership/license to practise as result of successful completion of the final award.

Trading Standards Institute

21 Date and outcome of last PSRB approval(s)

Not applicable

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Programme Information

22 University and Programme Educational Aims

University Educational Aims:

To develop flexible approaches to programme delivery and student support which reflect the needs and expectations of our students.

To provide a supportive and inclusive learning environment which will enable success for all learners

To encourage the development of students’ intellectual and imaginative powers, creativity, independence, critical self-awareness, imagination and skills that will enhance global employment opportunities on graduation in all programmes.

To establish a culture of constant improvement in learning, teaching and assessment that is anticipatory, enabling, supportive, rewarding and fully aligned with the University’s vision and strategic objectives.

To provide a learning experience that is informed by research, scholarship, reflective practice and engagement with industry and the professions.

Programme Educational Aims:

To provide a broad, analytical and integrated study of trading standards, consumer legislation and associated consumer-related issues.

To develop students’ intellectual knowledge and professional skills and competencies through a study of consumer legislation and the trading environment.

To prepare students for a career in trading standards in order to enable them to perform as effective, confident and self-motivated trading standards professionals.

To enhance students’ personal qualities appropriate to being a professional in the field, such as developing interpersonal skills, improving investigative abilities, enhancing team-working skills and encouraging individual initiative.

23 Programme Learning Outcomes

MMU Educational Outcomes:

Successful students will be able to develop and demonstrate transferable intellectual skills, in particular their ability to:

communicate clearly in speech, writing and other appropriate modes of expression argue rationally and draw independent conclusions based on a rigorous, analytical

and critical approach to data, demonstration and argument apply what has been learned demonstrate an awareness of the programme of study in a wider context

MSc Programme Learning Outcomes (Level 7):

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assess, evaluate and reflect upon relevant and current practices specific to trading standards and consumer law

be motivated and able to undertake continuing professional development to enhance their skill base and knowledge

demonstrate enhanced powers of critical analysis, synthesis and evaluation communicate effectively, both orally and in writing to trading standards practitioners,

traders and consumers plan, execute and document original academic research strategically analyse trading standards issues

PGD Programme Learning Outcomes (Level 7):




traders and consumers

24 Interim Award Learning Outcomes

PGD Programme Learning Outcomes (Level 7):




traders and consumers

PGCert Programme Learning Outcomes (Level 7):

understand relevant and current practices specific to trading standards and con-sumer law

demonstrate limited powers of analysis and evaluation communicate satisfactorily, both orally and in writing to trading standards practition-

ers, traders and consumers

25 Teaching/Learning and Assessment Strategy

MMU Learning and Teaching Strategy:

to ensure a high quality of educational experience for all students through the provision of high quality learning opportunities

to establish a reputation for the provision of excellent varied, innovative and effective learning and teaching

to ensure that the standards of the resulting qualifications of graduates can be confidently referenced to appropriate national/international comparators

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to capture and disseminate innovatory learning to promote the concept of lifelong learning by enabling students to develop the

experience and skills necessary to achieve a high order of independent thought and action and to form a basis for future learning needs

to ensure that its graduates and diplomats are well prepared for their personal futures and are in a position to add value to the organisation for which they work

to promote within the staff of the University a commitment to imaginative and purposeful engagement with the learning needs of its increasingly diverse student body

to establish, by means of effectual operational and managerial arrangements, long-term capability in learning and teaching.

Programme-specific Strategies

The strategies employed will reflect the fact that there is the PGD learning phase followed by an MSc phase (where appropriate).

The process by which PGD students acquire the necessary analytical and evaluative skills will be based upon a strategy that ensures that responsibility for learning is accepted by students at the earliest opportunity. In each unit emphasis will be on the learning of principles and techniques alongside raising awareness and understanding through tutor-led delivery. In addition, those professional and transferable skills necessary for the work place will be developed and students encouraged to build on their intellectual abilities and to cultivate interpersonal skills, self-confidence and independence. The approach will then build on earlier work by promoting more active student participation in learning. The objectives can then be achieved through a student-centred approach as the unit progresses in which higher-level skills are needed for the analysis of complex issues and organisations, and also for research on a programme-specific issue.

The strategies and teaching techniques described have been selected to progress effective learning. The active participation of students as individuals and in teams will be a major factor in their rapid development from being a recipient of knowledge to a pro-active parti-cipant.

To achieve the objectives of the programme, student learning will also focus on strategic issues, critical analysis and evaluation. Learning manifests itself through demonstration of the ability to argue rationally from a sound basis, a rigorous approach to analysis, and a mature reflective view of information collected during research.

PGD students will bring to the course the skills of an honours graduate. These will enable the student to progress through each unit at a pace as least as fast as the undergraduate, whilst underpinning the content of the unit through a combination of additional self study and attendance at additional tutorials.

The programme employs a diverse range of teaching, learning and assessment methods. These include; formal structured lectures, tutorials, practical exercises, product testing, simulated investigatory practices presentations, group work, self-directed study, Web and Intranet based materials and visiting external experts. The external experts include practitioners and trading standards professionals who provide valuable practical and realistic input to the students’ learning experience. Additionally, they facilitate important links between the professions and the students and staff.

The MSc phase provides the opportunity for students to demonstrate their capacity for individual, self-motivated work via the requirement to prepare and submit a Professional

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Practice Project. This will incorporate a self-initiated investigation of a programme-related topic designed to develop and enhance their skills and abilities in problem identification, analysis and evaluation. It will provide a learning environment within which to conduct an investigation that combines rigorous academic methodology with a critical and constructive approach to the chosen topic.

The holistic nature of both the PGD and MSc encourages students to utilise all the materials and apply them where appropriate across the programmes.The PGD is delivered in part through teaching and learning at level seven of the undergraduate degree. It is, however, supplemented by additional student-centred work and students also receive extra dedicated tutorial support to ensure that they maintain appropriate progress through their studies.PGD students will share key core professional units with undergraduates and will build on these with self-study of relevant underpinning material, reinforced in the dedicated tutorials offered for each unit.

The pace and challenge of the PGD is enhanced when compared to the undergraduate route. Students will be expected to achieve outcomes that are assessed at a higher level than under-graduates, and to this end staff will shift the balance of responsibility for independence in learn-ing to students near to the commencement of each unit.

Assessment strategies not only confirm that the learning outcomes have been met but also provide students with the challenge to demonstrate their range of skills. Feedback on student assessments will ensure that work is consistently at the right level of challenge and will also confirm that outcomes have been achieved. Assessment strategies include written examinations, written assignments, assessed tutorials, case study analyses and laboratory work.

Bridging Unit

Whilst embracing the potentially wide range of applicant knowledge and skills, the programme team recognise the importance of ensuring that all entrants are equipped to be able to benefit from the relevant studies. Accordingly, a suite of bridging material has been assembled (Appendix A). It is intended that these materials will enable a prospective student to demonstrate essential underpinning knowledge as a condition prior to admission to the substantive programme.

26 Programme structures, levels, credits, awards and curriculum mapIncluding specific progression arrangements for Foundation Degrees

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Bridging Unit Studies prior to entry on the course (where appropriate)

Unit TitleEach worth 20 credits

Professional Practice Project(15,000 word limit) Worth 60 credits

Product Safety (PGD)Professional Development (PGD)Fair Trading Law (PGD)Food Standards (PGD)Consumer Credit &Intellectual Property (PGD)Regulatory Framework & Compliance

Exit Point PGCert[60 credits at Level 6]

Exit Point PGD[120 credits]

Exit Point MSc[180 credits]

27 Personal Development Planning and Student Support Arrangements

The programme provides opportunities for students to develop their personal skills across the units. These include communication and interpersonal skills, information technology, research and problem solving.

Each student is allocated a personal tutor for the duration of their studies and tutorials are arranged each term. In addition the tutor is available if a student requires additional help and guidance.

Additionally, the Faculty provides a Student Support Officer to assist students with study skills and provide other support including financial guidance and referral to other support services and networks. The Faculty also provides language support for students where English is not their first language.

On a wider basis, the University provides a student support service, including a counselling service.

28 Placement Learning

Not applicable

29 Points of Reference

Internal

University Mission and Strategic Aims Regulations for the Academic Awards of the University University Regulations for Undergraduate or Taught Postgraduate Programmes of Study Academic Regulations and Procedures Handbook Faculty Programme Approval/Review/Modification Report (date)

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University Learning and Teaching Strategy Staff research Departmental Professional/Industrial Advisory Committee Staff/Student Liaison Committee

External

QAA Framework for HE Qualifications QAA Code of Practice QAA Subject Review report Trading Standards visit report External examiner reports

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PART TWO: REGULATIONS

1 ADMISSION REGULATIONS

Admission to this programme shall be subject to the principle that the University, through the Admissions Tutor concerned, has a reasonable expectation that the applicant will be able to fulfil the objectives of the programme and achieve the standard required for the award.

In dealing with admissions the Programme Leader/Admissions Tutor and any other staff involved, shall have regard to such policies as the Academic Board may from time to time determine.

In considering an application to the programme, evidence will be sought of personal, professional and educational experience that provides indications of the applicant’s ability to meet the demands of the programme.

All applicants shall be considered having regard for the University’s equal opportunity policy and such anti-discrimination legislation as may be in force.

Candidates must have a sufficient command of the English language to be able to meet the requirements of the programme in every respect. For international students, for whom English is not their first language, IELTS at grade 6.5 or TOEFL 575 [or 90 (on-line version) or 233 (computer-based)] is a requirement for admissions to the programme.

When considering the suitability of an applicant for a place on the programme the following factors will usually be taken into account: The applicant’s qualifications; The information given in supporting academic references; The applicant’s personal statement.

Overseas ApplicantsOverseas applicants will be assessed using the same factors as listed.

1.1 Standard Entry Requirements

1.1.1 Entry to Year 1

All applicants will be interviewed and, subject to the entry condition detailed below, will be admitted to the programme if they can offer:

An Honours degree (normally a lower second or better) in a discipline which reflects significant elements of the legal or social basis of the programme, or

Alternative entry qualifications (such as a degree in an unrelated discipline) or (accredited) experience that has been approved by the admissions team (Admissions Tutor and Programme Leader) after scrutinising evidence of qualifications, learning, experience and motivation.

Additional Entry Requirements – Bridging Studies

The admissions team (Programme Leader/Admissions Tutor) will interview each applicant and evaluate all qualifications and other evidence of learning to establish if the student needs to undertake the Bridging Unit in Law, which is described in detail in the Bridging Unit handbook. The decision will be made soon as possible after the entry application has been received to provide the maximum time for study. Bridging students will undertake formative

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assessments, summative assessments and an examination before the end of August each year. Students will not normally be allowed to start the Bridging Unit after the end of July each year.

It will be a condition of entry that the undertaken Bridging Unit must be passed prior to entry to the programme.

1.1.2 Entry to Subsequent Years

Not applicable

1.2 Admission with exemption

No exemptions are offered.

1.3 Admission with specific credit

Applicants that have attained TSI modules with equivalent content to those on the PGD may be eligible for admission with specific credit.

1.4 Accreditation of prior (experiential) learning (AP(E)L)

AP(E)L will be considered on an individual basis by the admissions team.

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2 CURRICULUM DESIGN AND ORGANISATION

2.1 Curriculum Design Overview

This Masters programme is designed to offer graduate level entrants an opportunity to engage in further postgraduate academic studies in trading standards. Its accreditation by the Trading Standards Institute (TSI) will provide successful students with an opportunity to subsequently obtain that Institute’s Diploma in Consumer Affairs and Trading Standards (DCATS).

To facilitate entry to the programme, the admission criteria is generally linked to the legal or social basis of the course. However, it is recognised that the programme will be attractive to a wide range of applicants. This may include recent graduates with a degree in a related or a completely unrelated discipline. Additionally, those wishing to extend or update their studies, those considering a career change or those employees within consumer-related agencies may be attracted to the programme.

Whilst embracing the potentially wide range of applicant knowledge and skills, the programme team recognise the importance of ensuring that all entrants are equipped to be able to benefit from the relevant studies. Accordingly, those students without a law degree (or equivalent) are required to undertake a Bridging Unit (Appendix A) during the Summer prior to entry. The materials within this Unit enable a prospective student to demonstrate essential underpinning knowledge as a condition prior to admission to the substantive programme.

The programme team’s experience of the GDTS strongly indicates that although applicants will possess a wide range of skills, knowledge and experience, they will all be able to demonstrate the required flexibility, adaptability and motivation for studies in this vocationally-focussed programme. Furthermore, having already attained graduate status, they will have the ability to make critical judgments and partake in reflective study. They will bring with them the maturity, experience and drive which enhances the capacity and willingness to learn effectively and quickly and be able to embrace and evaluate the broad range and depth of material delivered on the programme.

Flexibility

As stated above, students from a diverse spectrum of backgrounds and with diverse academic experience may enter the programme. The programme itself consists of a range of learning and teaching strategies and there is a real emphasis on the students demonstrating their capacity for individual, self-motivated learning. They are required to take responsibility for their own learning commensurate with postgraduate study. Web and intranet studying and research is positively encouraged.

Students have the opportunity to study the programme full-time or part-time and, as well as the MSc, there are the interim exit points of a Postgraduate Certificate in Trading Standards (60 credits) and Postgraduate Diploma in Trading Standards (120 credits).

Although full-time attendance is expected, during the duration of the programme students may be given the opportunity to receive a few days work experience with a trading standards department. As these opportunities may be limited, the programme team encourage the uptake of such experience provided they have minimal effect on the student’s learning experience at the University. Furthermore, there is an appreciation that with maturity comes added responsibilities (such as family commitments) and the team are sensitive to the issues that may arise in this area.

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Diversity

The curriculum has been designed to provide the appropriate vocational focus for those wishing to pursue a career in trading standards. However, within this framework, the programme materials cover a wide range of topics. Some of these are quite specific in nature, such as product safety. Others provide a more holistic view of regulatory activities and the background to enforcement rationales. A range of teaching techniques and methods are used along with practical and role-play sessions and the use of guest speakers and professionals.

Inclusivity

Throughout the programme, the teaching and materials are placed within the context of the broader picture. As well as the legal focus, other relevant and appropriate issues such as social, economic and environmental factors, are an integral aspect of the delivery.

Employability

The existing Graduate Diploma in Trading Standards (GDTS) was accredited by TSI as providing the knowledge requirements for the Higher Diploma in Consumer Affairs and Trading Standards (HDCATS). The HDCATS is the highest qualification in the Institute’s integrated qualifications framework for the trading standards profession (the next highest qualification is the Diploma in Consumer Affairs and Trading Standards (DCATS)). The GDTS has been delivered in its current format for four years and the programme team believe it has been a successful and well-respected course. It offered graduates the opportunity to convert to a professional career in a minimum time period. However, it has become apparent from the team’s own observations along with the feedback from students that it could be developed, improved and tailored more to the needs of those starting out in a career in trading standards. Currently, it incorporates management and strategy-based subjects to satisfy the Institute’s HDCATS. However, those just beginning a career in the profession would benefit from receiving more material related to everyday enforcement activities that a newly qualified officer would encounter. As such, the PGDTS has removed or reduced some of these HDCATS materials and replaced them with subject-specific areas i.e. food standards and consumer credit. This will mean that the students will have the knowledge requirements for the DCATS rather than the HDCATS.

The programme aims to produce high quality professionals who can operate effectively and successfully in the field of trading standards. Although the vast majority of career prospects are within that profession, opportunities also exist in the private sector.

Quality Enhancement

The programme meets the University requirements for quality assurance and the policies and procedures comply with the Academic Regulations and Procedures Handbook.

Research, Scholarship and Reflective Practice

The programme enables students to develop and demonstrate research skills commensurate with postgraduate studies. It is delivered in part through teaching and learning at level seven and supplemented by additional student-centred work. Students also receive extra, dedicated, tutorial support to ensure that they maintain appropriate progress through their studies. The pace and challenge of the programme is enhanced when compared to the undergraduate route. Students are expected to achieve outcomes over a shorter time scale than undergraduates, and to this end staff shift the balance of

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responsibility for independence in learning to students near to the commencement of each unit. Students opting for the Masters award will be prompted to start thinking about the Professional Practice Project during the currency of the PGD. The Professional Practice Project will be submitted to the University in the September i.e. one calendar year after enrolment.

2.2 Relationship to Subject Benchmark Statement(s)

There is no relevant subject-specific Benchmark Statement published. The PGD and MSc are both designed to meet the outcomes of the accrediting syllabus of TSI (see Appendix B).

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2.3 Assessment Criteria for Marking Schemes

Programme Map MSc Trading Standards (Full time)

Year 1

Law Bridging Unit (as required)

Consumer Credit & Intellectual Property (PGD)

Professional Practice Project (15,000 word limit) worth 60 cred-its.Fair Trading Law (PGD)

Food Standards (PGD)Product Safety (PGD)Professional Development (PGD)Regulatory Framework and Compliance

Programme Map MSc Trading Standards (Part time)

Year 1 Year 2

Law Bridging Unit (as re-quired)

Fair Trading Law (PGD)


Professional Practice Project (15,000 word limit) worth 60 credits.

