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Affect People Sociologically
Uniformity in the law governing the international sales of goods became important. The United
Nations Commission on International Trade Law developed contract rules for the sale of goods. The
United States adopted in 1988, the Convention on the International Sale of Goods (CISG). Most of
the major trading nations use the CISG. Countries that have adopted the CISG, replaced the UCC
when a dispute between businesses takes place between different countries.[24] Contract Law and
Labor Product Specific Example of How Business Dealings Can Affect People Sociologically
Evidence of a written contract for the sale of a slave exists c. 2300 B.C.E. from the Sumerian Larsa
dynasty. In 597 B.C.E. there was a written contract for the sale of a slave ... Show more content on
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A contract can be canceled if there is a breach of contract. A material breach or the happening of a
force majeure. A change of condition can also void a contract. The performance of a contract can
become impossible, impractical, or have its purpose frustrated. If any of these situations happens
then the contract can be recisinded . Recisinding a contract allows it to be discharged and
terminated. Contracts can be unenforceable if the terms are unclear or the required elements are not
present. If the buyer does not receive exactly what is required in the contract then the buyer can
invoke the perfect tender rule. The contractee can revoke his acceptance because of
nonconformance. A contract can be legally terminated by mutual agreement, or by one party if a
reasonable reason exists. If the contract was signed under duress, or misrepresentation exists, or the
contract contained is takes then the contract can be recisinded. Once a contract has been voided by a
court of law it cannot be enforced. Contracts can be voided if the contract has an illegal activities
associated with it. Contracts with unlawful consideration and an unlawful object are void. Good
Faith and Fair Dealing Good faith and fair dealing is one of the basics of modern day
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Law Is A System Of Rules Designed By A Society
Law is a system of rules designed by a society to restrain unwanted behavior and maintains order.
Law helps decide wrong and right in a society, gives voice to the weak and discourages the might–
is–right philosophy. Nearly every state in this world has designed laws that help govern its people.
The first set of written laws called 'The Code of Ur–Nammu' were designed during 2100–2050 BC.
These laws, stated by the Neo–Sumerian King of a Mesopotamian city, proved to be pioneer in the
formation of legal systems. First set of detailed laws were formed during 1772 BC, called the 'Code
of Hammurabi'. These laws covered a wide array of topics such as trade, slavery, slander,
responsibilities of workers, and theft. These laws were quite tough where penalties were severe. The
next major development took place with the enactment of Roman Laws. They were designed in 449
BC and it was developed over a thousand years. It had a major impact on the development of legal
systems, witnessed by the continued use of Latin Legal Terminologies even today. One such term is
Stare decisis, a doctrine of precedents. Through the citation of Stare decisis courts adhere to
previous rulings when it comes to similar cases brought before the court previously. The next major
development came under the enactment of English Common Laws since 1189. These laws were
majorly created through the doctrine of Stare decisis. These set of laws continue to be the
foundations of legal systems of numerous states around
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Assignments: Human Rights Law
ASSIGNMENTS SUBJECT– STRATEGIC MANAGEMENT Select an appropriate generic
strategy to position your printing business unit in its competitive environment (map the environment
primarily as a pattern of competitive pressures from rivals, suppliers, buyers, entrants and
substitutes). The steps need to be followed to strategise printing business unit in its competitive
environment:– a) Planning for a brighter future starts with analyzing inner strengths, weaknesses,
opportunities and threats. Internal evaluation coupled with an environmental scan of the competitive
landscape. b) Differentiate your firm – It's all about creating a unique value proposition. Start with
your SWOT analysis. Everything is fair game (e.g. technology, experience, ... Show more content
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Presses usually print in one, two, four, or six colors; some presses can print eight. Digital presses are
still used primarily in specialty applications. Paper is the biggest individual manufacturing cost,
often amounting to 25 percent of revenues. Printing papers are often coated, and are bought in
sheets or rolls from distributors. Some customers provide their own paper, but most is bought for
customers, with a modest price markup. Paper prices can vary significantly from year to year.
Digital technology is changing the competitive landscape of the commercial printing market. Prices
for digital color pages are falling below offset printing prices and companies who fall behind in the
shift to digital printing are at risk. Sales & Marketing The largest single market for printing services
is advertising, for newspaper inserts, magazines, and direct mail materials. Although some work
may be done regularly for large customers under long–term contracts (magazines, product catalogs,
and phone books), most is on a project basis, often after a bidding process. Work may be episodic
and many printers keep extra presses to meet anticipated peak demands. Marketing is usually done
by a traditional sales force calling on potential customers. Commercial printing is a local business.
Small printers can compete effectively with large ones
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International Business Relations Between Countries And...
"When law is internationalized it changes, it is denationalized, modernized and liberalized,
sometimes intentionally, sometimes inadvertently"
That being said I'd like to state that International Business Transactions is a field which deals with
commercial contracts between two or more countries. They can be ranging from the simplest form–
trade to the most complicated kind of foreign direct investment. As a layman would understand it
simply means an area of law that deals with international business relations between countries
having different laws, rules and regulations. So one might think, when there is a contract of sale of
goods, services or goods and services how does the law apply to countries with different legal
systems? What happens in case of a dispute? What court of law has jurisdiction? and which
country's law applies? This is what is dealt with in the subject of International Business transactions.
What exactly is done to address this issue. Here, is where the process of Harmonization comes in.
Harmonization basically means, 'bringing together' in a way whereby you remove the difficulties
and inconsistencies between two things, here, being laws. Various attempts have been made at an
international level to regulate and harmonise laws between the various countries of the world. But,
first I'd like to give a little backdrop to the history of the harmonization process.
International trade was seen to escalate after the Second World War, especially after the
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Intb 3355 Final Review
INTB 3355 Spring 2015 Final Exam Review Document I. Political Forces 1. Political risk
Determinants of political risk a) Conflict and violence – Citizens protesting against their
government, Territorial disputes, Disputes based on ethnic, racial, or religious divisions b) Terrorism
and kidnapping – Unlawful acts of violence for a variety of reasons – Ransom, Overthrow
government, Release of imprisoned colleagues, Revenge, Punish religious nonbelievers. Situations –
Kidnapping for ransom, Paying ransom becomes counterproductive, Countermeasures by industry,
Chemical and biological terrorism, Kidnapping as a means of funding terrorist groups, Business
executives (local and international) as targets, Insurance, Prevention c) ... Show more content on
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firms at competitive disadvantage abroad? III. Assessing International Markets 1. Environmental
scanning – A version of environmental scanning in which the firm identifies desirable markets by
using the environmental forces to eliminate the less desirable markets 2. Market screening – A
version of environmental scanning in which the firm identifies desirable markets by using the
environmental forces to eliminate the less desirable markets * Basic needs potential – An initial
screening based on the basic needs potential is a logical first step, because if the need is lacking, no
reasonable expenditure of effort and money will enable the firm to successfully market its goods or
services. Assessment of basic needs potential – Easier for producers of specialized industrial
materials or equipment; More difficult for specialized consumer products. * Financial and economic
forces – Second Screening– reduces potential markets through analysis of financial and economic
forces: Inflation trends, Currency exchange rated,
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The Threat Of Cyber Security
Internet use has skyrocketed since 2000 to over 2.4 billion users worldwide, with 70% of those users
logging on every day (The Culturist, 2013).These days it takes merely minutes for news to travel
around the globe. Our airwaves are filled with tiny nuggets of information whooshing past us
undetected; that is, until it is detected. In the 21st century, cyber security is an international issue.
