One of the biggest concerns about too big to fail in the context of financial companies is that implicit government support could lead to greater risk taking by those companies and a greater likelihood that such governmental support will be needed ? the ?moral hazard? problem.?
Edward F Greene, Knox L McIlwain and Jennifer T Scott ?A closer look at ?too big to fail? : national and international approaches to addressing the risks of large, interconnected financial institutions? (2010) 5(2) CMLJ 117-140
With reference to the above statement, critically evaluate the so-called ?too big to fail? doctrine and the related problem of ?moral hazard.?

– How to write the coursework

Assessment Criteria – Problem Question

Your work will be graded taking into account all of the following criteria:

– Structure

You need a clear brief introduction which identifies the issues raised by the question. Your answer should then progress in a logical order. You will be penalised if you do not tackle each legal issue separately, stating the law, and then applying it to the facts. Students who write out all the principles of law relevant to the problem, and then only apply it to the facts at the end, will be heavily penalised. You should provide a reasoned conclusion supported by the body of the answer. (For further help with structure and problem solving generally you should look at the Problem Solving section in the Student Handbook.)
– Content

The marking will be grading your work taking into account whether you have:

? identified all the issues raised by the problem
? displayed an ability to evaluate the significant issues as well as the wider implications of the question
? summarise legal principles at a complex level
? provided a detailed analysis of the law in relation to the facts
? displayed an ability to critically evaluate the current legal position
? demonstrated an ability to manipulate the law in order to find alternative solutions where appropriate to the problem
? provided a good persuasive argument
? made good use of supporting law. Evidence of reading beyond the main text and cases will be sought. You should be familiar relevant journal articles

– Sources

You should provide full and accurate referencing, and a bibliography acknowledging all sources used. Be sure not to plagiarise from any source (see Student Handbook for definition).

– Presentation

Credit will be given for a succinct and fluent writing style. Illegible material will not be given credit, and poor use of English will be penalised especially where it makes the sense ambiguous or meaningless.

– Referencing

All quotations from, or use of other writers? work must be properly referenced using the Oxford Referencing System (OSCOLA). Please refer to the Module Guide and see www.law.ox.ac.uk.
You should include a full bibliography at the end of your work.

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