Product Safety (PGD) Food Standards (PGD)Professional Development (PGD)

Regulatory Framework and Compliance

Programme Map Postgraduate Diploma in Trading Standards (Full time)

Year 1

Law Bridging Unit (as required)

Consumer Credit & Intellectual Property (PGD)Fair Trading Law (PGD)Food Standards (PGD)Product Safety (PGD)Professional Development (PGD)Regulatory Framework and Compliance

Programme Map Postgraduate Diploma in Trading Standards (Part time)

Year 1 Year 2

Law Bridging Unit (as re-quired)

Fair Trading Law (PGD)


Product Safety (PGD) Food Standards (PGD)Professional Development (PGD)

Regulatory Framework and Compliance

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Assessment Schedule

Level Unit Title Credits Coursework ExaminationLevel Seven – MSc in Trading Standards (taught element)Level Seven – Postgraduate Diploma in Trading Standards

7 Consumer Credit & Intellectual Property (PGD)

20 Assignment 40% 3 hours 60%

7 Fair Trading Law (PGD) 20 Assignment 35%Assessed tutorials 15%

3 hours 50%

7 Food Standards (PGD) 20 Assignment 30%Practicals 30%

3 hours 40%

7 Product Safety (PGD) 20 Assignment 35%Assessed tutorials 15%

3 hours 50%

7 Professional Development (PGD)

20 Assignment 50%Reflective assignment 25%Assessed exercises 25%

7 Regulatory Framework and Compliance

20 Assignment 50% 3 hours 50%

7 Professional Practice Project

60 Proposal 10%Project 90%

2.3.1 Level Descriptors

All summative assessment is marked in accordance with the University’s marking scheme, based on the following grading bands:

0% - 44% Fail45% - 49% Marginal Fail50% - 59% Pass60% - 69% Pass with Merit70% - 100% Pass with Distinction

These bands are aligned with the generic marking descriptors specified in the Manchester Metropolitan University Assessment Regulations for Taught Postgraduate Programmes of Study 2008/9.

Programme-specific Level Criteria

70 % or above

The student will have achieved all the learning outcomes of the unit at an excellent or outstanding level showing clarity of understanding, analysis and evaluation.

60 – 69 %

The student will have demonstrated intellectual thought that includes critical thinking, analysis and the ability to draw conclusions and make recommendations. All the learning outcomes of the unit will have been achieved at a good level.

50 – 59 %

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The student will have demonstrated evidence of critical thinking. All the learning outcomes of the unit will have been competently achieved. There will be some substantive and developed evidence of understanding.

45 – 49 %

The student will have demonstrated a basic proficiency in intellectual understanding in most but not all elements. Some of the learning outcomes of the unit will have been achieved at threshold level. The content will be descriptive rather than analytical.

44 % or below

The student will not have demonstrated proficiency in intellectual thought. The learning outcomes of the unit will not have been achieved. The content will be descriptive rather than analytical.

Trading Standards Institute Criteria

The Trading Standards Institute require a pass mark of 40% (rather than the University pass mark of 50%). A graduate will be exempt from the relevant Trading Standards Qualification Framework (TSQF) knowledge requirements where he or she can demonstrate a pass mark of 40% in each matching TSQF component. However, there is a restriction on the extent of any internal compensation (e.g. if a unit comprises examination and coursework, the minimum acceptable mark in either component is 35%).

Where a matching unit satisfies more than one TSQF unit, students who wish to claim exemption from the knowledge requirements of the TSQF will be required to demonstrate a pass mark of 40% in each TSQF component.Graduates who meet these requirements will not be required to pass any TSI written examinations in the above subject areas. They will, however, after leaving university, need to acquire practical skills in a workplace environment evidenced by completion of subject portfolios together with successful completion of relevant practical and oral examinations.

Those students who fail to meet TSI requirements (but satisfying university regulations on progression etc) will be advised and given the opportunity to repeat the relevant assessment(s) for TSI purposes. This will not affect any marks recorded for university purposes.

2.4 Arrangements for anonymous marking of summative assessments

All summative assessments will be marked anonymously in accordance with University requirements.

Students complete a receipt form for each assessment. This form requires the student to indicate their student number as identification (not their name). The form is in triplicate, with one copy being retained by the student, one is retained by the Student Life Office and the third copy being attached to the work. The subsequent moderation process also takes place anonymously. All written examination scripts are marked anonymously.

The exceptions to anonymous marking are (i) assessed presentations to peers and students and (ii) assessed tutorials in certain units. In both cases, these usually account for only a small part of the assessment mark in the relevant unit.2.5 Arrangements for the quality management of placement learning

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Not applicable to this programme.

2.6 Academic partnership activity

Not applicable to this programme.

2.7 Professional, Statutory and Regulatory Body Links

The programme is accredited by the Trading Standards Institute, the professional body for the trading standards profession. Students awarded either the MSc or PGD are exempt from all the knowledge requirements of the Institute’s Foundation Certificate in Consumer Affairs and Trading Standards (FCATS) and approximately half of the knowledge requirements of the Diploma in Consumer Affairs and Trading Standards (DCATS). Appendix B contains a matrix indicating where the PGD and MSc (taught elements) satisfy the Institute’s requirements.

2.8 Flexible and distributed learning (including e-learning)

The programmes are currently seeking to utilise more blended learning through the units. It is envisaged that Web CT will be in full operation at the start of the academic year 2009/10.

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3 ASSESSMENT REGULATIONS

3.1 Statement on MMU Regulations for Postgraduate Programmes of Study

The programme operates under the provisions of the Manchester Metropolitan University Assessment Regulations for Taught Postgraduate Programmes of Study 2008/9.

3.2 Programme-specific regulations

3.2.1 Student attendance and absence

Students are required to attend all sessions for which they are timetables. Individual units may have specific requirements that are described in the relevant Unit Descriptor.

Attendance is deemed to be compulsory for all sessions and assessments as stipulated on timetables and in the syllabus. Attendance is monitored on a regular basis and students with poor levels of attendance are initially counselled and advised accordingly. However, persistently poor attendance can lead to removal from the programme.

3.2.2 Approved variation or exemption from MMU Regulations

There are no variations or exemptions from MMU Regulations.

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4 PROGRAMME MANAGEMENT AND STUDENT SUPPORT

4.1 Programme Committee

4.1.1 Membership

The Programme Committee will consist of the following members: Programme Leader (Chair) Head of Department of Food and Tourism Management (ex officio) Dean of Faculty (ex officio) Unit Leaders Members of full-time and part-time staff teaching on the Programme One student representative elected from each stage of the programme Library representative ICTS Representative Faculty student support officer Departmental Administrative Officer who will act as Secretary to the Committee

4.1.2 Responsibilities

The Committee will meet twice a year, or more frequently if necessary. It will be responsible for:

i the maintenance and enhancement of the academic standards of the Programme

ii the monitoring and evaluation of the Programme and in particular evaluating its operation, its delivery and standard, its teaching methods, its curriculum aims and students' needs

iii ensuring the Programme operates in accordance with the approved Programme scheme

iv agreeing recommendations for changes to the Programme (content and structure) and on any matter affecting the operation of the Programme

v considering and implementing at Programme level such policies as may be determined by the Academic and Faculty Board in relation to:

programmes, teaching and learning, the content of the curriculum;the assessment and examination of students (in conjunction with Board of Examiners);criteria for the admission of students;research, scholarship and Programme-related staff development;the appointment of internal and external examiners;the retention, support and progression of students.

vi advising the Academic Board on such matters as v above

vii ensuring the academic development of the Programme

viii advising the relevant Head of Department/Dean through the Programme Leader on the resources needed to support the Programme

ix contributing to the formulation of institutional academic policy and considering such other matters as may be appropriate to the operation of the Programme or as may be referred to the committee by Faculty or Academic Board.4.2 Board of Examiners

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4.2.1 Membership

The Board of Examiners shall comprise: Head of Department of Food and Tourism Management (or equivalent) Dean of Faculty (ex-officio) Programme Leader(s) Unit Leaders Internal Examiners (defined as those staff, both full and part-time associated with assessment which are the responsibility of the Board) The External Examiners appointed for the programme(s)

4.2.2 Responsibilities

i The Board of Examiners shall be responsible to the Academic Board for all the programme assessments that contribute to the granting of academic awards and for recommending the granting of awards to candidates who it is satisfied have fulfilled the objectives of the programme of study, demonstrated fulfilment of the associated learning outcomes and achieved the required standard.

ii In exercising its responsibilities, the Board of Examiners has the discretion, subject to the provision of the regulations of the University, to reach such a decision in respect of candidate’s assessment(s) and award as it may deem appropriate having regard for the need to ensure that justice is done to individual students and that the standards of the University’s awards are maintained.

4.2.3 Functions

The Board’s functions shall include:i recommending the conferment of an award upon a student who, in the judgement of

the board, has fulfilled the objectives of the approved programmes of studies, demonstrated fulfilment of the associated learning outcomes and achieved the standard required for the award;

ii determining the award, including the level of Honours where applicable, to be recommended under (i) above.

iii applying the University’s examination and assessment regulations to the programme;

iv considering, moderating and approving examination papers, and marking schemes, if any, for all assessed examinations relating ot the programme;

v consider and approving and assignments or projects which form part of the scheme of assessment;

vi assessing written or oral examinations;

vii assessing any project or coursework which forms part of the scheme of assessment;

viii receiving and considering any communication relevant to tits functions;

ix reporting matters of policy and significance to the Academic board;

x such other functions as the Academic board shall determine.4.2.4 Sub-Committees

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The Board of Examiners may appoint sub-committees to deal with special aspects of its work other than the final assessment of candidates and may delegate to sub-committees such duties as preparing draft examination papers and assignments, marking scripts, considering and approving the titles and outlines of projects and theses, assessing course work and preparing evidence for presentation to the Board of Examiners, subject to the overriding authority of Board of Examiners and the rights and responsibilities of individual examiners.

4.2.5 Subsidiary Examination Committees

The Board may appoint subsidiary examination committees which must include at least one approved external examiner in their membership. Such subsidiary examinations committees may not make decision on behalf of the Board of Examiners but sdhall make such recommendations as they may consider appropriate to the main Board of Examiners.

4.2.6 Duties of Board Members

i The duties of the Chair of the Board of Examiners shall include convening meetings, corresponding and communicating with External examiners between meetings and accepting responsibility for the correct recording of decisions and recommendations of the Board.

ii The duties of the Internal Examiners shall include preparation of draft examination papers, assessment schemes, marking scripts, assessing projects and theses, drawing up and presenting to the Board of Examiners such reports as may be required and attending meetings of the Board.

iii The role, authority, duties and rights of External Examiners shall be defined in the regulations on external examiners made by the Academic Board.

4.2.7 Treatment of Extenuating/Mitigating Circumstances

The Hollings Faculty operates a procedure for the consideration of extenuating circumstances which should be read in conjunction with the Regulations for Undergraduate Programmes of Study, Procedure for Students to Disclose to Boards of Examiners Exceptional Factors Affecting Their Performance During Written Examinations or Other Forms of Assessment and Recommendations for the Operation of Exceptional Circumstances Boards.

If a student believes that their failure to meet a submission date was due to extenuating circumstances they may submit a request to have their position reviewed. This request must be made in writing to their Group Tutor using the Disclosure of Exceptional Factors Affecting Performance in Examinations or other Assessments Form which is available from the Departmental Office. Students should attach appropriate documentary evidence to this form. The Exceptional Circumstances Board will meet to consider the information and evidence submitted on the disclosure form and will report to the Chair of the Board of Examiners on its recommendations and an audit trail of all decisions made will be held by the Department. The final decision rests with the Board of Examiners or the Chair of the Board acting on its behalf.

Further information on penalties for late submission of work can be found in the Regulations for Undergraduate Programmes of Study.

4.3 Programme Leader

24

The appointment and duration of office of a Programme Leader shall be determined by the Head of Department in consultation with the appropriate Dean of Faculty. Programme committee recommendations shall be addressed through the Programme Leader to the Head of Department who in turn shall report to the relevant Dean of Faculty.

The Programme Leader shall be responsible for:

Chairing the Programme Committee, and arranging for such meetings of the Committee and its sub-committees as considered appropriate.

Acting as the Chief Executive Officer to the programme. As such, will be responsible, within the agreed policies of the Programme Committee, Faculty and Academic Boards, for the efficient operation of the programme as approved by the University.

All matters pertinent to the proper day to day operation of the programme. Advise the Programme Committee on its proper responsibility for the continuing

development of the programme. Liaising on behalf of the Programme Committee with the Dean of Faculty, and other

officers as appropriate. Be empowered to take on behalf of the Programme Committee any reasonable action with

respect to the proper functioning of the programme.

4.4 Other Staff Responsibilities

The main responsibilities of Unit Leaders are:

Overseeing the unit and co-ordinating with all staff teaching on the unit; Preparing the Unit Handbook, including all the assessments and ensuring that it is issued

to students; Liaising with the External Examiners in relation to assessment and overall student

performance; Carrying out end of unit evaluation in order to promote a quality learning experience; Ensuring that Unit marks are input on the database; Preparing the Unit Report at the end of the teaching period; Advising the Programme Leader on unit development, review and minor modifications; Attending and contributing to the meetings of the Programme Committee and the Board of

Examiners; Providing specific academic support relating to the unit.

The Admissions Tutor is responsible for:

Managing the organisation and implementation of the Admissions programme in accordance with Departmental, Faculty and University policies, reporting to the Programme Committee;

Co-ordinating applications, interviews and portfolio assessments and make admission decisions based on this.

4.5 Student Support Strategy

25

Departmental Policies ensure that various mechanisms are in place to enhance the student experience, in an academic, practical and pastoral way:

The Programme Leader has a duty to ensure students are given all the relevant information about their teaching programme;

Student Programme handbooks give students relevant information on learning, teaching and assessment;

Induction programmes ensure that students are given information and advice on using the Library, IT facilities and Media Services;

Students are kept up to date with issues relating to their programme of study via the programme Leader and/or unit leaders;

Student group representatives are elected to the Programme Committee and are able to voice any general concerns regarding learning and teaching;

Unit leaders are available with specific advice regarding their part of the syllabus; Personal tutors are available at any time but also all students meet with their personal

tutor on a formal appointment basis and students are ensured confidentiality when requested;

Personal Tutors will guide the student to the most appropriate help; Students are introduced to all the University Student Services and are encouraged to seek

the most appropriate help. The Faculty student support officer.

4.6 Student evaluation

Student feedback is essential to programme development and student comments are used to enhance both the successful management of the programme and the teaching/learning strategies. All students are asked to provide feedback at then end of each unit of study as well as at the end of the entire programme.

Student observations are considered through the tutorial systems and through the student voice on Programme Committees. Questionnaires are also used to elicit students’ views and opinions. The data gathered from all of these mechanisms is used in the Annual Monitoring Exercise and forms part of the development of the Programme Quality Action Plan.

As detailed previously Student Representatives are elected each year to act as the student ‘voice’ at Programme Committee meetings. It is the task of the Programme Leader to ensure that student representatives are fully aware of their role and responsibilities, and should support them in the fulfilment of their duties.

The MMU Students’ Union provides training for student representatives. The University strongly supports this initiative and Programme Leaders should encourage student representatives to take the opportunity of the training provided.

The role of student representatives is:

26

To represent their fellow students; To bring key issues concerning the management of the programme (including learning,

teaching, assessment and learning support) to the attention of the programme team; To participate in the Annual Monitoring Exercise as members of the Programme

Committee; To provide advice to the Programme Team on issues relating to the quality of the student

learning experience; To provide advice to the programme team on the operation of processes for the polling of

student opinion on the learning experience, its analysis, response and publication; To be consulted about proposals for programme development; To be members of the student/staff liaison committee if such a group has been established

by the programme committee.

4.7 Engagement with Employers

The Programme Team engage with employers on a regular basis. Practising Trading Standards Officers (including alumni) are used to provide a practitioner’s perspective on the rapidly changing trading standards service.

27

PART THREE: CURRICULUM CONTENT

28

29

1 UNIT TITLE Consumer Credit and Intellectual Property (PGD)2 BRIEF SUMMARY This module is intended to give candidates a detailed

knowledge of the law relating to consumer credit, and the statutory controls in relation to intellectual property.