The threat of cyber warfare is very real and would be devastating beyond any conventional weapon
imaginable. With the entire globe becoming more interconnected, an attack on online infrastructure
could ground airplanes, control information access, hijack nuclear facilities, and perhaps most
terrifyingly, bring the global economy to a ... Show more content on Helpwriting.net ...
From 1997 to 2012, households with internet grew from 18% to 74.8%, where 94.8% of households
with computers use it to connect to the interne (U.S. Census. 2014). Computers are not the only
source of hardware connection to the internet. Other hardware such as gaming consoles, smart
phones, laptops, and tablets are also connecting to the internet as well. Smart phone use for internet
connectivity is popular among all age groups 25 and older with 45.3% usage. Among the heaviest
users were age groups 25–34 at 88.1% (U.S. Census. 2014). With the growing use of the internet,
the nation depends on a safe and stable cyberspace infrastructure for economic prosperity and more
importantly, national security.
Cyber security: What is it and why is it important? Cyber security generally refers to computer
security or IT Security and is applicable to computers, smartphones, the internet and public/private
computer networks. ?The field covers all the processes and mechanisms by which computer–based
equipment, information and services are protected from unintended or unauthorized access, change
or destruction, [? and] natural disasters (Computer Security). The National Institute on Standards
and Technology issued a forty–one page report on cyber security that outlines a frame work for
organizations to recognize and defend against threats. The report provides a frame work that has
five functions that go with a set of
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4220quiz 1-6 Essay examples
* Question 1 1 out of 1 points | | | According to the International Product Life Cycle Theory, the
country(ies) most likely to manufacture a product that has been recently developed (one that is the
result of a brand–new design and uses patented technology) and is in its first commercialization
year, is (are) ___.Answer | | | | | Selected Answer: | a. the country of innovation only | | | | | * Question
2 1 out of 1 points | | | Argentina can produce one ton of meat (beef) using 0.1 years of labor. It can
also produce one automobile using two years of labor. In order to produce one ton of beef, the
United States uses 0.2 years of labor. It can produce an automobile using 1.5 years of labor.
Argentina has ... Show more content on Helpwriting.net ...
True | | | | | * Question 4 1 out of 1 points | | | Which one was not one of the characteristics of the
"early days" of logistics?Answer | | | | | Selected Answer: | d. An emphasis on customer satisfaction |
| | | | * Question 5 1 out of 1 points | | | Who was the person who popularized the idea of sea–going
containers that could be loaded directly onto a ship, a truck or a railroad car?Answer | | | | | Selected
Answer: | b. Malcom McLean | | | | | * Question 6 1 out of 1 points | | | In the 1980s, companies
started to manage their inventories much more closely than they had in the 1960s and 1970s. This
was due to an increase in ___.Answer | | | | | Selected Answer: | a. interest rates | | | | | * Question 7 1
out of 1 points | | | It is not unusual for companies shipping to large manufacturers and retail chains
to be penalized financially (not receiving the full invoice amount) for not ___.Answer | | | | | Selected
Answer: | d. delivering the goods on the day and at the time promised | | | | | * Question 8 1 out of 1
points | | | DRP (Distribution Requirements Planning) is a system that allows manufacturers,
wholesalers and retailers of consumer products to manage their inventory "just–in–time:" DPR
works as a ___.Answer | | | | | Selected Answer: | d. "pull" system | | |
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Stabilisation in Investment Contracts and Changes of Rules...
Association of International Petroleum Negotiators (AIPN) Stabilisation in Investment Contracts
and Changes of Rules in Host Countries: Tools for Oil & Gas Investors Peter D Cameron ACIArb
PhD (University of Edinburgh), LLB (Joint Honours) (University of Edinburgh) Professor of
International Energy Law and Policy CEPMLP, University of Dundee, UK
p.d.cameron@dundee.ac.uk FINAL REPORT 5 July 2006 © Copyright Peter D Cameron
PDCameron/AIPN/Final Report. 5 July 2006 Table of Contents TABLE OF CONTENTS
.......................................................................................................................2 EXECUTIVE
SUMMARY & GUIDE TO THE READER ... Show more content on Helpwriting.net ...
..............................................................................48 3.5 SUMMARY
....................................................................................................................................51 CHAPTER 4:
ENFORCEMENT OF STABILISATION PROVISIONS .......................................53 4.1 THE OLD
AND THE NEW................................................................................................................53 4.2 THE
CLASSICAL AWARDS .............................................................................................................54 4.3
STATING THE OBVIOUS: DUE
DILIGENCE......................................................................................56 4.4 INDIRECT
EXPROPRIATION ............................................................................................................58 4.4.1
Metalclad
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Business Ethics and Corporate Social Responsibility...
Business Ethics and
Corporate Social Responsibility
Individual report: Corruption
February 2013
Friedrich Heinrich Zenzen
University of Greenwich
Introduction
Corruption is a complex political, social, and economic anomaly that negatively affects developing
and developed countries. It weakens democratic institutions, holds economic development,
widening the rich–poor gap and certainly leads to governmental instability. The World Bank
definition of corruption states that "...the abuse of public office for private gain".
Corruption can be distinguished regarding to where it happens: at the political or management levels
of the public sector, or in the private sector between customer and supplier. It can be identified
regarding ... Show more content on Helpwriting.net ...
Ford and Richardson (1994) the model of ethical decision–making is generally detached by
individual factors and situational factors, which in situational factors is the most important.
Individual factors helps to understand the reason for some people perceive specific action to be
unethical whiles others do not. However, the decision–making cannot simply be explained in terms
of these individual factors, because after all several people seems to have 'multiple ethical selves'
(Trevino and Nelson 2007:180) – that is, they make different decisions in different situations.
Situational factors accepted to be the most important.
Individual Factors | Situational Factors | Age and gender | Issue–related | Moral intensity | National
and cultural characteristics | | Moral framing | Education and employment | | Rewards |
Psychological factor: | | Authority | Cognitive moral development and Locus of control | Context–
related | Bureaucracy | Personal values | | Work roles | Personal integrity | | Organisational culture |
Moral
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Difference Between Common Law And Civil Law
Please submit your assignment.