3 UNIT CODE NUMBER4 HOME PROGRAMME MSc Trading Standards

Postgraduate Diploma in Trading Standards

5 HOME DEPARTMENT Department of Food and Tourism Management

6 SUBJECT AREA7 UNIT LEADER(S) Jill Gavin-Pitt

8 CREDIT VALUE 20 CREDITS AT LEVEL:

7

9 AMOUNT OF STUDENT EFFORT (HOURS)

200

10

UNIT STATUS Mandatory Core

11

PRE-REQUISITES None

12

CO-REQUISITES None

13

UNIT LEARNING OUTCOMES

Upon completion of this unit, students will have attained or demonstrated:

1. A detailed understanding of the need and justification for laws relating to the protection of intellectual property.

2. A knowledge and critical application of the civil and criminal law provisions that attempt to protect copyright and trade marks.

3. The rationale behind the relevant legal controls.4. An ability to utilise relevant sources of law.5. An understanding of and the ability to critically assess

the main criminal regulation of the consumer credit sector.

6. An understanding of and the ability to critically assess the main aspects of the civil law relating to this area.

7. An ability to evaluate other provisions covered by the Consumer Credit Act 1974.

8. The ability to critically evaluate relevant enforcement mechanisms.

9. An understanding of developments in the law and any proposals for change.

10. An ability to utilise relevant sources of law.

14

CURRICULUM OUTLINE

Overview, historical background, political perspective, social context, current issues.

Relevant civil and criminal provisions of the Copyright, Designs and Patents Act 1988.

Relevant civil and criminal provisions of the Trade Marks Act 1994.

European and international dimension. Passing off Anti-counterfeiting organisations. Enforcement mechanisms in relation to counterfeiting. Historical background and political perspective. Social context, current issues. Identification of regulated and non-regulated consumer

credit agreements subject to the requirements of the legislation

The application of legal principles relating to consumer credit regulated agreements

Knowledge of matters affecting and influencing

1 UNIT TITLE Fair Trading Law (PGD)

2 BRIEF SUMMARY The aim of this unit is to provide candidates with a detailed knowledge of key consumer protection legislation and an appreciation of the mechanisms and framework for securing compliance.

3 UNIT CODE NUMBER

4 HOME PROGRAMME MSc Trading StandardsPostgraduate Diploma in Trading Standards


6 SUBJECT AREA

7 UNIT LEADER(S) Jill Gavin-Pitt

8 CREDIT VALUE 20

CREDITS AT LEVEL:

7

9 AMOUNT OF STUDENT EFFORT (HOURS)

200

10

UNIT STATUS Mandatory Core

11

PRE-REQUISITES None

12

CO-REQUISITES none

13

UNIT LEARNING OUTCOMES

Upon completion of this unit, students will have attained or demonstrated: -1. An understanding of key civil law concepts in depth,

with particular application to consumers2. A clear awareness of the relationship between the

criminal and civil provisions of relevant legislation.3. An ability to critically appraise the effectiveness of

relevant mechanisms in protecting consumers 4. An ability to resolve real and hypothetical cases within

the sphere of criminal and civil fair trading law.5. Critical assessment of the effectiveness of the relevant

legislation.6. An ability to formulate appropriate advice in a fair

trading law context.7. Critical assessment of developments in the law and any

proposals for change.8. A critical understanding of methods for securing

compliance with trading legislation including proactive and reactive activities

9. An ability to compare the appropriate techniques for securing compliance.

10. An appreciation of the rationale behind the relevant

31

legal controls.11. A critical understanding of and ability to apply the

common law and statutory provisions that regulate contracts for the supply of consumer goods and services.

12. A critical understanding of the responsibilities, precautions and diligence requirements applicable to those involved in businesses selling goods and services to consumers, including those trading in the package travel industry and the sale of property

13. The application of the laws relating to the pricing and description of goods and services

14. The appropriate means of tackling rogue trader activity and recognising scams and the available options for consumer protection

15. An ability to critically assess the relationship between the criminal and civil provisions of the relevant legislation and the knowledge of offences, powers and sanctions available for the control of trade practices and maintenance of a fair trading environment

16. The application and interpretation the main criminal controls that attempt to promote a fair trading environment.

17. An ability to assess developments in the law and any proposals for change.

14

CURRICULUM OUTLINE

Overview, historical background, political perspective, social context, current issues.

Sale of Goods Act 1979 (as amended) Sale and Supply of Goods to Consumers Regulations

2002 Supply of Goods (Implied Terms) Act 1973 Supply of Goods & Services Act 1982 Unfair Contract Terms Act 1977 Unfair Terms in Consumer Contracts Regulations 1999 Consumer Protection (Distance Selling) Regulations

2000 Enterprise Act 2002 Part 8 Cancellation of Contracts Made in a Consumer’s Home

or Place of Work etc Regulations 2008 Part I of the Consumer Protection Act 1987 Consumer Credit Act 1974 s.19, 56 and 75 “ Package Travel, Package Holidays and Package Tour

Regulations 1992 Consumer Protection from Unfair Trading Regulations

2008 Price Marking Order 2004 Enterprise Act 2002 Part 8 Property Misdescriptions Act 1991 and related

legislation Hallmarking Act 1973 Estate Agents Act 1979 Theft Act 1968, 1978 The Fraud Act 2006 Business Names Act 1985 Business Protection from Misleading Marketing

32

Regulations 2008 Control of Misleading Advertising Regulations 1988 Timeshare Act 1992 Price Indications (Bureaux de Change)(No.2)

Regulations 1992 Video Recordings Act 1993 House Act 2004 Consumers, Estate Agents and Redress Act 2008 Trading Schemes Act 1996 Relevant road traffic legislation

15

LEARNING AND TEACHING ACTIVITIES

A combination of lectures, tutorials and directed studyDelivery is in one and two hour sessions providing an opportunity for discussion and exploration of the relevant issues. External speakers are also invited to present to candidates allowing for an insight into the practical aspects of the topics covered.

16

ASSESSMENT STRATEGIES

Written Assignment (35%) (Learning Outcomes 1-17)3 hr examination (50%) (Learning Outcomes 1-17)Assessed tutorials (15%) (Learning Outcomes 1-17)

17

ASSESSMENT CRITERIA FOR UNIT / ELEMENTS OF ASSESSMENT

See Programme level assessment criteria contained within the Definitive Document.

18

INDICATIVE STUDENT LEARNING RESOURCES

Butterworth’s Trading and Consumer Law (Butterworth) accessed via Local Government Direct electronic databaseMiller’s Product Liability and Safety Encyclopaedia (Butterworth) accessed via Local Government Direct electronic databasePaul Dobson and Rob Stokes Commercial Law, 7th Edition, Sweet & Maxwell. (2008)McLeod, Consumer Sales Law, 2nd Edition, Routledge Cavendish (2007)Lowe and Woodroffe Consumer Law and Practice (7th

Edition) Sweet and Maxwell (2007)Howells & Weatherill, Consumer Protection Law, 2nd Edition, 2005, AshgateHarvey and Parry The Law of Consumer Protection and Fair Trading (6th Edition) Butterworths (2000)Holloway D. Commercial Law Old Bailey Press (1997)Howells and Weatherill Consumer Protection Law Dartmouth (1995)Leder M. and Shears P. Consumer Law Pitman Publishing (1996)Lowe and Woodroffe Consumer Law and Practice (7th Edition) Sweet and Maxwell (2007)MacIntyre E. Consumer Law (Blackstone’s LLB Cases and Materials) Blackstone Press Ltd (1999)MacIntyre E. Consumer Law (Blackstone’s LLB Learning Texts) Blackstone Press Ltd (1999)Oughton and Lowry Textbook on Consumer Law (2nd Edition) Blackstones (2000)Scott and Black Cranston’s Consumers and the Law Butterworths (2000)

33

Stephenson G. and Clark P Commercial and Consumer Law Blackstone Press(1995)Consumer Policy ReviewConsumer Law TodayTrading Law & Trading Law ReportsNew Law Journal TS Today

34

1 UNIT TITLE Food Standards (PGD)2 BRIEF SUMMARY Examines the main food manufacturing methods and relevant

legal controls that apply to them. Enables students to effectively inspect, determine and control food standards



5 HOME DEPARTMENT Department of Food & Tourism Management

6 SUBJECT AREA7 UNIT LEADER(S) S. Eddy


7

9 TOTAL AMOUNT OF STUDENT LEARNING (NOTIONAL HOURS OF LEARNING)

200

10 UNIT STATUS Mandatory Core

11 PRE-REQUISITES None

12 CO-REQUISITES None

13 UNIT LEARNING OUTCOMES

On successful completion of this unit students will be able to have attained or demonstrated:

1. An ability to identify the principal food production methods.

2. The assessment, application and critical examination of the law relating to the composition, labelling and advertising of food.

3. The assessment, application and critical examination of the law relating to food safety and hygiene.

4. An ability to identify and examine the responsibilities and liabilities of those involved at each stage of the food production chain including the role of the enforcement and other agencies.

5. An understanding, assessment and critical examination of relevant offences.

6. An understanding, assessment and critical examination of the defences available within food law and how such defences may be achieved in practice.

7. An understanding of food hygiene principles as they relate to the effective inspection and control of food premises.

8. An understanding of the appropriate techniques for the collection of samples for microbiological examination and compositional analysis.

9. An ability to undertake the practical inspection of food and decide upon and justify the most appropriate intervention strategy.

35

14 CURRICULUM OUTLINE The role, responsibilities and powers of central and local government and other agencies involved in control, advice and guidance relating to food and food products.

Production and manufacturing methods for the principal food types and the common causes of spoilage.

Relevant statutes, delegated legislation and EC legislation. Relevant codes of practice requirements relating to the work of enforcement officers.

HACCP principles in relation to food hygiene inspections and interventions.

Food inspection techniques and food premises inspection techniques including risk assessment and assessment of hygiene standards.

Legal principles relating to food and food products supplied for consumer use.

Offences and defences. Food labels and their contents. Sampling techniques including undertaking aseptic sampling and the collection of formal samples for analysis in accordance with the law

Determination of fitness of food for human consumption and reasons for unfitness in fish, meat, poultry and game sold at retail including relevant pathological conditions.

Role of the public analyst.

15 LEARNING & TEACHING ACTIVITIES

Lectures will deliver the core material relating to the specific principles of food inspection, management controls, manufacturing methods of food production, and the legal obligations.Tutorials will explore the issues raised and allow reinforcement and clarification.

Practicals will deliver the food production and manufacturing material in order that students have an appreciation of the safety and quality issues in food production. They will enable students to develop their skills in relation to the inspection and control of a wide a range of foods. Red meat and poultry anatomy, pathology and inspection will be taught within a defined set of practical sessions that will enable students to apply their knowledge and skills within a retail context.

16 ASSESSMENT STRATEGIES

Assignment (30%); outcomes 1 to 7Practicals (30%); outcomes 3, 5, 6, 8 and 9Examination (40%); outcomes 1 to 7

17 ASSESSMENT CRITERIA FOR UNIT/ELEMENTS OF ASSESSMENT

See Programme level assessment criteria contained within the Definitive Document.

18 INDICATIVE STUDENT LEARNING RESOURCES

Armstrong R A colour guide to exotic fruits and vegetables Chadwick House (1987) Atwood, B. Butterworths Food Law (2nd ed.) Butterworths (2000)Bremner A Poultry meat hygiene and inspection Saunders (1996)Butterworths Law of Food & Drugs (ed. Rowell) accessed via the University library’s LexisNexis electronic databaseChilled Food Association Guidelines for good hygienic

36

practice in the manufacture of chilled foods (3rd ed.) CFA (1997)Dillon M & Griffiths C How to audit: verifying food control systems Grimsby : M.D. Associates (1997) Ranken M, Kill R and Baker C Food industries manual (24th ed.) Blackie Academic & Professional (1997) Frandson R. D. Anatomy and physiology of farm animals (5th ed.) Lea & Febiger (1992)Gracey J. F. Meat plant operations Chalcombe (1998)Gracey J. F. Meat hygiene (10th ed.) W.B. Saunders (1999) Hitchcock T. Food Safety: A Practical Guide to the 1990 Act Fourmat (1990)Howells G. Bradgate R. & Griffiths M. Blackstone’s Guide to the Food Safety Act 1990 Blackstone (1990)Imholte T. Engineering for food safety and sanitation: a guide to the sanitary design (2nd ed.) Wash: Technical Institute of Food Safety (1999)Lister C. Regulation of Food Products by the European Community Butterworths (1992)Pearson's composition and analysis of foods (9th ed.) Longman (1991)Potter N. Food science (5th ed.) Chapman & Hall (1995)Mead G. (ed.) Processing of poultry Elsevier Applied Science (1989)O’Rourke R. European Food Law (2nd ed.) Palladion Law Publishing (2001)O’Rourke R. Food Safety and Product Liability (Palladion Law Publishing (2000)Oughton, D. & Lowry, J. Textbook on Consumer Law, (2nd ed.) Blackstone (2000) Rai H. Food Emergencies: A Practical Approach to Prevention and Control Chadwick House (2003)Sprenger R. Hygiene for Management: a text for food hygiene courses Highfield, (2007)Thompson The Law of Food & Drink Shaw & Sons (1995)

Journals

British Food Journal Food and Drink Law MonthlyFood Law MonthlyJournal of Food ProtectionJournal Food ControlJournal of Food microbiology

19 ANY ADDITIONAL NOTES AND COMMENTS

20 DATE OF APPROVAL21 DATE OF MOST RECENT

CONSIDERATION:1 UNIT TITLE Product Safety (PGD)

37

2 BRIEF SUMMARY To provide students with a knowledge and understanding of product safety law (primarily criminal law) and aspects of product design.






7


200

10 UNIT STATUS Mandatory core





1. An ability to identify the rationale behind regulation of product safety.

2. A clear awareness of the concept of safety in relation to products.

3. The application and critical examination the main criminal controls that attempt to regulate product safety.

4. The application and critical examination of safety issues related to age-restricted products.

5. The ability to critically evaluate and assess enforcement mechanisms.

6. The ability to critically assess developments in the law and any proposals for change.

7. An understanding and application of the general safety requirement.

8. An ability to identify and critically assess European-based safety legislation.

9. Recognition and assessment of the roles of different agencies in promoting the safe design and use of consumer products.

10. Critical appraisal of the concept of hazard identification, assessment and correction of defects and hazards.

11. An understanding of the complexities of the design process and the principles of product evaluation.

12. An appreciation of the role of ergonomics in product design and evaluation.

13. Critical evaluation of design concepts and ideas.14. An ability to utilise relevant sources of law.15. A competent and accurate use of English language and

relevant legal terminology.

38

16. The ability to collate and analyse an appropriate range of relevant information and data.

17. The ability to plan and manage coursework under appropriate supervision and guidance.

14 CURRICULUM OUTLINE

Historical background, political perspective, social context and current issues relating to product safety.

Parts II, IV and V of the Consumer Protection Act 1987; Central and Local Government powers, offences and defences.

Information, marking and documentation provisions. The role of delegated legislation. The impact of relevant case law. New approach directives; themes and concepts. General Product Safety Regulations 2005; general safety

requirement, obligations on producers and distributors, offences and defences, enforcement action and related requirements.

Standards, standard-making bodies, testing and certification marks.

Organisations involved in aspects of product safety e.g. RoSPA, BSI, BTHA.

Introduction to product design and the design process. Product evaluation. Concepts of hazard and risk; identification and assessment.


This unit is delivered via a combination of lectures, tutorials and student-centred research. This will enable broad principles to be covered during lecture sessions allowing tutorials to deal with the application and assessment of such principles. The tutorials will be delivered separately to the undergraduate module, reflecting the higher level cognitive approach in this module).


Assignment (25%); outcomes 1-9, 14-17.Assessed Tutorials (25%); outcomes 1-9, 14-173 hour examination (50%); outcomes 1-16.


See the Programme level assessment criteria contained within the Definitive Document.


Miller’s Product Liability and Safety Encyclopaedia accessed via the University library’s LexisNexis electronic database.Askham and Stoneham EC Consumer Safety Butterworths (1994)Bridger R. Introduction to Ergonomics Taylor and Francis (2003)Cotter B. Defective and Unsafe Products Law & Practice Butterworths, (1st ed.) (1996)Harvey B. and Parry D. The Law of Consumer Protection and Fair Trading (6th Edition) Butterworths (2000)Hodges, Tyler and Abbott Product Safety Sweet & Maxwell (1996)Howells G. and Weatherill S. Consumer Protection Law Dartmouth (2005)Howells and Wilhelmsson EC Consumer Law Ashgate (1997)Howells G. Product Safety Ashgate (1998)Jordan P.W. Designing Pleasurable Products. Taylor and Francis (2002)Lowe and Woodroffe Consumer Law and Practice

39

(7th ed.) Sweet and Maxwell (2007)Oughton D. and Lowry J. Textbook on Consumer Law (2nd ed.) Blackstones (2000)Pheasant S. Bodyspace: Anthropometrics, Ergonomics and Design. Taylor and FrancisRamsay I. Consumer Protection Text and MaterialsWeidenfeld (1989)Scott and Black Cranston’s Consumers and the Law Butterworths (2000)Stapleton J Product Liability Butterworths 1994Which? magazine

Students will also be directed to appropriate journals

Useful websites:www.bsi.org.ukwww.btha.co.ukwww.ergonomics.org.ukwww.designcouncil.orgwww.rospa.com


20 DATE OF APPROVAL21 DATE OF MOST

RECENT CONSIDERATION:

40

http://www.rospa.com/

http://www.designcouncil.org/

http://www.ergonomics.org.uk/

http://www.btha.co.uk/

http://www.bsi.org.uk/

1 UNIT TITLE Professional Development (PGD)2 BRIEF SUMMARY This Unit provides students with the knowledge and

understanding of the framework and the range of mechanisms when regulating. It also builds on some of the civil law issues contained in the Bridging Unit. The unit also focuses on the development of interpersonal skills in order that the student can operate effectively in a trading standards environment.






7


200






1. An ability to identify and examine the role of UK consumer protection institutions at central, local and self-regulatory levels.

2. A critical examination of the relationship between these institutions.

3. A critical assessment of the role of consumer advice and education.

4. An explanation and assessment of the concept of self-regulation.

5. An understanding of trader and consumer identity within consumer legislation.

6. A critical assessment of appropriate contractual and tortuous issues.

7. Effective and appropriate interpersonal and communication skills.

8. The ability to communicate effectively using a variety of communication media.

9. The deployment of appropriate interpersonal skills to achieve an identified outcome.

10. The ability to plan, manage and research coursework with some guidance.

11. A competent use of the English Language.

41

12. An ability to collate, analyse and integrate relevant information and data to support independent learning and coursework.


The concept and rationale for consumer advice and education. The diverse range of consumer advice agencies. Consumer role of the Office of Fair Trading and the Department

for Business, Enterprise and Regulatory Reform. Concept and rationale for self-regulation. Codes of Practice. Contract and tort Interpersonal skills


Lectures, tutorials and independent study.

The lectures will provide the core material with the tutorials exploring the issues raised and allowing reinforcement. These will also provide a forum for feedback and discussion concerning relevant contemporary issues in this area.


Assignment (50%); outcomes 1-6, 10-12.Reflective assignment (25%); outcomes 7-9, 11-12.Assessed exercises (25%); outcomes 1-5, 10-12.




Beatson J. Anson’s Law of Contract (28th ed.) OUP (2002)Elliot C. and Quinn F. Contract Law (5th ed.) Pearson (2005)Hargie O Saunders C Dickinson D Social Skills in Interpersonal Communication Routledge (2003)Harvey and Parry The Law of Consumer Protection and Fair Trading (6th Edition) Butterworths (2000)Hayes J Interpersonal Skills at Work RoutledgeHowells and Weatherill Consumer Protection Law Dartmouth (2005)Howells and Wilhelmsson EC Consumer Law Ashgate (1997)Lowe and Woodroffe Consumer Law and Practice(7th ed.) Sweet and Maxwell (2007)Lunney M & Oliphant K Tort Law Text and Materials (2nd ed.) OUP 2003Oughton and Lowry Textbook on Consumer Law (2nd ed.) Blackstones (2000)Pool J. Textbook on Contract Law (8th ed.) OUP (2006)Ramsay Consumer law and policy: text and materials on regulating consumer markets Hart (2005)Ramsay Consumer Protection Text and MaterialsWeidenfeld (1989)Scott and Black Cranston’s Consumers and the Law Butterworths (2000)


42



43

1 UNIT TITLE The Regulatory Framework and Compliance2 BRIEF SUMMARY This unit focuses on some of the practical areas of trading

standards work with an emphasis on how the legislation is enforced. The material considers a number of the different mechanisms that exist when attempting to ensure a fair trading environment and protect consumers. It also involves a study of selection of inspection and investigation methods available to those enforcing consumer legislation as well as some relevant evidential issues. The students also consider various strategic aspects relating to the process.






7


200






1. An ability to identify and explain the ways in which an equitable trading standards environment is achieved.

2. An ability to identify and explain the mechanisms of consumer protection.

3. An ability to identify and assess different techniques of inspection and investigation and courses of action available to deal with situations.

4. An understanding and critical assessment of the wide range of powers available to enforcement officers, and be able to apply such powers.

5. A critical examination of the relevant legal framework that affects methods of investigation.

6. A critical assessment of the impact of developments since the Hampton Report (2005).

7. A general understanding of appropriate criminal and civil court procedures and issues.

8. An appreciation of quality management and quality systems as a means of compliance with legal requirements.

9. The ability to plan, manage and research coursework with

44

some guidance.10. A competent use of the English Language.11. An ability to collate, analyse and integrate relevant information

and data to support independent learning and coursework.


The historical, current and future role of the trading standards service.

The institutional structure of the trading standards service and the methods by which it is delivered and measured.

Regional and national co-ordination of trading standards e.g. LACORS, LBRO, Primary Authority Scheme.

The range and methods of regulation (criminal, civil and self-regulation).

Courses of action, priorities and the role of risk assessment. Enforcement powers. The trading standards service regulatory framework e.g.

Regulator’s Compliance Code and Enforcement Concordat. Concepts of quality management. Gathering and retaining evidence for legal proceedings e.g.

witness statements, interviews and disclosure. Commencement of legal proceedings. Relevant aspects of the criminal and civil court process.


Lectures, tutorials and independent study.

The lectures will provide the core material with the tutorials exploring the issues raised and allowing reinforcement. These will also provide a forum for feedback and discussion concerning relevant contemporary issues in this area.Practical exercises centring on gathering witness statements and also practical mock PACE interviews.

Where appropriate, guest speakers will be invited to talk about their specialist area.


Assignment (50%); outcomes 1-6, 9-11.3 hour examination (50%); outcomes 1-8, 10-11.




Butterworth’s Trading and Consumer Law and Miller’s Product Liability and Safety Encyclopaedia accessed via the University library’s LexisNexis electronic database.

Ashworth A. and Redmayne M. The Criminal Process OUP (2005)British Standards Institution ISO 9000 family of standards relating to quality management system: British Standards Institution (2000- 2008)BVC Manual Advanced Criminal Litigation in Practice (6th ed.) OUP (2008)Dale B G Managing Quality Blackwell (2007)Hannibal M and Mountford L Criminal Litigation OUP (2008)Hoyle D Quality Management Essentials Butterworth-Heinemann (2007)

45

Hutton G. et al Blackstone’s Police Manual on Evidence and Procedure OUP (2009)Huxley P & O’Connell M Blackstone’s Statutes on Evidence OUP (7th ed.)Keane A The Modern Law of Evidence OUP (2008).Leng R. and Taylor R. Blackstone’s guide to the Criminal Procedure and Investigations Act 1996 Blackstone (1996)McConville M. and Wilson G. Handbook of the Criminal Justice Process OUP (2002)Murphy P Murphy on Evidence OUP (2007).Osborne C. Criminal Litigation (LPC) Blackstone (2004)Padfield N. Text and Materials on the Criminal Justice Process (3rd Edition) LexisNexis Butterworths (2003)Ryan et al A guide to the Criminal Procedure andInvestigations Act 1996 Butterworths (1996)Sanders A. & Young R. Criminal Justice Butterworths (2000)Seabrooke and Sprack Criminal Evidence & Procedure TheEssential Framework Blackstone (1999)Sprack J. A Practical Approach to Criminal Procedure OUP (2008)Zander M. Cases and Materials on the English Legal System Butterworths (1996)Stone’s Justices’ Manual accessed via the University library’s LexisNexis electronic database.




46

1 UNIT TITLE Professional Practice Project2 BRIEF SUMMARY The Professional Practice Project is a substantial piece of

personal research of approximately 15000 words carried out independently with the support of an academic member of staff


5 HOME DEPARTMENT Food and Tourism Management

6 SUBJECT AREA7 UNIT LEADER(S)8 CREDIT VALUE 60 CREDITS AT

LEVEL:7 (M)


600 hours

10 UNIT STATUS Mandatory Core




On successful completion of this unit students will be able to have attained or demonstrated:1. Ability to select and define a research topic, develop the aims

and objectives and construct a proposal for the project;2. Implement a research plan using appropriate methodologies; 3. Apply appropriate research methodologies in order to conduct

secondary and primary research for the project and critically evaluate the findings;

4. Critically analyse results and draw logical conclusions


Development of aims and objectives at this level of research.Appropriate methods of secondary research – validity of sources, critical analysis, citation referencing and collection of secondary data.Appropriate methods of primary research including – qualitative and quantitative sampling, statistical inference, survey interviews, focus groups, questionnaires and observational studies. Use of software including SPSS.Review of appropriate literature.Selection of suitable research methods.Analysis of results using appropriate techniques.Presentation of findings.


Short block of lecture /seminar inputs on research methodology.Self-directed study.One to One supervision and tutorials.


Proposal circa 2000 words - 10%Profession Practice Project circa15000 words – 90%

47


ProposalSelection and justification of the topic area;Clarity and feasibility of the aims and objectives;Selection of the indicative literature;Appropriateness of the selected methodologies;The overall quality, logic and coherence of the proposal.Professional Practice ProjectSelection and the defining of the research area;Critical evaluation of the current literature (research) in the field;Appropriately gather primary data and report on the findings;Critically analysis of results drawing logical conclusions;Have shown to have fully engaged in the research process.


Bell J. Learning from Research: Getting More From Your Data OUP (2002)Bell J. Doing Your Research Project: A Guide for First Time Researchers in Education (4th ed.) OU Press (2005) BS5605 Recommendations for the Citing and Referencing of Published Materials London BSI (1990)Cottrell S. The Study Skills Handbook (3rd ed.) Palgrave Macmillan (2008)Hart C. Doing Your Masters Dissertation: Realising your Potential, Sage (2005)Neville C. The Complete Guide to Referencing and Avoiding Plagiarism OUP (2007)Rudestam K.E. Surviving your Dissertation: A Comprehensive Guide to Content and Process (3rd ed.) Sage (2007) Saunders M. Lewis P. & Thornhill A. Research Methods for Business Students, (4th ed.)) Prentice Hall (2007)Somekh B. Action Research OUP (2006)




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APPENDIX A

Bridging Unit

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MSc Trading Standards.Postgraduate Diploma in

Trading Standards.

Law Bridging Unit (2009)

Stephen Eddy & Jill Gavin-PittManchester Metropolitan University

FTM DepartmentHollings Faculty

Old Hall LaneManchester

M14 6HR(5th Edition)

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Contents Page

Introduction to the Law Bridging Unit 2Aims and Outcomes 3Contacts 4Assessment 5Reading list and useful websites 6

1. A Brief Introduction to English Law 81.1 Civil & Criminal Law1.2 Sources of Law1.3 Hierarchy of Courts1.4 European Law1.5 European Court of Human Rights1.6 Legal Liability1.7 Proving a Case1.8 Reading the law

2. A Brief Introduction to the law of Contract and Tort26

2.1 Contract2.1.1 Formation and Performance of Contracts2.1.2 Remedies in Contract2.2 Tort2.2.1 Tortuous Liability2.2.2 Negligence2.2.3 General Defences to Actions in Tort2.2.4 Remedies in Tort

3. A Brief Introduction to the Consumer Protection Environment 41

3.1 Organisations and their role.3.2 Consumer Protection through civil law provisions 3.3 Small Claims Procedure 3.4 Means of Alternative Dispute Resolution3.5 The Role of Ombudsman 3.6 Self Regulatory Bodies 3.7 Forms of business organisation.

4. Assessment 484.1 Assignment4.2 Examination Format

Appendix One 53

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Materials for Reading the Law

Introduction to the Law Bridging Unit

The purpose of the Law Bridging Unit is to introduce you to some fundamental areas of English law. These provide an important underpinning to the Postgraduate Diploma in Trading Standards (PGD).

It is aimed at those who have already graduated, but in a non-law subject. As such, it is presumed that although students have not studied law before they do have the requisite experience and level of study skills to facilitate effective self-study.

Inside this booklet you will find some basic introductory material along with directed reading. It is important that you read around the various topics contained within. The nature of this material and the relatively short period in which you have to study it means that we cannot provide a comprehensive introduction to the topic. However, it is anticipated that many of the areas will be reinforced throughout the duration of the PGD.

As far as wider reading is concerned, it is strongly recommended that those texts that are deemed to be essential reading are readily accessible to you. This will not only assist you over the next few months but also during the PGD itself. There is more information on page 6.

Finally, if you have any queries or problems about the Bridging Unit material or about the process as a whole do not hesitate to contact me (further details can be found on page 4).

Stephen EddyBridging Unit Co-ordinator

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Aims of the unit:

To provide an overview of the English Legal System To introduce the major sources of English Law and the methods and

principles at work in the English Legal process To provide an adequate knowledge of the influence of European Union

law on the English Legal System To provide an overview of the law of contract and tort To introduce the major principles of contract law, its formation,

contents, termination and the remedies available To analyse the important elements in order to succeed in an action for

negligence To introduce the Consumer Protection Environment, and the role of

organisations within it. To introduce some specific consumer law and consumer protection

concepts To provide knowledge of the various business organisations including

the sole trader, partnerships and incorporated bodies. To provide an understanding of the mechanisms available to

consumers for redress including small claims procedure and alternative dispute resolution.

To achieve these outcomes, students will be able:

To show an awareness of the court structure, hierarchy of the courts and court personnel

To demonstrate an understanding of the sources of law including case law and statute based law

To show an understanding of the doctrine of precedent and the methods of statutory interpretation

To apply an understanding of the English Legal System to an effective study of discrete areas of law

To show an understanding of the European Union Law as a source of law

To understand the principles of contract law To understand the principle of the tort of negligence and the common

law duty of care To place a variety of legal issues within a consumer law and trading

standards context

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Amount of Student Effort

The unit is designed to facilitate independence in learning. As such, it is expected that the workload is equivalent to 100 hours of student centred learning.Tutorial Support

Support is available by arrangement throughout the Summer.

Your tutors are:

Tutor Telephone E-mailSteve Eddy 0161 247

[email protected]

Jill Gavin-Pitt

0161 247 4633

[email protected]

The address is:Manchester Metropolitan UniversityDepartment of Food and Tourism Management Hollings FacultyOld Hall LaneManchesterM14 6HR

Tel: 0161 247 2682Fax: 0161 247 6334

All tutors are in Room 308.

IMPORTANT

It is strongly recommended that you keep in regular contact with the tutors to ensure that you are making satisfactory progress with your studies.

Furthermore, be conscious that the tutors will not necessarily be available for the duration of all the Summer; as such, planning and pre-arranging contact and necessary meetings etc. is likely to be necessary.

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Assessment

There are three elements to the assessment.

Firstly, you are required to visit a magistrates’ court (as a member of the public not a defendant!). You then have to submit a written report about the proceedings you observed. This report is worth 20% of the overall mark.

Secondly, there is an assignment covering a number of different areas of the unit. This is worth 30% of the overall mark.

Thirdly, there is a 2 hour examination. This will take place at Hollings faculty (further details nearer the time). The exam is worth 50% of the overall mark.

The report and assignment have to be submitted by Monday 3 rd August 2009 and the examination will take place on Wednesday 19 th August 2009 .

Furthermore, a minimum 50% pass mark must be achieved in each of the three assessments in order to enrol onto the Postgraduate Diploma in Trading Standards.See Section 3 for more information on these assessments.

Additionally, to assist in your learning, there are self-assessment questions throughout the booklet for you to complete. Although these do not count towards the overall assessment you may wish to submit your answers to the relevant tutor.

University Library Access

Associate user cards can be obtained from Hollings Library (on the campus).A passport sized photograph is required in order to register as a library user. You will also need a form of identification which includes your current address e.g. driving licence or a letter from the Faculty confirming the course details.

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Your associate user card will allow you to borrow up to 10 books over the summer vacation. The books detailed below are available for you to use once you have registered as a library user. The library website (http://www.library.mmu.ac.uk/) provides a link to the library catalogue which lists the books and journals available at all of the University’s campus libraries.

Basic vacation opening hours at Hollings are 9 am to 4.30 pm Monday to Friday with late night opening on Thursdays until 7.45 pm (only 9 am to 4.30 pm in August). You may use any of MMU’s libraries but please check opening hours on the website before visiting.

Contact details:Mr I Harter or Ms C WilsonHollings Library 0161 247 6119 [email protected]

Reading

Essential Reading

Slapper G. and Kelly D. The English Legal System(9th Edition) Cavendish Publishing 2009

Oughton D. & Lowry J. Textbook on Consumer Law(2nd Edition) Blackstone 2000

NOTE: These are the main texts which you are recommended to read in conjunction with the material in the booklet.