There are two main categories of the legal systems which is common law and civil law. There are
around 80 countries which recognize the common law system. The civil law system applies to about
150 countries. The primary importance in a common law country is case law. Civil law countries
have predominate codified statutes. A fundamental factor of international business is the legal
system. The market attractiveness of a country can be affected by variances in legal systems. Daily
business practices are regulated by the laws of that particular country. Policies are defined, as well
as the rights and obligations within a business transaction. The legal framework for business to be
conducted is defined by the country's government. There will be differences in laws country to
country. Sound business decisions can be made by acquiring knowledge about the common and civil
laws of different countries. Contract and contract law regulate several business transactions. The
jurisdiction process of a common law system is expensive. The common law system has a greater
flexibility. Contract disputes are interpreted by judges in comparison to the civil law system. The
property rights of most countries are not enforced by local authorities. Although most of these
countries have laws established to protect the property rights of investors. There are two ways in
which property rights can be violated. Violations can occur through private action or by public
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How Globalization Has Caused Products
Globalization has caused products designed in California, being assembled in China. This is
interchange of market resources helped many MNE's spread across the globe offering similar or
different products in regions and states. Theodore Levitt (1983) criticizes MNE's who have different
strategies for different regions, and called for the global company, which will have standardized
product offerings all over the globe. There are others like Kotler (1985) and Fisher (1984) who
encouraged MNE's to adapt product and marketing strategies according to individual market. For
more than ten years concerns encompassing worldwide work polishes in the wearing attire industry
have been under a ton consideration from the general population (Arnold ... Show more content on
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In addition this research investigates endeavors to propose diverse ways in which companies can
treat their employees ethically, while in the meantime stay financially profitable and maintain their
competitiveness by being good corporate global citizens. Which strategy is the best only time will
tell, yet MNE's tend to grow by the transfer of resources due to globalization, and mostly focusing
on outsourcing. Some critics have pointed to the sub–standard utilization of labor in undeveloped or
developing economies by MNE's. This paper will initially give an outlook of such a company,
which is 'NIKE'. The paper will talk about Nike's business strategy and how its strategy is
undermining and breaking international labor laws. The paper will look into some Nike cases
regarding 'sweatshops' and unethical business practices of Nike. The paper will then talk about
ethical issues and suggest ethical theory to compliment the unethical behavior of Nike. Background
Nike, Inc (NIKE) incorporated on September 8, 1969, and since then has grown into one of the
world's leading athletic footwear, apparel, equipment, accessories and Services Company. Nike
grossed $25.33b in revenues last year, an 8% increase from the previous year (Nike, Inc. Annual
Reports, 2013). President and CEO of Nike, Inc said, "We're excited about what lies
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Business Law Problems
1. What are the four elements of a valid contract? A contract is an "agreement between parties, with
terms and conditions that describe the agreement that constitutes a legal obligation" (All Business).
A valid contract requires four elements and these are: a. Mutual agreement – there must be a
meeting of the minds between parties. There should be an offer and an acceptance. There should be
an agreement to enter into the contract b. Consideration – meaning that "every party is conferring a
benefit on the other party or himself sustaining a recognizable detriment, such as a reduction of the
party's alternative courses of action where the party would otherwise be free to act with respect to
the subject matter without any limitation" ... Show more content on Helpwriting.net ...
Cost of contracting will be lower which will definitely impact businesses. Another impact of
electronic contracting is the impact on government regulations. With the advent of this new kind of
contracting, governments would also have to update their regulations to adapt to electronic
contracting. In order for electronic contracting to work, the necessary support and infrastructure
should also be implemented. There should be firmer and specific laws to regulate these kinds of
transactions. 2. What are the potential pitfalls you see with electronic contracting? One major pitfall
of electronic contracting is the potential legal impact that can ensure from such negotiation.
Currently, not all states have an electronic contracting law. As such, these contracts may not be
recognized by everybody. Also, the "admissibility of evidence of an electronic record or signature
may be unconstitutional; contracting parties should consider adding clauses expressly providing for
the admissibility of the constituent electronic records" (Reid & Priest). Another pitfall that could
ensure from electronic contracting is the huge possibility of fraud and mistake which is minimized
in traditional contracts. Also, ecommerce information has the potential of being used improperly.
Assignment Name: Unit 4 Discussion Board 1. Is the International Court of Justice the first world
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Case Study on CadMex Pharma
Globalism has resulted in a number of changes for the economic viability of the modern
corporation. As both the developed world evolves in their new market structure, the developing
world adds to the pressures and changes necessary to do business in the contemporary environment.
Doing business is not the same worldwide, and the citizens of the global village realize that there are
different cultural norms, behaviors, and expectations that stakeholders of all types have when
thinking about the modern corporation. Business ethics sets up standards for organizations to act in
a way that may be considered right or wrong, or at the very least acceptable or unacceptable. As
trade barriers are falling around the globe, differences in morality are gaining more interest
regarding such issues as human rights, political behavior or even environmental conservation. The
core purpose of a multinational business is to continue to grow the organization, find more
resources, develop more product and convert new customers. Without fiscal advantages,
organizations would not have the impetus to expand globaly greater profits, less regulation expense,
tax incentives, larger universe of workers, etc. Multinational corporations do, however, need to keep
in mind that customs, laws, and expectations may very well change by country, but that there are
still remaining overall global moral standards of behavior (Mayfield, 2003).
Our case study revolves around CaDMex Pharma, a pharmaceutical company
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A; Lkdf
i am going to the store to by some food for me to eat. i have to write a paper and this thing won't let
me in to get my paper.SCROLL UP AND DOWN BY USING THE SCROLL BAR ON THE
RIGHT OR PRESSING THE UP/DOWN ARROWS AND/OR PageUp / PageDown KEYS TO
VIEW THIS ENTIRE AGREEMENT. WinMX License Agreement Please read and understand this
license agreement fully before using the WinMX software. This is an agreement between you, the
end–user, and Frontcode Technologies, the publisher of the WinMX software. By installing and/or
using this software you are agreeing to be bound by the terms of this agreement. If you do not agree
with the terms of this license agreement, the software must be removed, including any installation
files and archival ... Show more content on Helpwriting.net ...
The United Nations convention on contracts for the international sale of goods shall not apply to this
license. If for any reason a court of competent jurisdiction finds any provision of this license or
portion thereof, to be unenforceable, that provision of the license shall be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the remainder of this license shall
continue in full force and effect. WinMX, the WinMX logo, and all trademarks, service marks and
trade names of WinMX and/or Frontcode Technologies appearing in the WinMX software, on the
Frontcode.com web site or the WinMX.com web site are owned by Frontcode Technologies.
WinMX trademarks, logos, service marks, and trade names may not be used in connection with any
product or service that is not WinMX's or Frontcode Technologies, in any manner that is likely to
cause confusion, or in any way that disparages or discredits WinMX and/or Frontcode
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The Code Of The Postal Rule
The law of contract requires a firm offer and acceptance to be in place and acceptance of an offer by
post is referred to as the postal rule. This rule was created in 1818 and is a non instantaneous
method of communication. The postal rule will be examined alongside offer and acceptance and the
effectiveness of the postal rule today will be analysed. Other methods of communication such as
email and faxes will also be explored. Relevant cases will be provided as evidence for any points
made. A conclusion will be reached with the evaluation of the effectiveness of the postal rule today.