Holland J. and Webb J. Learning Legal Rules(6th Edition) Blackstone 2006

or

Clinch P. Using a Law Library(2nd Edition) Blackstone 2001

or

Bradney, Cownie et al How to Study Law(5th Edition) Sweet & Maxwell 2005

Recommended Reading

The following are a selection of texts which contain chapters and sections that you may find useful to supplement your learning.

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mailto:[email protected]

Keenan D. Smith & Keenan’s English Law Text and Cases(16th Edition) Pearson 2007

Zander M. The Law Making Process(6th Edition) Cambridge University Press 2004

Zander M. Cases and Materials on the English Legal System(10th Edition) Cambridge University Press 2007

Ingman T. English Legal Process(12th Edition) OUP 2008

Harris P. An Introduction to Law(7th Edition) Butterworths 2007

Elliot C. and Quinn F. Contract Law(6th Edition) Pearson 2007

Poole J. Textbook on Contract Law(9th Edition) Oxford University Press 2008

Beatson J. Anson’s Law of Contract(28th Edition) Oxford University Press 2002

Giliker P. & Beckwiths S. Tort(Sweet & Maxwell 2008

Lunney M & Oliphant K Tort Law Text and Materials(3rd Edition) Oxford University Press 2007

Woodroffe and Lowe Consumer Law and Practice(7th Edition) Sweet & Maxwell 2007

Useful Websites

In addition to the recommended texts you may wish to familiarise yourself with some of the many useful websites available to students. The following is just a brief selection;

www.legalservices.gov.ukwww.lawsociety.org.ukwww.venables.co.ukwww.parliament.ukwww.berr.gov.ukwww.oft.org.ukwww.tradingstandards.gov.ukwww.hmcourts-service.gov.ukwww.consumerdirect.gov.uk

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http://www.venables.co.uk/

NOTE OF CAUTION: Ensure that any other sites that you visit are concerned with English law (rather than, say, the American legal system).

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Section 1

A Brief Introduction to English Law

The English legal system of law is unique; it differs from other systems in a number of ways which were brought about by a number of historic facts and accidents.

Firstly, our system of common law has been allowed to develop unchanged for over 900 years. Everyone knows about the Battle of Hastings in 1066 but few realise that it heralded the start of a legal system that was to last for many centuries and which would be copied by some of the most powerful nations on earth.

Secondly, our system was little affected by Roman law, which changed most other systems in Europe. In fact, it was Henry VIII's break with the Roman Catholic church that aided this.

Thirdly, because we are an island, we were relatively unaffected by what was going on in the rest of Europe i.e. the Napoleonic laws which brought about the codification of French law (“codification” essentially means that an area of law can be found within one single enactment).

Thus English law is different to that used in some other countries. However, many aspects of it have been copied and used effectively in modern societies such as the USA, Canada, and Australia.

Read Chapter 1 Slapper & Kelly

Sections 1.1 to 1.7 below provide a brief explanation only of the relevant topics. Please read the recommended reading for further information about these topics.

1.1 Civil Law and Criminal LawThe first thing to realise is that the English legal “system” is in fact two systems. One deals with disputes which arise between private individuals (civil law) and the other deals with those who become at odds with the State (criminal law).

Most lay people think of the law in terms of dramatic murder trials or bank robberies. The police come to mind, as do prisons and remand homes and also less dramatic events such as appearing before the local magistrates on a charge of speeding or parking offences. This is the criminal law under which charges are brought by the Crown Prosecution Service.

As well as the police enforcing the criminal law there are other organisations that have similar responsibilities within specific areas of

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criminal law. For example, the Health and Safety Executive may prosecute when there has been an injury or fatality within the workplace and the Local Authority Environmental Health Department may prosecute a “noisy neighbour”.

As regards consumer protection the Local Authority Trading Standards Department can prosecute traders for a wide range of transgressions; these include mis-described goods and services, short-quantity, unsafe products or misleading prices. You will see further examples of these as you progress through the Bridging Unit and the Course itself.

However, this is only part of English law - there is a huge part of the law which deals with the rights and duties of individuals in matters such as property, family matters, employment, negligence, trespass, defamation and contract. We call this the civil law (or sometimes “private” law). Again, within consumer protection there is sale of goods legislation that, amongst other things, sets out traders’ responsibilities and consumers’ rights. It is for the individuals to invoke these rights under the civil law (although the local trading standards consumer advice service may provide information and advice on how an individual can go about it).

However, it is possible for one single incident to give rise to involvement in both systems. For example, in a motoring accident, the driver may have to face a criminal charge for drunken driving. The same driver may also find themselves called before the civil courts by the injured party to defend a writ claiming damages for negligence.

Two areas you will be studying on the course include the Consumer Protection from Unfair Trading Regulations 2008 and Sale of Goods Act 1979. If, for example, a consumer buys a jacket described as “leather” but which is, in fact, plastic the trader could be prosecuted under the 2008 Regulations by the trading standards department and also may be sued by the consumer under the 1979 Act. Note, however, that the line between criminal and civil consumer law has become increasingly blurred in recent years.

Recommended reading:Chapter 1.3.5 Slapper & Kelly

Self-assessment Questions

1. State the different purposes of the criminal and civil law.

2. Why is the phrase ‘trespassers will be prosecuted’ so misleading when it comes to considering the differences between criminal and civil law?

3. Neil drives home from the pub in his friend Kate’s car. He has been

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drinking and has a level of alcohol in his blood which exceeds the legal limits. He drives in a reckless fashion and has an accident. The accident caused damage to Kate’s car and he also hits Dave, a cyclist, who falls of his bike and suffers injuries to his head.

In the subsequent legal action(s) what titles would you give to the respective parties e.g. who is the “defendant”?How will they have to discharge their burden of responsibility in order to prove Neil’s guilty/liability?

4. Are Anti Social Behaviour Orders the criminal law or civil law?

1.2 Sources of Law There are a number of sources of English law, but the main ones are:(a) Common Law and (b) Statute (Acts of Parliament)

(a) English Common Law is a system whereby the judge, when deciding what the result of a case should be, looks back to previous cases. The judge is bound to follow the precedents laid down in those cases. Thus a whole catalogue of case decisions builds up. The result of centuries of following precedent has given us a comprehensive framework of law, capable of operating independently without statute. For example, the crime of murder is not laid down in statute, it is common law.

(b) Statutes are also known as “Acts of Parliament”. These can change, replace or cancel the rules of common law. Our Parliament can pass new legislation to do almost anything it wishes although it cannot bind a future government. Acts of Parliament are the supreme authority, but often words or phrases in an Act are ambiguous. In such circumstances the judges declare what the words or phrases mean and apply them accordingly. Therefore where there is no statute in existence, the law is to be found in common law (law declared by judges) and where there is confusion within the wording of a statute the law is to be found in the interpretation given by judges. That is why names of cases in which judges make important declarations are so important to those who study or practice law.

An integral part of statute law is something called “delegated legislation”. By delegated legislation we mean, for our purposes, laws referred to as “regulations” and “orders”. These are collectively known as “statutory instruments” – although there are other forms of delegated legislation such as by-laws etc. Delegated legislation is a very important source of law. There is far more delegated legislation than there are Acts themselves and, on an everyday practical basis they contain the detailed rules that effect all our lives e.g. road traffic regulation or safety laws.

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In essence, it is the Act of Parliament that will state within it that a relevant Government department has the power to make delegated legislation. With food and consumer law issues it will usually be the Department of Trade and Industry or the Department of Environment, Food and Rural Affairs. An example is the Consumer Protection Act 1987. This is a statute that, amongst other things, provides a framework of provisions in relation to consumer safety. However, there are also various sets of regulations made by virtue of that Act that contain more detail relating to specific products e.g. the Toys (Safety) Regulations 1995.

Another important source of law is European Law; this is referred to in Section 1.4 below.

Recommended Reading:Chapter 2 Slapper & KellyChapters 1, 6 and 7 Keenan

Self-assessment Questions1. Explain the various contexts in which the phrase ‘common law’ can be

used.2. What do you understand by the ‘legislative supremacy of Parliament’?3. What is the current role of the House of Lords in the legislative

process?4. To what extent can judges make law?5. Give an example of delegated legislation regulating (i) product safety

(not toys!) and (ii) food products. Give the full title and SI number.6. What are the main steps in the procedure by which a Bill becomes an

Act of Parliament?

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1.3 Hierarchy of CourtsSince a major restructuring in the nineteenth century our courts have been hierarchical. A precedent settled by a court at the top of the hierarchy is binding on courts lower down; see the diagram on page 16 for details of this. The decisions of the lowest courts are not binding on the courts above them but they are noted by the judge in the higher courts and may persuade him to agree with the findings of the lower court.

So, regardless of whether we are looking at criminal or civil law, there is a hierarchy of courts. The decisions of the higher courts affect the decisions that the lower courts make. This is closely linked with the concept of precedent mentioned above. The higher courts are what are called “appellate courts”; in other words they only hear appeals from decisions of the lower courts. Parties in a civil law dispute or those involved in a criminal prosecution cannot take their cases directly to the appellate courts; cases begin in the lower courts which are often referred to as “courts of first instance”. A number of these appellate courts have jurisdiction over both criminal and civil cases i.e. will hear appeals from both the civil and criminal lower courts; this is one reason why the civil/criminal split is slightly artificial.

Criminal Courts

Magistrates’ Courts These are the lowest or most “inferior” criminal courts. The vast majority of criminal prosecutions are heard in the magistrates’ court; they are referred to as “summary” trials. These courts are manned by Justices of the Peace (“JPs”) who are unpaid volunteers and are not legal experts compared to solicitors and barristers. During a case they usually sit in twos or threes and their role is to “try” criminal cases; the idea is that you are being judged by your peers. Because they are not experts in law they are assisted by a person called the “clerk of the court”. These are the legal experts who advise JPs on matters of law.

The actual fines and sentences that magistrates can impose are limited by law; it is currently 6 months (soon to be 12 months) and/or £5,000 for each offence.

Some cases are seen as too serious to be heard by magistrates and so go to the next highest criminal court, the Crown Court. However, even those that are tried in Crown Court have to go through initial proceedings in the magistrates called “committal proceedings” where it will be decided whether the case is too serious to hear at magistrates court; e.g. offences of violence.

Crown Court It is only the more serious cases that are heard in the Crown Court. These are mainly presided over by “Circuit judges”. Unlike magistrates, these are fully paid legal experts. As well as the judges, you also have juries in the Crown Court. The role of the jury is to weigh up the evidence and decide what the true facts of the case are. The judge decides issues of law and explains these to the jury. Unlike magistrates courts there are not the same constraints on sentencing (although these may still be laid down in legislation). Whereas magistrates hear “summary trials”, the Crown Court hears “indictable offences” i.e. these more serious ones. In between these two categories there are offences which are “triable either way”. These are the cases which may be heard in either the magistrates’ or Crown Court. As well as hearing cases of first instance the Crown Court can also hear appeals from the magistrates courts.

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Civil Courts County Court These deal exclusively with civil law matters. These are manned by “circuit judges” and “district judges” and there are no juries. Of particular interest in relation to consumer law is what is called the “small claims track” procedure of the County Court. This is an informal, accessible and cheaper way to resolve disputes involving claims less than £5000. The use of solicitors is discouraged and the rules of evidence that are involved in normal court hearings are relaxed; even the judge can provide assistance if a party is not represented. Other civil law claims e.g. negligence etc. are also heard in the County Court.

High CourtThe allocation of cases between the county court and the High Court depends on a combination of a number of criteria. They will go to the High Court if they are concerned with more complex matters and/or they involve claims in excess of £25,000 (or £50,000 in personal injury claims). As with the criminal process the High Court can act as an appellate court; hearing appeals from the County Court.

As well as the civil courts there is also a range of other mechanisms that a person may use in attempting to resolve a legal dispute. These are usually referred to as “alternative dispute resolution”. You will study these on the course but if you wish to find out more at this stage please read Chapter 8 Slapper & Kelly.

The Court of Appeal and the House of LordsPlease read sections 3.6 to 3.8 and 4.5 of Slapper & Kelly for further information on the composition, role and function of these two institutions.

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Recommended Reading:Chapters 3, 4 and 5 Slapper & KellyChapter 1 IngmanChapter 2 Keenan

Self-assessment Questions 1. What is the relationship between the structure of the courts and the doctrine of binding

precedent?2. What are the advantages and disadvantages of binding precedent?3. Explain under what circumstances, if any, the House of Lords is not

bound by its own previous decision.4. In what circumstances, if any, the Court of Appeal can depart from its

own previous decisions and why?5. Explain how the doctrine of “binding precedent” operates in the English Courts.6. Distinguish between the “ratio decidendi” and the “obiter dictum” of a

court decision.

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1.4 European LawThe European Communities Act 1972 took English law into a historic phase. This Act effectively meant that from that date we would comply with the Treaty of Rome. The legislation that emanates from Europe (i.e. that which ultimately is approved by the Council of Ministers) and the decisions of the European Court of Justice in Luxembourg are now an integral part of English law. They have the force of law over Member States.

A specific type of European Law are known as “directives”. These are slightly different in that rather than automatically being part of Member States’ law, each Member State has to pass has to enact its own domestic legislation based on the directive and within a prescribed time limit. Such legislation must conform with the principles of that directive.

European law does not affect all aspects of English law (yet!). Although areas such as family law, criminal law, law of torts and land law are areas generally untouched by the “incoming tide” of European law (a phrase used by Lord Denning in the case of Bulmer v Bollinger [1974]) it has become increasingly important in the area of consumer law. An increasing amount of consumer legislation is based on directives, for example, the law relating to timeshare, pricing, product safety, weights & measures, doorstep selling and consumer guarantees. Recommended Reading:Chapter 13 Slapper & KellyPages 64-65, 219-225 Keenan

Self-assessment Questions1. Name the four main EC institutions.2. Should the European Parliament have more involvement in the law

making process and if so, why?3. What is the role of the European Court of Justice?4. What is the role and functions of the European Council?5. To what extent has this Parliamentary supremacy been eroded by the

European Union?

1.5 The European Court of Human RightsThis court is based in Strasbourg and should not be confused with the Court of Justice in Luxembourg. Its essential role is to ensure compliance with an international treaty called the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 although it is often referred to as the “European Convention on Human Rights”. Although the UK recognised this Treaty along with the European Court of Human Rights, for many years it never adopted it into UK law.

The rights within the Convention cover a wide area of civil rights and political rights. Some of the rights are quite strict (torture is forbidden) but some can be described as “relative” i.e. striking a balance between

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individuals’ rights and the rights of society as a whole. There are limited circumstances when the Court has accepted interference with Convention Rights. For example, (i) when the relevant legislation is clearly and transparently part of the law of the particular country, (ii) when the purpose of the legislation is seen has having a legitimate aim in sight and (iii) when the legislation is deemed to be necessary and not excessive.

The important thing to grasp is that in recent years the vast majority of rights under the European Convention have been included in UK law as a result of the Human Rights Act 1998. It came into force in October 2000.

The effect on our courts and on Parliament is that they now have to consider the basic concepts contained in the Convention on Human Rights when sitting in judgment or when making new law. This means that the fundamental values revolving around concepts such as justice, dignity, and equality have to part of the law-making process in England and Wales.English courts must take into account decisions of the Strasbourg court when deciding cases that have elements of the Convention involved. English law must be interpreted in a way which is compatible with the Convention. Also, it is unlawful for a public authority to act in a way which is incompatible with the convention. A “public authority” includes a court/tribunal and any person of whose functions are public in nature such as trading standards officers.

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1.6 Legal Liability

Consider these two scenarios…

You are driving along the open road at 60mph when you notice the flashing blue light in your mirror. You pull over. The policeman informs you that it is a 30mph zone. You are prosecuted for speeding. Does it matter that you were unaware of your speed or the speed limit? Does it matter that you didn’t really intend to be travelling at that speed? The answer, essentially, is “no” you have committed an offence!

You get into a fight with someone. In the ensuing scuffle you hit the other person and kill them. What about your state of mind here? Will you be charged with murder or manslaughter? Essentially, a crucial factor when considering what you will be charged with depends on your state of mind. If you intended to kill the person it is murder, if not it is manslaughter.

Although these are simplistic scenarios they do illustrate the point that sometimes a person’s liability depends on their state of mind and sometimes it does not.

CriminalIn very simple terms there are two basic elements that are present in every crime. These are known by their Latin terms “actus reus” and “mens rea”. You will come across these terms often.

The actus reus is the physical element of the crime. It has always got to be proved. Examples include driving the car at 110mph, firing the gun, hitting someone with the baseball bat, selling the car which is clocked etc. The activity in question may even be fairly passive; for example, possession of controlled drugs.

The mens rea is the “mental element” and concerns what was going on in the person’shead when they committed the actus reus. In essence, different offences will require the prosecution to prove a certain state of mind. What this actually is depends upon theindividual offence but the main ones involve the need to show that the defendant knewwhat they were doing or intended to do it. Others may require them to show that thedefendant was reckless or negligent in their acts. These four terms have themselves beenthe subject of great discussion and interpretation by the courts. In essence, they involvesome degree of thought or lack of it, or foreseeability (foresight) of the consequences ofany action that a person may take. When it comes to the mental element there is animportant difference because some offences do NOT actually require the prosecution toprove the mens rea; these are referred to as “strict liability” offences.

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Strict Liability OffencesThe vast majority of strict liability offences are found in Acts of Parliament and, in particular, statutes that deal with consumer and trading law. With these types of offences the prosecution only needs to prove that the physical act was committed. In other words that the car was going at 120mph or the pint of beer handed over the bar was short-measure, or that the clocked car was simply supplied to a customer.There is no need for the prosecution to show any intention or knowledge on behalf of the seller (e.g. that he knew that the car was clocked or that he intended to serve less than a full pint). A good indicator of whether an offence is one of strict liability is the wording. If the words “intentionally”, “knowingly” etc. are in the offence then it will require mens rea. If they are not present then it will most likely be an offence of strict liability.

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CivilThe question of liability in the civil law is a little more complex. For the purposes of this course we are really only concerned with two areas of civil law i.e. law of contract and the law of tort, specifically the tort of negligence. Unfortunately, within each of these two broad categories, the type of liability can vary depending on the particular circumstances.

Contract A contract is a legally binding agreement between two or more parties. In general terms, a party to a contract is liable if they are in breach of contract e.g. they fail to satisfy a terms agreed in the contract (they fail to keep their side of the bargain).

In the law of contract liability is strict. It is not generally necessary to prove that the party who is in breach was at fault.

Tort of Negligence A tort is a civil wrong. Liability in tort is based on fault. For the purposes of this course we are only interested in the tort of negligence. In plain language negligence means simply without intention. In the tort of negligence there are three essential ingredients which will be addressed below.

You will come across many examples of strict liability offences and mens rea offences in consumer legislation on the course. However, if you wish to find out more at this stage please see Chapter 13 of Oughton & Lowry.

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1.7 Proving the CaseIt is all very well saying someone has committed a criminal offence or has been in breach of contract or has been negligent but we need to know two further things; (i) who has to prove the offence or civil wrong and (ii) how much proof is needed to persuade the court (civil or criminal) that the civil wrong or criminal offence has been committed.

In legal terms this is referred to as determining who has the burden of proof and what is the standard of proof that is required. Here we again have some general principles.

Burden of ProofIn both the criminal law and the civil law the burden of proof is upon the party asserting that matter – “he who asserts must prove”. So, it will be the prosecution in a criminal case (whether it’s murder or selling short-weight cheese!) In a civil case it will be the claimant i.e. the party alleging the breach of contract or the negligence.

Standard of ProofThere is also the standard of proof to be considered i.e. to what degree does the prosecution or claimant have to satisfy the court? This does vary depending on whether it is the civil law or criminal law.

With civil law the claimant must prove his case on what is called the “balance of probabilities”. In other words it is more likely than not that the defendant was, for example, in breach of contract or that he was negligent and caused an injury. Although you cannot really look at it in terms of figures one way of describing it is by saying that the claimant has to prove his case to a degree of “51%”.

However, with criminal law the standard is different. Here the prosecution have to prove their case beyond reasonable doubt. This is a much higher standard which is justified on the grounds that if a person is found guilty they may lose their liberty or be fined a substantial amount of money.“Beyond reasonable doubt” cannot be measured easily but it must be substantially in favour of the prosecution;

“It need not reach certainty, but it must carry a high degree of probability. Proof beyond reasonable doubt does not mean proof beyond the shadow of a doubt. The law would fail to protect the community if it admitted fanciful possibilities to deflect the course of justice. If the evidence is so strong against a man as to leave only a remote possibility in his favour which can be dismissed with the sentence ‘of course it is possible, but not in the least probable’ the case is proved beyond reasonable doubt, but nothing short of that will suffice”

Miller v Minister of Pensions [1947] 2 All ER 372 per Denning J at 373.

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1.8 Reading the Law

In Appendix One you will find:(a) An extract from “Learning Legal Rules” by Holland and Webb.(b) The Property Misdescriptions Act 1991.(c) The case of Davies v Sumner [1984] 3 All ER 831 (at this stage do not be too concerned about the legal issues of this case; the purpose is for you to identify certain information from the law report).

Please read the extract from Holland and Webb then answer the following questions about the 1991 Act and the 1984 case;

1. What is the long title of the 1991 Act?2. What criminal offences does the Act create?3. Give the relevant section numbers of the offences.4. How can potentially commit the offences?5. To what parts of the UK does the Act apply?6. On what date did the Act first receive Royal Assent?7. What does “c.29” mean underneath the short title?8. How long have the prosecution got to take action underneath this Act?9. In which court was Davies v Sumner heard?10. In which courts had the same case previously been heard?11. When was the case heard?12. What do the catchwords tell you?13. What legislation did the case concern?14. Who brought the case to the House of Lords?15. Who gave the leading judgment?

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Section 2 A Brief Introduction to the Law of Contract and

TortContract

A contract may be defined as “a legally binding agreement between two or more parties”. This is the narrowest of all legal liability as it is brought into existence by the agreement of two (or more) parties. In contract, no liability is imposed, the parties voluntarily choose each other.

For example – I may voluntarily choose to buy a car, any car, from any seller. In this country we are free to do things such as this, it is called my 'freedom of contract'. Other people may disagree with my choice, or may not like my chosen product or seller, but the law will not interfere in what I do. I have complete freedom to contract with whomever I choose.

The parties to a contract incur rights and obligations. The rule of 'privity of contract' says that no person is entitled to receive any benefit, nor will they be bound any terms of a contract to which they are NOT a party.

Tort A tort is essentially a ‘civil wrong’. There are a number of torts including the tort of negligence, trespass, nuisance, libel and defamation. For the purposes of this Unit, we will focus only on the tort of negligence.

The relationship here is much wider than in contract. There is no element of choice with the tort of negligence, rather a duty of care which is imposed by law. The parties in an action in negligence may never have agreed to be bound and indeed they may have never met each other. However, the law imposes this civil duty or obligation upon them. Professor Winfield described tortuous liability as 'a duty fixed by law, towards persons generally where redress secured by an action results in an award of damages.

Here, it helps to break down the definition and look at it piece by piece:

(a) 'Fixed by law' - this means that the legal duties are not agreed by the parties (as they are in contract) but are imposed on persons by law.

(b) 'Towards persons generally' - the legal duties are not owed to specific individual i.e., named, individuals (as they can be in contract) but to persons generally.

The concept of contract and the tort of negligence are demonstrated by the case of Donoghue v Stevenson 1932.

Here, a third party purchased a bottle of ginger beer. The third party then

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gave the bottle of ginger beer to the Claimant. The bottle was made of opaque glass so the contents were not visible. After drinking half of the contents of the bottle, the Claimant discovered a decomposed snail in the bottle. The Claimant pursued a claim for damages for injuries after she became ill as a result of drinking the ginger beer.

The Claimant however had no contractual relationship with the purchaser. She had not purchased it, and she therefore had no ‘privity of contract ‘with the seller. The House of Lords was satisfied however that the manufacturer owed a duty to his ‘neighbours’. This is now famously referred to as the ‘neighbour principle’.

The court found that consumers of ginger beer, even though they may not be the purchaser, were persons who the manufacturers ought reasonably to have in mind as persons who may be affected by their actions. The manufacturers had a common law duty of care which was owed to their neighbours, and this included any consumers who were likely to drink the ginger beer.

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2.1 Contract. 2.1.1 Formation and Performance of Contracts As we have already established, a contract is easy to define - it is simply 'a legally binding agreement between two or more persons'. But, by now, you will be suspicious of simplistic definitions for as one lawyer said "it is easy to put something in a nutshell but it is another thing keeping it there!!"

A legally binding agreement is almost certainly the commonest legal relationship that we all enter into. Indeed, short of living the life of an absolute hermit illegally squatting on a desert island, one cannot go through a day of our lives without entering into or participating in a contract. For example,(a) we all rent or purchase land;(b) we may have life insurance, (c) if we drive are compelled by law to insure our car and therefore have a contract of insurance(c) the majority of us work and will have a contract of employment(d) we all buy goods and services daily (e) most of us travel on public transport

In other words, we are all subject to the law of contract. For a legally binding contract to exist there are fundamental, essential elements which must exist.

The main ingredients for a legally binding contract are offer, acceptance, consideration, intention and capacity to contract. There follows a very ‘brief’ introduction to each of these essential elements.

(a) Offer All contracts are initiated by an OFFER, made by the offeror.

An offer may be made orally, in writing or by conduct. An offer MUST be communicated to the offeree before it can be accepted. This really is just common sense, an offer cannot be accepted by an offeree who knows nothing of an offer! It is a point which has been considered, particularly in relation to circumstances where a reward is offered.

Example: A offers a reward of £10 for the return of his lost dog. B finds the dog, reads his collar and returns the dog to the owner knowing nothing of the offer. He later discovers that a reward was offered - can he claim the reward? No, he did not know of the offer, he returned the dog to the owner without knowledge of the offer, so his actions did not constitute acceptance of the offer of which he was ignorant.

An offer made is binding upon the offerer unless the offer is withdrawn BEFORE it is accepted. An offer may be made to an individual, to a group of people (as in the

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reward situation above) or to the world at large. The case of Carlill v Carbolic Smoke Ball Company demonstrates some of the issues which arise with an offer made to the world at large (see below).

A common legal problem regarding offers is the distinction between an offer and an invitation to treat.An offer must be certain and specific, and be capable of acceptance.

An invitation to treat simply provides the opportunity to make an offer. It invites persons to make an offer. For example, a car on the roadside, with a sign in the window which states ‘FOR SALE, £999’ is an indication that the vehicle is for sale, and the owner may accept an offer for £999. Similarly, goods in a window display, or on a shelf in a supermarket with a price tag, are an indication that the shop will accept an offer in the amount indicated.

If the sign in the car, or the price on the goods were an offer, then problems could, and would occur. Consider, what would happen if three people contact the owner of the car at the same time and ‘accept’ the £999.00 price. Who has the contract for purchase of the car?

No party in contract is ever under any obligation to accept an offer made to him. We have seen that contractual obligation is a voluntary act. A party may choose not to accept any offer made to him. Therefore, no contract will exist.

Several cases illustrate the in relation to the difference between an offer and an invitation to treat, namely, Pharmacetucial Society of Gt Britian v Boots Cash Chemists Ltd.1953, Fisher v Bell 1960, and Partridge v Crittenden 1968.

Again, when an auctioneer calls out - "who'll bid five pounds?" - his cry is not an offer but an invitation to others to make offers. The invitation to bid, is the invitation to treat. It therefore follows that a bid of five pounds from the floor is not an acceptance of the auctioneer's offer. The bidder is the offeror and the auctioneer the offeree who may accept or refuse the bidder's offer.

An offer can be terminated in several ways;(a) an offer may be revoked or withdrawn any time before acceptance

(which must be communicated to the offeror)(b) the offer will terminate on the death of the offeror before any

acceptance (c) if a time period is specified for acceptance, the offer will terminate

on expiration of that time period(d) a counter offer will terminate any original offer.

(b) Acceptance

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In order to proceed on the path to creation of a contract there must then be ACCEPTANCE of the offer. Acceptance must be unqualified and absolute, agreement to the precise terms of the offer.. Any variation of the offer, will be a counter offer and will require its own acceptance.

Acceptance may have conditions imposed, ie. that it must be in writing or by post, or within a certain time scale. Any acceptance in these circumstances must comply to be effective.

Acceptance may be express, implied or by conduct. See (Carlill v Carbolic Smoke Ball Co. below)

There are further rules in relation to offer and acceptance by post and instantaneous communications (telex, fax etc.). (c) Consideration It does not automatically follow that all incidents of offer and acceptance lead to a binding contract. There must also be ‘consideration’ which can be defined as “the price for a promise” or “a benefit for a burden”

Consideration is essential for the formation of a valid contract. For example A promises to give B £5. If B wishes to sue for non payment he must show that something has been given in return for, as the price for A’s promise. If B cannot show this then there is no contract, A has merely made a gratuitous promise that is not binding.

If A had offered B £5 pounds in return B doing the shopping for him - this may be a binding contract. In other words, a contract is a bilateral bargain – both parties must furnish consideration in the shape of money goods or services to each other.

In Dunlop –v- Selfridge (1915) the House of Lords stated that a Plaintiff must show that he or she has bought the Defendants promise, by doing, giving or promising something in return for it’.

There are various rules in relation to consideration which will be consider further once you embark on your course of study.

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(d) Legal Capacity.

The parties entering this agreement must also have the legal capacity to enter into a contract. Some persons are restricted from entering into contracts namely: (a) minors, persons under the age of 18 (b) persons whose capacity is affected by mental disorder(c) incapacity due to the influence of drugs or alcohol.

A minor may enter into a contract, but such contracts will be ‘voidable’ by the minor UNLESS they the contract is for :-(a) contracts for necessaries Nash v Inman 1908 ‘goods which are

suitable to the condition in life of the minor and to his actual requirements at the time of sale and delivery’.

(b) contracts for services, for the benefit of the minor. De Francesco v Barnum 1890, Doyle v White City Stadium 1935.

(d) Intention to Create Legal Relations

Despite having the elements of offer, acceptance, consideration and capacity, some agreements are not binding in English law - the reasons being essentially practical.

These agreements are said to lack the INTENTION to create legal relations. Presumptions exist in relation to intention. There are two rebuttable presumptions which operate, namely,

(a) commercial transactions, where the presumption exists that there is an intention to create legal relations

(b) domestic and social arrangements, where the presumption exists that there is no intention to create legal relations - Balfour –v- Balfour 1919- Merritt –v- Merritt 1969

If there is any evidence to the contrary, then both of the presumptions can be rebutted.

(e) Legality It seems almost superfluous to say that agreements must not be illegal. For example, an agreement to commit a crime will not be upheld by the civil courts as being binding in contract. Thus, if A and B agree to break into a house and share the proceeds of the theft, it is obvious that A and B cannot sue each other if something happens to go wrong.

The law goes further however and states that a number of agreements although not illegal, are nevertheless not binding in contract on grounds of public policy. For example, betting and gaming agreements are void and bookmakers cannot sue their customers for the unpaid stakes, and

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vice-versa, customers cannot sue bookmakers for unpaid winnings.

(f) Form Finally, the common law does not insist on any particular form for a simple contract. A simple contract is a contract which can be made orally or in writing. These contracts are not under seal and must be supported by consideration and the other formalities detailed above. It is one of the most popular of all legal misconceptions that a contract in order to be enforceable must be in writing. Indeed, the contrary is the case - a valid contract exists if entered into verbally provided all the other elements exist.

There are however certain contracts which, for practical reasons, statute requires must be in a specific form. For example: -

(a) credit agreements MUST be in writing;(b) contracts by deed, ie a conveyance of an interest in land;

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The case of Carlill v Carbolic Smoke Ball Co 1982 demonstrates a number of issues which can arise in relation to the elements of a legally binding contract.

Here the Defendant proprietors of the ‘Carbolic Smoke Ball’ placed advertisements in newspapers which offered to pay £100 to anyone who contracted flue after using the ball three times per day for two weeks. Also, that they had deposited £1,000 at the Alliance Bank, Regent Street, ‘to show our sincerity in the matter’. The claimant, used the ball as advertised and then contracted influenza during the course of treatment. She sued for £100.

Defendants argued a number of issues in relation to the contract. The Defendants argued….(a)that the offer was too vague as no time limit specified for protection –

court said it surely must have been the intention that protection would be at least the period the treatment was taken.

(b)that the statement was ‘mere advertising puff’ and therefore no intention to create legal relations. Court said a deposit of £1000 at the bank was clear evidence of intention to pay claims

(c) that an attempt to contract with the whole world’ was impossible in English Law – court took view that advertisement was an offer to the world at large, and it was possible to make an offer of this kind (similarly with reward cases)

(d)that the claimant hadn’t supplied consideration – court took view that using the inhalant three times per day for two weeks was sufficient consideration

(e)that there had been no communication of acceptance. The Court said, referring to reward cases, acceptance could be by conduct, ie. purchasing and taking the smoke ball.

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2.1.2Terms of a Contract A contract is made of terms and conditions, some of which may be important and fundamental to the operation of the contract and some of which will be less significant. Further, some terms may be agreed specifically between the parties and some may exist by the operation of statute.

Firstly, terms may be Conditions or Warranties.

A condition is any term whether in writing or not, which goes directly to the root of the contract. It is so essential to the contract, that if it is broken the contract will end.

A warranty is any term which is secondary or subsidiary to the main purpose of the contract. A breach of warranty is not so fundamental and if broken, will not end a contract.