An offer is an expression of willingness to form a contract and is made with the intention to be
bound by specified terms once it has been accepted. Acceptance of an offer is necessary for a
contract to be formed and the postal rule is a way of providing acceptance. In order for a contract to
be established, it is important that an offer is made and the acceptance of the offer is communicated
to the offeror. However, this is not necessarily the case under the postal rule, once acceptance is
communicated by post; the contract is formed as soon as the letter is sent. This is set out in the case
of Adams v Linsell defendants offer was delayed which subsequently caused the plaintiffs
communication of acceptance. The defendants sold the goods to a third party. The court decided a
contract was formed before the transaction with the third party had took place, on the basis that the
acceptance was
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International Business Law Essay
Sustainable development and international business law
1) Executive summary
This scenario involves four countries and four separate business transactions. Further, it involves
several main legal issues which will be dealt with in the discussion. * The first issue is which law
will govern the transactions between the parties – domestic or international law, and the
implications of both. * The scenario raises the issue of the selection of incoterms which will best
accommodate the interest of both parties in the first and second transaction between WCO and
China and WCO and Philippines respectively. * The second issue raised is the difference in currency
the parties would like to use again in the first and second ... Show more content on Helpwriting.net
...
Prime examples of issues which arise thereof are distance, difference in the legal systems and
currencies which have different value to them.
Even though UK is not a signatory to CISG, in order for the transaction to exist, an agreement has to
be made between the parties that where CISG does not cover certain issues, SGA 1978 will apply to
fill in the gap automatically. In this case the dispute arises in Chine, Filipines, Japan or Thailand, the
domestic law of the country in which the issue arises will be applicable to resolve it.
International contracts can either be regulated by choice of one legal jurisdiction or through a
uniform international Convention – United Nations Convention on Contracts for the International
Sale of Goods (UNCISG). The latter is a uniform code comprising all different laws which applies
to all international business transactions, subject to the agreement of the parties to the contract. The
rationale behind CISG is that it is a compromise between civil law and common law for the sake of
a smooth international transaction, where benefits such as creation of capital, employment, money
flaw, better standard of living are a priority underpin the creation of a more sustainable world
harmonising law systems in order to reach a single understanding of legal situations.
The use of CISG in an international business transaction like in the present scenario is beneficial
mainly because of the stability and predictability it
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Marketing
Assignments IBL2 November 2009–11–24 All subgroups number 1: Answer the following
questions: a. end of chapter 10 questions number 1, 4, 5 and 6 b. give your opinion on the following
situation: Intermediary Oil Co. (IOC) of Country A purchased fuel oil that was at sea aboard a
tanker. IOC then contracted to sell the oil to Big City Power Co. (BCPC) in Country B. At the time
that IOC purchased the cargo of fuel oil, it received a certificate from the foreign refinery that had
produced the oil certifying that its sulfur content was 0.52 percent. When IOC contracted to sell the
oil to BCPC, IOC stated that the sulfur content of the oil was 0.5 percent (IOC rounded off the 0.52
percent as was the custom in the trade). ... Show more content on Helpwriting.net ...
Must Natural pay the amount Weaver demands? All subgroups number 3: Give your opinion on and
discuss the following situation and question: Situation: Importers, Inc., in County A contracted with
Overseas Exporters, Ltd. in Country B to purchase 50 crates of army surplus boots in assorted sizes.
Importers secured an irrevocable letter of credit from Home City Bank in Country A that named
Overseas Exporters as the beneficiary. The credit required Overseas Exporters to produce a bill of
lading naming the bank as the consignee (plus other appropriate documents) in order for it to collect
payment on the credit. When Overseas Exporters placed the crates aboard a carrier for shipment, it
received the required bill of lading and other documents. Importers then learned that Overseas
Exporters had filled the crates with rubbish not boots. Importers promptly notified Home City Bank
of this and asked the bank not to pay Overseas Exporters on the letter of credit. The bank refused.
Importers has now brought suit to enjoin the bank from making payment. Should a court grant
Importers request? Question: Describe the three basic systems countries have adopted to ameliorate
the burden of international double taxation. Indicate which of these is most advantageous to
taxpayers and why this is so. Describe which of these systems is preferred by most countries and
why this is so. All subgroups number 4: Give your opinion on and discuss the
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The United Nations Convention On Contracts
The United Nations Convention on Contracts for the International Sales of goods entered into force
January 1 1988. Among the 79 states that have ratified or acceded to the treaty to date are Australia,
Canada, the United States, Japan, the Republic of Korea, China, and Singapore. The Vienna
Convention, as CISG is also known, was designed to systemise and rationalise international
contracts in a particular region, drawing from a common legal framework. The CISG is divided into
three substantive parts plus final clauses. (The 1980 UN Convention of Contract for the
International Sale of Goods, 1990) WHEN DOES THE CISG APPLY? WHEN DOES IT NOT
APPLY? Articles 1 through to 6 constitute Part I, Chapter I of the CISG, "Sphere of Application". ...
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The scope of "sales of goods" governed by the treaty depends on the provisions already discussed,
and on Article 2 which exclude the following transactions: 2(a) consumer purchases (unless the
seller had no reason to know the goods were destined for personal or family use), 2(b) auctions, 2(c)
execution or other sales under legal process, 2(d) sales of commercial paper, securities or currency,
2(e) sales of vessels, hovercraft or aircraft, and 2(f) sales of electricity. Furthermore, 3(a) sales of
specifically fabricated goods for which a substantial part of the input materials are supplied by the
buyer, and 3(2) contracts under which the preponderant part of the obligations of the supplier of
goods consists in the supply of labour or other services are also improper transactions. ARTICLE 5
(The 1980 UN Convention of Contract for the International Sale of Goods, 1990) SUMMARY OF
OTHER PARTS Articles 7 through 13, which make up Part I, Chapter II, "General Provisions",
serve as important guides for the interpretation of CISG, and for its application in concrete cases.
These articles provide rules for determining the intent of parties to a contract, and address the often
crucial issue of the extant to which customs and usages of a particular trade are binding.
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International Business Law Essay
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––––––––––––––––––––––––––––––––––––––––––––––––– INTERNATIONAL BUSINESS LAW
––––––––––––––––––––––––––––––––––––––––––––––––– BUSA 391 – SUMMER 2010
Prepared For: Professor Leslie Beck By: Gabriela Popescu ID: 260224311 June 17, 2010. Six
months ago, Antiques R Us (a Canadian corporation) entered into a contract with Yankee Antiques
(an American company) to purchase "a desk used by George Washington himself after his retirement
from the Presidency". The sum of $500,000 was to be paid to Yankee Antiques after 30 days of ...
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For each separate scenario identified, a suitable course of action has been constructed that best
encompasses the strategy stated above. Preliminary Step The authenticity of the desk is the first
issue that needs to be resolved: the validity of the contract is contingent upon this sole factor and
any following measures to resell the desk cannot be made without proof of authenticity. However,
before any tests can be conducted, Antiques R Us must, in good faith, fully disclose the situation
and their thoughts on the matter to Yankee Antiques. In trying to maintain good relations with the
valued supplier, a letter should be made in writing to Yankee Antiques outlining the doubts and
concerns raised by the third party and ask them to provide proof of authenticity. This crucial
preliminary step is justified by the following reasons: 1. Full disclosure acts as a letter of intent in
this situation; it explains that Antiques R Us still has faith in Yankee Antiques, but that pursuant to
the terms of our contract and the request of our client, we have no choice but to require proof of
authenticity. In attempting to honour the contract, any delay in performing our obligations will not
be made in bad faith. 2. If the situation is brought to court, Antiques R Us has proof that an attempt
was made to inform Yankee Antiques about the authenticity issue. 3. If
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Definition Of Good Faith Becomes Binding By Virtue Of...
Student Id: 21252354 Total words: 2987 Introduction: This paper tends to analyse and discuss the
applicability, similarities and differences and does the concept of good faith becomes binding by
virtue of application of The UN Convention on Contracts for the International Sale of Goods, the
UNIDROIT Principles of International Commercial Contracts and the European Principles of
Contract Law as the most important international instruments on contract law and will be
summarize as follows (I) Background. (II) Purpose and Applicability. (III) Similarities and
Differences. (IV) Concept of Good faith. (V) Conclusion. (I) Background. International sales,
contract law is a global challenged. International trade has witnessed a tremendous ... Show more
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UN Convention on Contracts for the International Sale of Goods (CISG) is treaty that has unified
international sales law and was developed by the United Nations Commission on International
Trade Law (UNCITRAL) is also referred as Vienna Convention and it came in to force in January
1988 1 www.Heinonline.org/HOL/Landingpage?
handle=hein.journals/droit1996&div=26&id=&page= accessed on 13/12/14 (II) Purpose and
Applicability 1. UN Convention on Contracts for the International Sale of Goods (CISG): Purpose:
To provide a uniform, modern and non–discriminatory regime for the contracts for the sale of
international goods and the application of uniform legislation whenever the contracts for the sale of
the goods are concluded by the parties in the contracting states2 and the total number of the
contracting states is 833. It provides a balance of interest between the buyer and the seller inspiring
contract law reforms at the national level. Applicability: Article 14 says that it is applicable to the
contract of sales between the parties when places of business are located in different contracting
nations and nor the nationality of the parties or civil or commercial parties of the contract is taken in
to consideration in determine the application of this convention. By the virtue CISG
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Relations Between China And China
Before establishing formal diplomatic relations with China, Singapore was already enjoying close
economic and political ties with China albeit on an informal basis. Both countries elevated their
relationship to a more formal level by establishing diplomatic relations on October 3 1990. Since
then, the economic and trade cooperation between the two nations has expanded steadily and China
has become Singapore 's largest trading partner in 2014 with the bilateral trade amounting to
S$121.47 billion. From Singapore's perspective, being an entrepot city devoid of natural resources,
it had historically no choice but to be the middleman of all the trading nations, including China. Due
to its strategic and well–located geographical position, Singapore had emerged as an important
middleman and reexport centre for natural rubber from Malaya to China and a distribution centre for
China's commodities to Southeast Asia. When reforms in China began to rejuvenate its internal
economy and to open it up to the global economy by signing a number of regional trade agreements
and by accessioning into the World Trade Organisation (WTO) in the year 2001, Singapore has been
actively pursuing economic opportunities in China. Singapore and China are contracting parties to
the United Nations Convention on Contracts for the International Sale of Goods (CISG), which
establishes a system of uniform sale of goods rules to govern the rights and obligations of parties to
international sales contracts
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Business: International Legal and Ethical Issues Essay
International Legal and Ethical Issues When businesses deal globally to expand their markets they
may face dilemmas which must be dealt with to avoid conflict. The types of issues many companies
encounter deal with legal, ethical and cultural encounters. From our example we see the legal issues
in settling disputes for international transactions can become very complex. Ethical issues
concerning the workers, the culture, and the environment are all contributing factors international
companies must be ready to address. CadMex Pharma and Gentura must establish a business
agreement that protects both of the company's interest from issues concerning the social, legal, and
ethical norms of the host business. What are the issues involved ... Show more content on
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These laws will prevail over the individual country of origin laws when both countries agree to the
CISG. Courts from either country would have a hard time enforcing laws against international
business in another country. Matters concerning dispute resolution must be agreed upon as
companies agree to do business together. What are some practical considerations of taking legal
action against a foreign business partner based in another country? Companies seeking to take legal
action against a foreign business partner must consider what type of agreement exist between the
international businesses. Which laws and court system of each company will prevail? The
agreements between international businesses should consider if International arbitration will be used
to settle disputes and if the arbitration is binding or nonbinding. International organizations who
follow a system of Arbitration which has a high level of acceptance may incur less expense and still
maintain a working relationship. Arbitration awards are enforceable in many countries as long as
arbitration is international according to the treaty of 1958 Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (Melvin, 2011. p. 637). If the Companies seek legal action
through the court system, each organization will need to have a broad understanding of the legal
systems within each country as they seek settlement of
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Corruption and Bribery
Corruption and Bribery
April 29, 2015
Abstract
In this paper, I will be writing about corruption and bribery. I will define the terms and go on to
explain the regulations that have been put in place to stop corruption and bribery. I will then go on
to give examples of major corruption and bribery scandals that companies have recently been in and
what has been done to punish said companies for their crime.
Intro
Corruption is defined in the Merriam–Webster Dictionary as "dishonest or illegal behavior
especially by powerful people (such as government officials or police officers), the act of corrupting
someone or something, and something that has been changed from its original form". (Merriam–
Webster) Bribery ... Show more content on Helpwriting.net ...
This states that countries agreed to help out countries in need if they are under a new government
with a lot of corruption. In the UK they have their own form of anti–bribery. They installed the UK
Anti–Bribery Act in 2010 with the Parliament of the United Kingdom. The act states that being
bribed, the bribery of a public official, and the failure of an organization to stop bribery are
punishable under law through the act. It states that the criminal can do a maximum of ten years in
prison and pay massive fines for proceeding in corruption. This Act not only punishes organizations
in the UK; it also punishes organizations that have any link to that country with a universal
jurisdiction. A major concern of this Act is that in some places bribes are common and it will affect
companies that are in a global market that do business with countries that partake in such activities.
Like the UK, the United States of America also has laws regarding bribery and corruption. This is
the Foreign Corrupt Practices Act of 1977 or simply FCPA. This act has two major parts to it. The
first being accounting transparency requirements from the Securities Exchange Act of 1934 and the
other dealing with bribery. This United States law "prohibits U.S. firms and individuals from paying
bribes to foreign
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The Contract Law Of The United States
Essay Paper on the Contract Law of the United States Introduction Contract Law of The United
States of America In order to have civilized interactions between people contract law is an invention
that creates good faith and fair dealing. The United States people have a government that has a legal
system that enforces agreements called contracts. An agreement without enforceability leaves the
parties vulnerable to mistakes, dishonesty, changes of mind, illegality. Also, a contract means that
the people can have reliability in their relations. People can have their problems remedied and
damages made up for. Contract enforcement makes a more stable platform for businesses, making
them more likely to do business and helping the economy, ... Show more content on Helpwriting.net
...