If a condition is breached, this will mean the contract can be ‘rescinded’, or ended. If a warranty is breached this will give rise only to a claim for damages.

Conditions - fundamental element of the contract breach = rescission/repudiation Warranties - less serious element of the contract breach = damages

Secondly, terms may be Express or Implied. Express Terms are terms which are agreed specifically and clearly defined in the contract between the parties. This is freedom of contract, parties are free to negotiate and agree on any terms in any contract.

Implied Terms are terms implied by legislation, regardless of any agreement between the parties. Implied terms exist purely by operation of statute which may insert terms into particular contracts. For example, the Sale of Goods Acct 1979 (as amended) implies terms into contracts of sale, that goods will be of a satisfactory quality. This need not be negotiated, discussed or written into a contract, it exists purely by operation of the Sale of Goods Act.

2.1.3Remedies in Contract(a) Money Damages Although the main contractual remedy, it is not normally the remedy which springs to the mind of a consumer whose goods turn out to be faulty. He will probably be more interested in getting the goods replaced or repaired at little or no extra cost. The rules relating to damages were established in the case of Hadley v Baxendale (1854). Here, a miller encountered a problem with the mill crankshaft that required repair. He made a contract with B, a carrier, to take it to London so that a new one could be made. B took much longer than he promised in delivery and H sued B for breach of contract. He claimed for loss of profits suffered as a result of the delay. The court held that the loss of profits was not recoverable since it was not the natural foreseeable consequence of B being slow in delivery of the crankshaft.

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The miller might have had a spare one to keep the mill going. The carrier was not notified of the essence of time in the contract. Losses which are not reasonably forseeable will not be recoverable in contract. Also, parties to a contract have a duty to ‘mitigate their losses’ ie. keep their losses to a minimum. (b) Specific Performance This is an equitable remedy and, as you will recall, is discretionary on the part of the Court. In English law the Courts may be reluctant to grant 'Specific Performance' as it is often unrealistic to speak of compelling performance in cases where a party is refusing to perform or has broken his contract in a serious way. It would be rather like 'bringing a horse to water but you can't make it drink'.

(c) Injunction This is an equitable remedy involving a Court order which will usually consist of a prohibition on one party from continuing with a particular action, i.e preventing someone from continuing with a particular behaviour.

In Warner Bros Pictures Ltd v Nelson (1936), Nelson (Bette Davis) made a contract to appear in films only for Warner Brothers for a period of time. She then wished to contract with a competing film company. Warner Brothers asked the court for an injunction preventing her from making films for anyone else. The court held that the injunction would be granted to prevent the breach of contract. In other words Bette Davies was stopped by the order of the court from breaking her contract and she had to adhere to the contract as agreed with the film maker.

SELF TEST QUESTIONS

Q. What would be the result if retailers made an offer each time they displayed goods, rather than an invitation to treat.

Q. A seller mistakenly prices a Mont Blanc pen on display a £9.99 instead of £199.99. Applying the concept of offer and invitation to treat, is the seller committed to sell the product at the price indicated?

Q. What is the difference between an ‘offer’ and an ‘invitation to treat’?

Q. B promises to give C £100 if he paints his garden wall. C had already agreed with D that he would paint the wall. D paints the wall and the discovers the agreement between B and C and demands the £100. Are there any valid contracts in this scenario. Q. Consideration need not be adequate. What does this statement mean?

Q. I will sell you my car for £599.00. If I don’t hear from you by Friday I shall assume you accept and deliver the car on Saturday. Is there a valid contract in this scenario?

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Q. Presumptions in relation to an individuals intention to create a legal relation ship exist in the law of contract. What are these presumptions?

TORT 2.2.1 Tortuous Liability

In the Law of Torts we are concerned with civil wrongs, in circumstances where there is an infringement of an obligation, which involves the imposition of liability on a party.

As mentioned above, torts in English Law include negligence, nuisance, trespass, assault and battery as well as defamation and libel. General principles of tort may be described as:-

(a) holding liable only the actual wrongdoer, and,(b) liability being dependent upon a context in which the person

concerned may be said to be morally blameworthy .

They principles of tort are often referred to as the underlying general principles of "INDIVIDUAL RESPONSIBILITY" and " NO LIABILITY WITHOUT FAULT".

However, there are situations, as we shall see later, where this maxim of "no liability without fault" does not apply. Such cases fall under the classifications of strict liability and vicarious liability.

Whereas contract law is the legal ‘enforcement of promises, tort is concerned with compensating a victim who has suffered loss or injury as a result of the civil wrong.

2.2.2 Negligence

We have looked at tortious liability in general terms, let us now examine the tort of negligence in particular. Before looking at how liability in negligence arises, let us first clarify the meaning of negligence. It may refer to an attitude of mind or carelessness, an act or omission may constitute negligence. The tort of negligence may be defined as “a breach of a legal duty to take care which results to damage to the claimant”.

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To prove liability in negligence a Claimant must establish three essential elements:

(a) A duty of care owed by the defendant to the Claimant.(b) A breach of that duty by the defendant.(c) Actual damage caused to the Claimant by the defendant's breach of

that duty. (damage must not be too remote, ie. It must be reasonably foreseeable, see Hadley v Baxendale 1854 above))

It is important to remember that to make a successful claim in negligence, all elements must be proven.

(a) Duty of Care The general rule is where it is reasonably foreseeable that particular actions or behaviour may expose other persons to a risk of damage, loss or injury, a duty of care will be owed to those persons at risk.

There is no definitive list laid down by the courts where a duty of care exists. New situations are arise regularly where a person is injured and is claims that the defendant owed him a duty of care. here are however some established cases where the Courts have found a duty of care is owed which include the following:

- A driver owes a duty to other road users - Manufacturers owe a duty of care to make their products safe for consumers - A surgeon owes a duty of care to his patient to operate with reasonable care and skill.

There has to be some means of deciding whether a duty of care is owed in any particular situation. A test has been devised and laid down by Lord Atkin in the now famous case of Donoghue v Stevenson 1932, mentioned above. This test is commonly referred to as the ‘neighbour principle’ or the neighbour test.

Here as outlined above, a manufacturer made and bottled ginger beer. A friend bought a bottle for the appellant who poured and drank half of the bottle from a glass, but when she emptied the remainder in the glass, the decomposed remains of a snail floated out. She became seriously ill and sued for damages.

The House of Lords held that no contract existed between the manufacturers and the Plaintiff, however the manufacturer owed a duty of care to anyone he could reasonably foresee would be likely to be injured by drinking the ginger beer. The Court found that, the manufacturer had failed to take sufficient precautions in production of the product and had breached the duty of care that he owed the plaintiff.

In this case, Lord Atkin said that "You must take reasonable care to avoid

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acts or omissions which you can reasonably foresee would be likely to injure your neighbour”. Who then is your neighbour? The Court went on to state that neighbours are “persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my ind to the acts or omissions which are called in question”. (NB This is a very famous and important legal quotation, therefore you should try to recall it and also remember the case in which the statement was made.)

Applying this principle, a neighbour may vary in any given situation. In a drivers situation, his neighbours may be all other road users and pedestrians using the roads. In the Donoghue case, the neighbours were anyone likely to consume the ginger beer.

(b) Breach of Duty. Once we have established that the defendant owes a duty of care to the Claimant, it must be determined whether he has broken the duty of care. The defendant has breached his duty of care if he has behaved unreasonably in that his conduct has fallen below the reasonable standard of care which may be expected of him, i.e. the standard of care of the reasonable man. Thus the question posed and considered by the Court will be what could the reasonable man have done in the circumstances. If the defendant is a surgeon, the court will ask what would the reasonable surgeon have done in the circumstances.

There are three guiding principles to determine whether there has been a breach of the duty of care: (a) Likelihood of injury. There will be no breach if reasonable precautions

have the defendant. Bolton v Stone, (1951) (b) Seriousness of the risk of harm. The greater the risk of injury, the

more care a defendant should take to prevent the injury occurring. Paris v Stepney Borough Council, (1951)

(c) the nature of the act of the defendant. Where the risk of averting a worse danger may be justified, a defendant will not have broken the duty of care. If the court considers the risk of injury he exposed others to was not unreasonable in the circumstances. Watt v Hertfordshire County Council, (1954)

(c) Damage. So far we have established a duty of care and that the defendant was in breach of the duty. Now we have to establish that the damage caused was as a result of that breach. The requirement of damage means that the tort of negligence is only actionable on proof of damage. It is not actionable per se, i.e. in itself without proof of damage.

A claimant must prove a causal link between the act and the damage.

There are two important rules relating to damage:

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(a) It must not be too remote.(b) damage must be reasonably foreseeable

Despite a causal link between the act and the damage, a Claimant may fail to recover compensation if the damage is said to be too remote a consequence of the breach. The Wagon Mound Case, 1961, here oil escaped onto water in a harbour where ship repair was taking place. Work was suspended but on the considered decision that oil floating on water would not be ignited by sparks, work re-commenced. However, a welding sparks ignited a piece of cotton waste which was floating on the oil, which caused the oil to alight. The harbour and wharf areas were badly damaged. The Court held that the foreseeability of harm was too remote.

2.2.3 General Defences to Actions in Tort Although some torts have particular defence which a defendant can raise, there areseveral so-called general defences which a defendant may raise if appropriate to hiscase. General defences: (a) Inevitable accident.(b) Consent or Assumption of risk (volenti non fit injuria).(c) Self-defence.(d) Statutory Authority.

To this list we can add the further general defences of:(e) Act of God.(f) Necessity.(g) Mistake.(h) Act of State.(i) Illegality.

Volenti non fit Injuria by way of general translation means ‘no injury can be done to one who voluntarily accepts the risk”. Using this Defence a defendant may be successful in preventing a Claimant from complaining of conduct which would normally be actionable because of his 'consent to the injury' e.g. in sports involving physical contact such as motor racing, boxing, rugby or sky diving etc. Here there is an obvious danger associated with the activity. If the risk is voluntarily accepted, then a Claimant will be prevented from taking any action for loss or damage which results in the normal sequence of events.There are a number of cases involving use of this Defence. See :

- Cutler v United Dairies 1933

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- Baker v Hopkins 1959 - Burnett v British Waterways Board - Simms v Leigh Rugby Football Club 1969- Nettleship v Weston 1971

2.2.4 Remedies in Tort The remedies that we must examine, which are available to a plaintiff who has suffered injury as a result of the tort, are as follows: (a) Damages(b) Injunction(c) Specific restitution

Damages Let us first examine this remedy and how damages are awarded for tortuous liability. Damages are generally compensatory in nature, i.e. their purpose is to put the plaintiff in the position he would have been in if he had not suffered the tort.

For personal injuries sometimes restoration of the Claimant to his original position is impossible, e.g. if there is loss of limb. The Courts have attempted to establish some sort of uniformity in these cases and use guidelines to assess the quantum of damages in cases concerning personal injuries. Damages for personal injuries are awarded by the courts under the following headings:General damages will be paid for :

(i) pain and suffering(ii) loss of enjoyment of life, or amenity, e.g. brain damage(iii) loss of expectation of life(iv) prospective loss of earnings

Special damages will be paid for (v) loss of earnings both actual (vi) loss of damage to property (vii) cost of medical care or treatment

In Picket v British Rail Engineering Limited (1979) H L. The court decided that earnings during 'lost years' should be taken into account. This simple example explains the approach the court takes in such circumstances. If A aged 30 is injured by negligence and would have lived to 70 but since the accident only to 50, then earnings from 30 - 50 years and 50 - 65 (the lost years) must be taken into account.

Deductions in the amount of damages awarded. In British Transport Commission v Gourley (1955) H L the court decided that damages awarded must be reduced by the amount which would have been paid in tax on earnings. However, the reduction is not paid to the Inland Revenue so this benefits the defendant or his insurance company. This is a fair deduction because damages are compensatory, gross salary must be reduced to net salary to achieve the true level of

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compensation.

Damages For Nervous Shock. For damages for nervous shock there are obvious problems. The general rule is that damages are available where the nervous shock causes physical illness or is associated with physical injury, ie. The clinical diagnosis of post traumatic shock disorder. This is more than merely a shock of an incident, but an impact on ones mental state.

Injunction The injunction, because it is an equitable remedy, is discretionary and will only be granted where damages are considered by the court to be inadequate. An injunction can be used to prevent the commission, continuance or repetition of a tortuous act, i.e. where a nuisance is a continuing nuisance such as smoke frequently emitted from a chimney.

Specific Restitution Where a plaintiff has been deprived of possession of land or goods the court may order specific restitution which means restoration of the property to the plaintiff.

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SELF TEST QUESTIONS

Q. What do we mean by the terms ‘tort’ and ‘tortious liability’?

Q. There are different torts in English Law. Provide some examples of torts and outline the nature of each.

Q. The law of tort covers the tort of negligence. What is negligence?

Q. The leading case in negligence is that of Donoghue v Stevenson 1932 This case laid down the foundations of law required to take an successful action in negligence. What were these foundations?

Q. In the tort of negligence, who is your neighbour?

Q Perhaps the most common remedy in tort is that of damages. What is the aim of damages awarded in tort? Outline any alternative remedies which may be awarded at the Courts discretion.

Q. Outline the defences available in action in tort.

Q. What is the meaning and effect of the maxim volenti non fit injuria?

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Section 33.1 Organisations within the Consumer Protection Environment

A range of organisations operate within the consumer protection arena, each playing a different role. Organisations include Central Government departments, to local authority services, and other public sector organisations. There follows some information on some of these organisations, with some examples of their roles.

3.1.1Central Government

During the early 1970’s the Government in power was Labour, and they made great headway into protecting consumers which went beyond merely creating a fair trading environment.

Funding was made available to Local Authorities to fund Advice Centres where consumers could go for advice, support, assistance.

However, when the Conservative Government took office in 1979 they abolished many of policies introduced by labour, including funding for Advice Centres – most of which were forced to close.

The new Conservative government also felt that too much regulation for business was restrictive and introduced a regime of de-regulation.

The role of central government includes

Policy – will undoubtedly influence and effect the consumer protection framework

Legislation –maintaining and updating legislation to keep up with the marketplace

Funding – through its Departments ie. Department of Trade & Industry

Appointments – Ministers and Heads of Departments ie. Secretary of State, Minister for Consumer Affairs.

3.1.2The Department for Business, Enterprise and Regulatory Reform

The Department was previously known as the Department of Trade and Industry (DTI) was created June 1983 “to increase competition, scientific excellence, generating sustainable growth, jobs and opportunities and an enhanced quality of life for all in the UK”

The Better Regulation Executive (BRE) is part of the Department for Business, Enterprise and Regulatory Reform and leads the regulatory reform agenda across government aiming to improve the design of new regulations and how they are communicated; to work with departments and regulators to simplify and modernise existing regulations; and to work with

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regulators (including local authorities) and departments to change attitudes and approaches to regulation to become more risk-based.BERR seeks to ensure that UK consumers are treated fairly, know their rights and can use them effectively, and that consumer law is fair to both consumers and business. The Department regularly addresses consumer related issues, and conducts sector specific investigations. Currently, consideration is being undertaken on consumer law and consumer protection regime in the United Kingdom. A consultation is also ongoing regarding ticket touting. BERR also has lead responsibility for small business and enterprise policy. The Enterprise Directorate within BERR to ensure that Government – national, regional and local – understands and responds to the needs of entrepreneurs and small businesses.

The Department is also committed to fostering competitive markets in the UK, EU and worldwide. By fighting anti-competitive practices and promoting open markets, we enable companies to compete freely and fairly, giving UK consumers more choice and better value 3.1.3Office of Fair TradingThe OFT is the UK's consumer and competition authority whose mission is to make markets work well for consumers. Consumer Credit Licensing - Consumer Credit Act 1974 requires that, businesses who offer goods or services on credit or lend money or are involved in activities relating to credit or hire must be licensed by the OFT, who monitor the fitness of those holding or applying for licences.The OFT can refuse or revoke a licence if it decides that a trader is not fit to hold one. Where there are substantiated doubts about a trader's fitness, the OFT issues a 'minded to refuse' or 'minded to revoke' notice. This is a formal notice letting the trader know that the OFT is minded to refuse to grant a licence or to revoke an existing licence.The Consumer Credit Public Register is maintained by the OFT. The register documents traders that hold a licence and any action taken against them. It also details traders that have applied for a licence. The register is available for public inspection online. Cartels are a particularly damaging form of anti-competitive behaviour - taking action against them is one of the OFT's priorities. Businesses as well as consumers could be a victim of a cartel.