What business and people are allowed to do is regulated by contracting. Contract laws are made by
the state or the courts. Our society is controlled by contracting, which keeps order. Contract laws are
enforced by the courts. Fairness and equity in contracts is the assignment of the courts. Certain basic
contract rights are protected by the law. Unfair and unconscionable advantage by strong groups and
powerful individuals over less influential individuals is regulated by contracting. Aspects of the
Contract Law of the United States The Contract Clause Article I, section 10, clause 1 of the United
States Constitution, states: "No State shall enter into any Treaty, Alliance, or Confederation; grant
Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and
silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law
impairing the Obligation of Contracts, or grant any Title of Nobility." Law that retroactively impairs
contract rights is prohibited by this Contract Clause. State legislation cannot impair contract rights.
Court decisions can still be used to impair contract rights.[2] Contract Clause. (2015, February 11).
The individual State governments and the United States Congress have rights established by Article
1 of the United States Constitution. Any law that impairs the obligation of contracts is not allowed
by Section 10. However, states are not
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Electronic Commerce: Formal Requirements in Commercial...
Law Commission ELECTRONIC COMMERCE: FORMAL REQUIREMENTS IN
COMMERCIAL TRANSACTIONS ADVICE FROM THE LAW COMMISSION December 2001
The Law Commission was set up by the Law Commissions Act 1965 for the purpose of
promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice
Carnwath CVO, Chairman Professor Hugh Beale Mr Stuart Bridge Professor Martin Partington
Judge Alan Wilkie, QC The Secretary of the Law Commission is Mr Michael Sayers and its offices
are at Conquest House, 37–38 John Street, Theobalds Road, London WC1N 2BQ. The terms of this
paper were agreed on 3 December 2001. The text of this paper is available on the Internet at:
http://www.lawcom.gov.uk © Crown copyright 2001 ELECTRONIC ... Show more content on
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THE SCOPE OF THIS ADVICE 1.8 This Advice focuses on the international sale and carriage of
goods and the 1 associated banking and insurance transactions. In Part 2 we summarise the approach
taken in the UNCITRAL Model Laws on Electronic Commerce and on Electronic Signatures. Part 3
deals in general terms with statutory form requirements, their application to electronic
communications, the UK's obligations under Article 9 of the Electronic Commerce Directive and the
making of orders under section 8 of the ECA. Part 4 deals with the carriage of goods by sea and, in
particular, the extent to which a bill of lading has, or may in future have, an electronic equivalent.
Issues arising in relation to the sale of goods are dealt with in Part 5. Carriage of goods by road, rail
and air are covered in Part 6. Part 7 deals with marine insurance, with factoring being dealt with in
Part 8. Part 9 then considers the most common payment mechanisms used in the international sale
of goods. Our conclusions are summarised in Part 10. This Advice contains a summary of our
views, derived from our detailed consideration of the issues. We have set out our views in summary
form to enable those views to be considered by Government before it concludes the work which it is
currently undertaking in relation to Article 9 and section
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The Pros And Cons Of Countertrade
4.0 Countertrade
Generally countertrade is a trade carried out partially or wholly in goods rather than money.
According to Investopedia (2014), countertrade can be defined as an international trade which are
exchanged for other goods rather than hard currency. This might because many nations do not have
enough dollars or the "hard" currency such as British pounds, German marks, French franc,
Japanese yen and so forth to buy what they need. However, they have products that people from
other countries want to buy (Zodl, 1995). Usually this type of payment method might from a contact
in Eastern Europe or less–developed country in Africa or Asia. According to Albaum & Duerr
(2011), the agreement involves the parallel business transaction that ... Show more content on
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This because it can cover the transaction of considerable worth. According to the Albaum & Duerr
(2011), the pure barter involves the simplest direct exchange in that exporter agrees to receive goods
from the importer as a transaction for the original export payments. For example, PepsiCo case
which is it had a consent with the former Soviet Union to supply the Pepsi–Cola syrup from its
British, where the British subsidiary for sale and bottling in the USSR. For the syrup, then used for
supervising and training the Soviet workers and use of its trademarks, PepsiCo agreed to take
Stolichnaya vodka as a payment. Besides that, other transaction the General Motors agreed to
supply the USSR with US$100 million worth in exchange for
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International Trade Law And The United States
All countries apply the rule of law, but the systems in each country differ. For example, while the
UK has common law, the USA uses civil law, so this can see that countries apply differing
approaches to jurisdiction and the law. International Trade Law governs cross–border trade in goods
and services and serves to provide a legal framework for exchanges between parties located in
different countries. In these circumstances, it is common that the trading parties are not familiar with
each other before engaging in trade, so International Trade Law can help mitigate the risks involved
and offer protection to the trading parties. The existence of International Trade Law has the potential
to mitigate a number of potential difficulties which contracting parties might face. Various situations
have been presented which have not been adequately addressed by current trade laws; frequently
these arise when parties are based in different countries which operate different legal systems and
when the parties had not specified which legal system would apply to their agreed contracts. The
issues of whose laws will apply and which court shall have jurisdiction is an ongoing concern in
global trade. The issue can be resolved through the consideration of rules governing conflict of laws,
these also often differ between the legal systems in the countries of the parties involved in the
conflict. Moreover, it is in the best interests for all parties to find a means of harmonizing the legal
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The Politics And Last National Security Essay
Arms Trade, Weapons Sales, Armament Sales are just few terms used for the manufacture and sale
or trade of devices to protect a country, attack another and quite possibly benefit economically, or
politically on a global scale. Countries, entities, factions, make, sell, and give things of destruction
to others. This is a reality. The intent of this paper is to provide information that individuals can use
to determine the necessity. The economics, the politics and last the National Security are the three
main discussion points.
History
History of Arms Trade, Weapons Trade or the trade any of items necessary to protect, feed or
conquer dates back to the dawn of time. Scholars note that arms trade or weapons trade could be
traced back 300,000 years (Thieme). As "humans" evolved and interacted with each other, scholars
speculate that the trade of many things occurred. The trade would include stories, knowledge, which
can be considered intangibles, then the tangibles, seeds for food, things to make tools, how to make
a shelter, weapons for protection and survival. Basically trade included instruction and things
needed for every aspect of life; to survive. Agers 2
Elements of Thought
Think about it this way. You have a clan or tribe with really good sharp rocks and a clan or tribe
with really good wood staffs. You put both together you have a more lethal device, for protection
and providing food. An item that was designed to help a human to survive evolved
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SA IBL TB8e Ch17
CHAPTER 17–LICENSING AGREEMENTS AND THE PROTECTION OF INTELLECTUAL
PROPERTY RIGHTS
TRUE/FALSE
1. The hearing for the Walt Disney v. Beijing Publishing Press was held in the United States.
ANS: F PTS: 1
2. It is fairly common for IPR licensors to put geographic and field–of–use limitations on licensees.
ANS: T PTS: 1
3. Licensees of IPRs are generally eager to operate under specific marketing quotas requested by the
licensor.
ANS: F PTS: 1
4. Licensors of IPRs are generally wary of offering licensees exclusive rights in a certain geographic
area.
ANS: T PTS: 1
5. Under TRIPS, until a pharmaceutical patent is actually granted, a country has no obligation to
protect potential prospective rights (during the pendency of the ... Show more content on
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ANS: T PTS: 1
26. Most nations grant patent priority to the individual who can prove (s)he was the first to invent.
ANS: T PTS: 1
27. Both the Berne Convention and the Paris Convention require signatory countries to enact certain
minimum substantive laws.
ANS: F PTS: 1
28. Computer programs are protected as copyrightable literary works under the Berne Convention.
ANS: T PTS: 1
29. Since 1996, the European Union's Trademark Regulation has allowed a single trademark
registration enforceable in all members of the European Union.
ANS: T PTS: 1
30. Under TRIPS, a nation may decide to exclude pharmaceutical patents if it determines they are
immoral.
ANS: T PTS: 1
31. Under U.S. copyright law, an author's moral rights are not protected.
ANS: F PTS: 1
MULTIPLE CHOICE
1. A. Bourjois & Co. v. Katzel involved the question of whether Katzel:
a.
Was liable to Bourjois for breach of contract.
b.
Was liable to the French subsidiary of Bourjois for trademark infringement and counterfeiting.
c.
Was entitled to punitive damages for willful trademark infringement.
d.
Was liable to Bourjois for trademark infringement.
ANS: D PTS: 1
2. A single multinational application process is available for protecting intellectual property in:
a.
In the U.S., Canada, and Mexico.
b.
In the Eastern European countries.
c.
In countries that are member of the Asian Patent Protection Treaty.
d.
In the European Union.
e.
All of the above.
ANS:
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Australia 's Legal System Is Based On The English Legal...
1. Australia's legal system is based on the English legal system." To what extent is this statement
correct? Discuss.
Understanding of law: Law can be defined as a system of rules and regulations that are enforced
through social institution to govern the country which can be made by legislatures by legislation,
executives or judges through binding precedent. The law can be regarded as a constitution enforced
that shapes politics, economics and society in various ways .
Every country has different binding rules and regulations that enacts people to be governed by
accepted rules rather than by the arbitrary decisions of rulers. Such rules should be general, certain
and apply equally to all individuals. Thus, the purpose of law is to preserve the freedom and moral
agency. Thus, Law can be defined as the body of principles recognized and applied by the state in
the administration of justice .
English legal system
The set of rules and regulations enacted by the law of England and Wales is known as English legal
system where the parliament of the United Kingdom is the supreme legislative institution. The
Royal Courts of Justice is the seat of the High Court of Justice and the Court of Appeal known as
Commonwealth of Nations and Judicial Committee of the Privy Council. US constitution is also
highly influenced by the British law in which English legal system includes judiciary, legislation
and common law. Being Britain as a strong international trading nation, the law is
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Introduction to Contract Management
1.0 INTRODUCTION TO CONTRACT MANAGEMENT A contract is an agreement having a
lawful object entered into voluntarily by two or more parties, each of whom intends to create one or
more legal obligations between or among them. The elements of a contract are "offer" and
"acceptance" by "competent persons" having legal capacity who exchanges "consideration" to create
"mutuality of obligation. i.e. 1. Offer and Acceptance 2. Competent Persons 3. Consideration 4.
Mutual Obligation 5. Lawful Object Contract law varies greatly from one jurisdiction to another,
including differences in common law compared to civil law, the impact of received law, particularly
from England in common law countries, and of law codified in regional ... Show more content on
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This includes the development and implementation of procedures covering the administrative and
clerical activities. Good contract administration is important for the successful management of any
contract. Contract administration also requires appropriate resourcing, and as part of the contract
management planning both the agency and the supplier need to consider the level of resources
required for the particular contract. Procedures should be in place for the management of the main
contract activities. These may include: i) Contract variations, including change control ii) Cost
monitoring iii) Ordering procedures, e.g. ordering of hardware iv) Payment procedures v)
Management reporting Transition Planning Transition planning is an important activity whenever
there is the potential for service delivery to be affected by the transition. As noted in the section on
contract planning, in relatively routine, straightforward procurements, transition arrangements may
be covered in the contract management plan. However, in more complex procurements a detailed
transition plan may be required. While the content of this plan will depend on what is being
procured, headings may include: a) timeline of activities/events b) reporting c) resource
requirements d) key roles and responsibilities e) training requirements f) communications
requirements e.g. communications plans g) A risks and risk
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Supreme Court Cases
How Supreme Court decisions sought to assert federal power over state laws(pp. 240–241)
Supreme Court reflected and reinforced nationalism during the post–Ghent years, despite the
ominous setbacks concerning slavery.
Chief Justice John Marshall continued to dominate the high tribunal.
Marshall increased the power of the federal government
McCulloch v. Maryland (1819): Maryland attempted to impose tax on Bank of America to destroy
it. John Marshall denied the right of Maryland with Hamilton's doctrine of implied power
"That the power to tax involves the power to destroy" & "That a power to create implies a power to
preserve."
"Loose construction"
Marshall considered that the Constitution derived from the consent of the people and thus ... Show
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Woodward (1819)
Dartmouth College was granted a charter by King George III in 1769. (Daniel Webster ('01))
New Hampshire state legislature had seen fit to change it.
Marshall denied the state and stated that the original charter must stand.
The Constitution protected contracts against state encroachments.
Marshall buttressed the federal Union and helped to create a stable, nationally uniform environment
for business and checked the excesses of popularly elected state legislatures.
How Americans debated the scope of government's role in the economy with the acceleration of a
national and international market economy(pp. 232–235)
The spirit of national consciousness was formed after the War of 1812
Washington Irving and James Fenimore Cooper attained international recognition in the 1820s, as
the nation's first writers of importance to use American scenes and themes.
School textbooks were written by Americans instead of British for Americans.
North American Review began publication in 1815 in world magazine.
American painters drew native landscapes.
A revived Bank of the United States was voted by Congress in 1816.
Reconstruction of the capital.
Expansion of the army.
"The American System''
Construction of factories
The path–breaking Tariff of 1816
The first tariff in American history instituted primarily for protection,
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Common Law And Civil Law
There are two main categories of the legal systems which is common law and civil law. There are
around 80 countries which recognize the common law system. The civil law system applies to about
150 countries. The primary importance in a common law country is case law. Civil law countries
have predominate codified statutes. An important factor to international business is the legal system.