Approved Codes of Practice - The aim of the Consumer Codes Approval Scheme is to promote and safeguard consumers' interests by helping consumers identify better businesses and to encourage businesses to raise their standards of customer service. The OFT examines codes of practice, against a set of stringent criteria. Where the criteria is satisfied, the OFT may approve codes of practice adopted by code sponsors (for example, a trade association).Consumer Education - The OFT takes a strategic approach to consumer education aiming to give consumers the skills and knowledge to function confidently, effectively and responsibly when buying goods and services. The OFT created the Consumer Education Alliance in 2005. The Alliance brings together organisations and individuals who work with consumers, enabling them to coordinate work, share ideas and make best use of resources.Office of Fair Trading and Trading Standards Services - Local Authority Trading Standards Services (TSS) are key partners in implementing the

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consumer law regime, which lies at the heart of UK economic policy. The OFT and TSS share enforcement powers and work closely to provide an efficient and effective services for both consumers and businesses. Since December 2005, the OFT has also had responsibility for championing and providing regulatory leadership to TSS. The OFT has a ‘Programme of Joint Action’ which outlines a joint vision for Trading Standards Services. The programme strives to ensure that the service is collaborative, and delivers first rate services and promotes the well-being of local communities.

3.1.4 Trading Standards Services Trading Standards Services are funded by and accountable to local authorities, and are required to work to national priorities set by government departments and agencies, as well as local priorities set by elected councillors which focus on the particular needs of the local community. Trading Standards Services ensure that consumer legislation and regulations are properly enforced and are able to take action against traders who infringe legislation. Departments also usually offer a range of information to help consumers understand their rights and make good choices and liaise closely with other regulatory bodies that also have enforcement powers, for example, environmental health and licensing. Trading Standards enforce a far broad range of legislation and often have responsibility for a wide range of consumer protection issues, including

metrology animal health food safety and food labelling fair trading underage sales of tobacco, alcohol, knives and fireworks.

3.1.5Citizens Advice Bureaux

The fundamental principle of the Citizens Advice Bureaux is “to provide free, independent advice which is both confidential and impartial”

The Citizens Advice Bureaux relies heavily on volunteer workers who, with paid employers, offer advice and assistance to members of the public on a wide range of topics including consumer related issues.

3.1.6Consumer Direct

Consumer Direct is a national consumer helpline delivering first tier initial advice to consumers who have encountered difficulties with goods and/or services purchased. The organisation will offer advice and assistance, including literature available the website, to enable consumers to resolves issues with businesses.

3.2 Consumer Protection through civil law provisions

Traditionally, Trading Standards Services have used the criminal law framework to secure compliance with consumer protection legislation, infringement of which was an offence punishable by sanction.

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However, breach of civil provisions was often left to consumers, who had to secure redress individually.

Part III of the Fair Trading Act 1974 provided for an order to be secured where a traders ‘persistently behaviour’ breached a consumers rights. However, such action was required to be taken by the Office of Fair Trading, and required significant evidence to be collected, prepared and collated by Trading Standards Departments, and passed to the OFT, sufficient to establish the necessary ‘persistence’.

Whilst the concept of an injunction preventing traders from particular behaviour is appropriate, Part III of the Fair Trading Act 1973 was considered to be slow, time consuming and ineffective.

In 1999 the Stop Now Order Regulations were implemented, and these have subsequently been incorporated into the Enterprise Act 2002 which permits Trading Standards Departments (as well as other qualified entities), to make applications to the civil courts for an ‘enforcement order’ preventing specific actions, conduct or behaviour which is harmful to the ‘collective interests of consumers’

Once granted, if an enforcement order is breached, the Service may apply to the Court for an order for contempt of court, the punishment for which is imprisonment, and unlimited fine.

Consequently, Regulators have the option of a breadth of enforcement mechanisms across both the criminal and civil law frameworks. Regulators are now able to use civil procedure to secure an injunction against a business which causes detriment to the collective interests of consumers. An enforcement order may be sought where the breach is of a criminal or civil nature.

3.3 Small Claims track procedure

The small claims track procedure in the County Court is designed to improve access to justice. The process is a simplified procedure for all claims up to £5,000, or for personal injury claims in excess of £1,000.

The procedural rules which apply to other categories of claims (ie. fast track and multi track), are relaxed allowing lay persons to pursue actions without the necessity of legal assistance. The process allows actions to be taken more easily, quickly and at minimum cost. Whilst either party may appoint legal representation, the cost of such representation cannot be recovered in small claims track actions.

The steps for taking an action are as follows

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Letter before Action o this is a formal letter notifying the potential defendant of your

claim which makes formal request for redress, and will indicate your intention to issue proceedings.

Summons (N1) and Particulars of Claimo this is the document completed by the Claimant (the person

making the claim) issued by the Court, and which commences the action against the Defendant (the person against whom the claim is made.

Defence o The Defendant is permitted an opportunity to respond to the

allegations made in the Summons and Particulars of Claim. This is done in this document setting out the basis on which the claim is disputed.

Allocation Questionaire o This document is completed by both the Claimant and the

Defendant and provides the Court with sufficient information to identify the issues, and set a date for the hearing.

Witness Statement o These are generally prepared by both parties and sent to each

other in advance of the hearing (usually at least 14 days before). The statement gives notice to the other party of your case, and the evidence on which you in the claimant intends to rely. Information not disclosed in the witness statement, may be excluded in any subsequent hearing.

Hearing o The hearing of a small claims track action will take place in the

District Judges ‘Chambers’. This is a private office, where an informal hearing, often directed by the Judge, will take place.

The Judgement o The District Judge may make a judgement at the hearing or he

may defer judgement, and send a notice to both parties at a later date. If the matter is straightforward, a judgement will usually be forthcoming at the conclusion of the hearing. Where matters are more complex, requiring consideration, a judgement may be sent to the parties by post shortly after the hearing.

3.4 Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) may be described as a method of resolving disputes and securing redress without reference to the formal adjudication process in the civil courts.

The common methods of ADR include : -

Arbitration - Arbitration involves the use of an impartial and independent third party who will hear the submissions/accounts of both sides. An arbitrator may be legally qualified but also, and possibly more often, he/she will be an individual with a specialist knowledge of a particular field

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http://www.tradingstandards.gov.uk/wirral/countycourtindex.htm#summons%23summons

http://www.tradingstandards.gov.uk/wirral/countycourtindex.htm#letter%23letter

of industry or subject matter.

The arbitration process may have some formality, but will not have the procedural requirements of the civil procedure in a civil court. Where the parties agree to resolve a dispute by way of arbitration they will often be bound by the decision of the arbitrator. A consumer however, cannot be ‘required’ to resolve disputes by arbitration, and may seek to pursue a matter through the civil court, or by other means if they choose to do so.

Mediation - This consists of using a neutral third party, namely the mediator, to help the parties who are involved in a dispute to reach common ground and thereby agree a resolution. The mediator acts as a facilitator – enabling communications and discussion, allowing an opportunity for negotiation and compromise between the parties.

The mediators’ role is different to that of an arbitrator as there is no ‘direction’ of resolution. The mediator does not make the decision, rather facilitates the dialogue, necessary for the parties to come to a decision themselves. Mediation is common in domestic and neighbour disputes.

Conciliation – This is similar to mediation in that a third party helps parties to reach a resolution. Conciliation is again a process which allows an impartial third party to take part in dispute resolution but here the conciliator takes more of an active role in discussions the between the parties. Whilst hearing submissions and arguments from both sides the conciliator does not make a decision, but facilitates the negotiations by making suggestions and recommendations as to solutions to help the parties reach a mutually agreeable resolution.

A mediator will not make such suggestions, merely promote discussion. A conciliator is more interactive in bringing about an agreement. Codes of Practice – often set out a complaints resolution process which provides an alternative to the formal judicial process. Codes of Practice may be adopted by businesses who are members of a larger organisation such as the Association of British Travel Agents, or the Federation of Master Builders. Alternative methods of dispute resolution in these organisations will often include arbitration

Ombudsmen are also a method of alternative dispute resolution and are discussed below.

3.5 The Role of Ombudsman Ombudsman is a Swedish word and means representative or agent of the people. Sweden had the first ombudsman in 1809 and other countries used the word when they appointed ombudsmen of their own. There are over 20 ombudsmen in the United Kingdom and Ireland, and they all look into different kinds of complaintsOmbudsmen are independent, impartial and provide a free service. They

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investigate complaints that haven't been solved by the organisation complained against. Ombudsmen investigate complaints when something has been handled badly or unfairly, making someone suffer as a result. This is sometimes called maladministration. Examples might include unreasonable delay, rudeness, failure to follow proper procedures, bias, knowingly giving advice which is misleading or inadequate, and refusing to answer reasonable questions.When an ombudsman investigates a complaint he or she can either uphold (find it in the favour of the person who has complained) or not uphold it (find that the organisation complained about has not behaved wrongly). The ombudsman can usually recommend redress: a sort of compensation for what has gone wrong.

3.6 Self Regulatory Bodies A self-regulatory body is an organisation that exercises some degree of regulation over an industry or profession. Such organistaions may evolve from a grant of authority from the government, such as the utilities regulators, now Consumer Focus, or the Financial Services Authority. Others may be developed and funded by an industry, such as the Advertising Standards Authority, and the Press Complaints Commission.Self regulation can be a successful model, which allows the flexibility of responding swiftly to the changing elements and nature of an industry which is so regulated.

3.7 Forms of Business Organisation Businesses operating in the UK marketplace can take many different forms. One commercial enterprise, may consist of one individual sole trader, while another may be a multi-national company operating via a large number of outlets in the UK, and outside of the UK. It is important to establish the legal nature of business organisations, in order to establish liability and the correct legal personality.

Sole TradersA sole trader is perhaps the simplest way to run a business as it does not require any formal system of registration or set up fees. A sole trader will often, with the assistance of an account, keep his own records, and must register as self employed with HM Revenue and Customs. A sole trader is an individual who is self employed who may adopt a trading name, which may or may not be his own name. For example, Robert Smith, may trade as Robert Smith, Painter and Decorator, or he may trade under a name, such as First Class Painting and Decorating. Robert Smith will attract personal unlimited liability for all contracts and debts of the business. A sole trader has absolute independence, ease of set up and running, and is able to retain all the profits. A disadvantage however may be lack of support and unlimited liability, the fact that you are personally responsible for any debts run up by your business

PartnershipsAlternatively, two or more individuals may share the risks associated with running a business, and create a ‘partnership’. Each partner is self-employed and takes a share of

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the profits, shares in the decision-making and is personally responsible for any debts that the business runs up. As with a sole trader, a partnership has no legal existence distinct from the partners themselves. If one of the partners resigns, dies or goes bankrupt, the partnership must be dissolved - although the business can still continue.A partnership is a relatively simple and flexible way for two or more people to own and run a business together and can benefit from a range of different skills and experience of the partners. As with sole traders however, partners do not enjoy any protection if the business fails, and will face personal unlimited liability for any obligations and/or debts. Limited CompaniesA private limited company is a legal personality in its own right. This means that it is the company who enters into contracts, and it is the company who face the obligations which arise out of those agreements. Further, a company's finances are separate from the personal finances of their owners.Shareholders may be individuals or other companies. They are not responsible for the company's debts unless they have given personal guarantees. The directors of a private limited company have limited liability in respect of the obligations and debts which arise, although they may lose the money they have invested in the company if it fails. Directors of a limited company have additional legal obligations including maintenance and publication of accounts.A public limited company (plcs) must have at least two shareholders and must have issued shares to the public to a value of at least £50,000 before it can trade.

FranchisesPurchasing a franchise is a way of buying into a successful business, allowing an individual to take advantage of the success of the established business. A ‘franchisee’, (the individual who purchases a franchise) will buy a licence to use the name, the products and services as well as business model of the ‘franchiser’ company. A franchisee will usually be subject to an initial fee, ongoing management fees, and a percentage of turnover of the franchise. A franchise business can take different legal forms - most are sole traders, partnerships or limited companies. Whether the franchisee is a sole trader or limited company, whatever legal structure is adopted, the franchisee's freedom to manage the business is limited by the terms of the franchise agreement

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Section 4

Assessment

3.1 Written Report

The objective of this element of the assessment is for you to observe and describe a criminal case in a magistrates’ court. You can visit any magistrates’ court and sit in a hearing as any member of the public can. Each court has a public gallery which, in many cases, is simply a row of chairs at the back of the court.

If you have never visited a court before it may be an idea to have a word with a court usher when you arrive at the building. Ushers are easily spotted as they tend to wear black robes. The usher can advise you which case may be the most interesting and will direct you to the appropriate courtroom.

NOTE:

1. It can be a case about anything; it does not have to be related to consumer law.

2. You do not have to stay for a complete trial (some can last for days!) and you may even “dip in to” one or more trials over a period of time.

When you are in the court simply sit there and observe what goes on.

Where possible, consider the following when you are in a trial:

Brief facts of the case. What the defendant is charged with. The defendant may be an

individual or a company. The order of proceedings. For example, what is the first thing that

happens once the bench of magistrates are seated? Who makes an opening statement and what is this about? What does the clerk/legal advisor to the court do during the case? What is the role of the usher? There may be witnesses for both the prosecution and the defence.

What is the order of questioning of the witnesses? What sort of evidence do the witnesses give? Are there any exhibits shown to the magistrates? Who makes a closing statement? What happens after the closing statement? How does the bench deliver its verdict and what sort of remarks do the

magistrates make? If it is a guilty plea, what is the “punishment”? What reference is there to compensation or costs? Are any mitigating circumstances put forward by the defence?

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There is no word limit for this written report because criminal cases involve a wide range of matters. As such, I do not want to impose any constraints but it may be an idea to aim for about 3 to 5 sides of typed A4 (12 point font and 1½ spacing).

3.2 Assignment

The assignment consists of four separate questions. As a guide, try and aim for about 750 words maximum for each of the four questions i.e. a total of around 3,000 words.

Question 1

This question concerns aspects of statutory interpretation.

See Slapper & Kelly (Ch. 5).

1. What must an English court do if it finds that an Act of Parliament is incompatible with European law?

2. Explain what is meant by (i) the ‘literal rule’ (ii) the ‘golden rule’ and (iii) the ‘mischief rule’ when interpreting statutes.

3. What does the phrase ‘eiusdem generis’ mean?

4. Why is the ‘mischief rule’ so favoured today?

5. What are the implications from the case of Pepper v. Hart (1992)?

Question 2

This question examines aspects of the general law of contract.

Using case law to illustrate your answer, explain:

(i) The difference between an ‘offer’ and an ‘invitation to treat’.

(ii) The nature of ‘acceptance’.

(iii)The legal presumptions which exist in relation to an individuals intention regarding the contract.

(iv)How capacity may affect the validity of a contract.

Question 3

This question concerns consumer law. You may find one of the

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recommended consumer law books useful e.g. Oughton & Lowry or Lowe & Woodroffe.

a) Using practical consumer law examples explain the difference between criminal offences that require the proof of mens rea and those that are strict liability. Hint; compare regulation 8 of the Consumer Protection from Unfair Trading Regulations 2008 with regulation 10 of the same Regulations.

b) What do you understand by the term “statutory defences” (it is appreciated that this term may be new to you and has not been mentioned elsewhere in this booklet!)

Question 4

Describe the structure and role of the following organisations:

a) Local Authority Co-ordinators of Regulatory Services (LACORS)

b) The Office of Fair Trading (OFT)

Please submit the work by Monday 3 rd August 2009 .

This can be done electronically, as a hard copy or both.

NOTE: If you chose to submit self-assessment questions please try and provide these before this date so that any appropriate feed-back can be provided before the assignment is handed in.

3.3 Examination Format

The examination will be 2 hours in duration. There will be two sections and you will be required to answer two questions from four in each section i.e. a total of four questions need answering.

Section one of the examination will be based on section one of this booklet and Section two will be based on section two of this booklet.

Examples of past examination questions:

1. Explain how the doctrine of “binding precedent” operates in the English Courts, and outline its advantages and disadvantages.

2. Describe the so-called “rules of statutory interpretation” which are

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applied by the English Courts.

3. a) List the six essential elements necessary for the formation of a legally binding contract and explain the differences between an offer and an invitation to treat.

b) What are the main differences between contractual and tortious liability?

4. a) What is the effect of the postal rule? In what circumstances will the rule not apply?

b) In the case of Donoghue v. Stevenson (1932):i) Briefly explain the facts of the case.ii) What was the ratio which can be applied in subsequent

cases?

APPENDIX B

Matrix showing the relationship between the Postgraduate Diploma in Trading Standards programme and the TSI modules

MSc and PGD Programme UnitsBU Bridging Unit1 Consumer Credit & Intellectual Property (PGD)2 Fair Trading Law (PGD)3 Food Standards (PGD)4 Product Safety (PGD)5 Professional Development (PGD)6 Regulatory Framework and Compliance

BU 1 2 3 4 5 6

TSI M

odul

es

Legal Systems* Law of Contract and Tort* Consumer Protection Environment* Consumer Credit Fair Trading Civil Fair Trading Criminal Food Standards Intellectual Property Product Safety

* = TSI Foundation Modules

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