The market attractiveness of a country can be affected by differences in legal systems. Business
practices are regulated by the country's law. Policies are defined as well the rights and obligations in
business transactions. The legal framework for business to be conducted is defined by the country's
government. There will be variances in laws country to country. Sound business decisions can be
made by acquiring knowledge about common laws and civil laws of different countries. Contract
and contract law regulate several business transactions. The jurisdiction process of a common law
system is expensive. The common law system has a greater flexibility. Contract disputes are
interpreted by judges in comparison to the civil law system. The property rights of most countries
are not enforced local authorities. Although most of these countries have laws established to the
protect property rights of investors. There are two ways in which property rights can be violated.
Violations can occur Private action through private action or by public action. Piracy, theft, and
blackmail are all categorized
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Mailbox Rule
Mailbox Rule Discussing Development & Application of Mailbox Rule
I. Introduction
In the Common Law system, "the Mailbox Rule is an alternate term for the Postal Rule; when
mailed, an acceptance of an offer to contract is valid from the moment it is deposited into a mailbox;
on dispatch." The Mailbox rule is an exception to the general rule that a contract is created when
acceptance is directly communicated to the offeror. The mailbox rule provides that the contract is
formed when the letter of acceptance is placed in the mailbox. This rule was established by the case
of Adams v. Lindsell (1818) B& Ald 68. In this case, Judge Law said that if that were ... Show more
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3. The Mailbox rule increases the risk for an inability to fulfill contracts. Based on the Common
Law system, an offer cannot be withdrawn but can be revoked by the offeror. In the Restatement
(second) of Contracts, § 42 "an offeree's power of acceptance is terminated when the offeree
receives from the offeror a manifestation of an intention not to enter into the proposed contract."
That means an offer would be void when revoked information reaches the offeree. And there is a
gap between the revoked information is mailed and when it is received. Therefore, during this gap,
if an acceptance was mailed, according to the Mailbox rule, a contract is created. Obviously, under
this situation, the Mailbox rule could cause a party to be unable to fulfill a contract. More unfairly,
this rule would even punish the offeror with good faith because the offeror has no ability to fulfill
the contract, which causes them to violate the contract's obligation.
4. The Mailbox rule conflicts with international contract law. The U.S. is a member of the United
Nations Convention on Contracts for the International Sale of Goods (CISG), which adopts the
Receipt rule. Acceptance under the CISG is effective when it reaches the offeror and a party may
withdraw or modify a second communication that overtakes the first [5]. For example, article 22 of
CISG says "An acceptance may be withdrawn if the withdrawal reaches the offeror before or at the
same time as the
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Intercultural Management
Intercultural management A global manager has to consult with the legal services in order to comply
with the host countries legal parameters. This is imperative for long–term relationship between such
corporations and the host country's government. This enables managers of international corporations
to find legal recourse incase a problem arises. Such problems can only be addressed through local
interpretation and enforcement. There are a few exceptions in countries like China where financial
and legal systems are not responsive to the demands of the international business community. In
fact, it is in China where the government does not stand behind the commitments of its state owned
enterprises. China has a reputation for protecting its powerful companies. The zeal with which
China pursues foreign trade is not commensurate to its resolve to embrace global legal norms
(Deresky, 2011). Pieces of legislations enacted in countries where international corporations operate
grossly affect their operations. International laws also affect the operation of such businesses. In
fact, there are local laws and international laws that international corporations have to adhere to.
International laws govern relationship between sovereign countries. United Nations Convention on
Contracts for the International Sale of Goods is one such international law that spells out the rights
and obligations of sellers and buyers. The countries that have adopted this convention are duty
bound to abide
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Transfer Of Risks Of International Sales Of Goods
Transfer of risks in international sales of goods
Item 1 Monograph
Atiyah P. S, Adams J. N, MacQueen H, The Sale of Goods ( 11th ed, Pearson Education Limited
2005)
This book focus on the domestic law of sale of goods. Chapter 20 in this book introduce transfer of
risk and frustration of contrast in Sale of Goods Act 1979. Firstly, this chapter give me a well–
rounded and clear understanding about the risk in the international sale of goods by comparing the
distinction between the doctrines of risk and frustration. Secondly, through the theoretical analysis
of the section 20 in Sale of Goods Act 1979, I could have the knowledge of comparatively the
specific provisions of passage of risk under two specific circumstances. Therefore, It is ... Show
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The second part mainly expounds the relevant article about passing of risks in United Nations
Convention on Contracts for the International Sale of Goods( CISG ), which could help me to
explore the advantages and disadvantages of the delivery principle established by CISG in my
dissertation.
Item 3 Journal Article
Juana C, 'The interplay between Incoterms and the CISG' (2013) 32(1), Journal of Law &
Commerce 58
This article demonstrates that the CISG and Incoterms to some extent mutually supplement and
support each other in terms of passing of risk. Where the regulation provided by Incoterms is
inadequate, rules in CISG can supplement the Incoterm rules and vice versa. And these two
instructions both adopt the delivery principle. Therefore, in order to undertake a research about the
allocation of risk in my dissertation, it is better to combine CISG rules and trade terms in Incoterms
2010. In addition, by comparing CISG and Incoterms 2010, I could have the knowledge of
similarity on the risk rules that is both connecting the passing of risk to the transfer of physical
possession, or at least being placed in the position of having control over the goods. This article also
expounded some differences regarding risk allocation. For instance, the Incoterm rules revised the
CISG's rules on delivery
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The Controversy Of Bribery
A bribe is to persuade someone to act in one's favor, typically illegally or dishonestly, by a gift of
money or other inducements. Many companies have been accused of bribery within their
organization. Some of America's most well–known companies have been accused of this crime.
Famous brands we all know such as Johnson & Johnson, Hewlett–Packard, Tyson Foods, Ralph
Lauren, Wal–Mart and many more have all allegedly been responsible for giving money or other
benefits in exchange for favors that will bend the law. "Today, corruption costs the global economy
some $2.6 trillion every year, or 5 percent of global GDP", according to the World Economic
Forum. In the United States, stricter enforcement has increased and more companies have been
caught; ... Show more content on Helpwriting.net ...
One way for a company to avoid bribery within the company is to assess all the risks that have to do
with bribery. Businesses must educate the employees about the risks involved. In most countries,
bribery or acts of corruption are punishable by law which can bring a bad name to the company and
later lead to trust issues. This can severely hinder the profitability of a business. A company that has
been found guilty of bribes can lose consumer confidence; which results in the loss of profit.
Companies must be aware of the differences and rules of conducting business within other countries
and avoid any malpractices (Prevent Bribery). Another way to avoid bribery is there must be a zero
tolerance policy towards bribery within the entire company. This can be ensured by top management
explaining that bribery can lead to severe consequences which can involve imprisonment, heavy
fines, and termination. Additionally, a company must thoroughly run a background check of the
client's, vendors, and partners; as well as their credibility in the marketplace. Any cases of past
history involving instances of bribery or corruption should serve as a red flag or warning to a
... Get more on HelpWriting.net ...
The United Nations Convention On Contracts
Introduction Described as the 'most succesful international document so far', CISG has unified
international sales law whilst protecting the freedom of contract by allowing Contracting States the
option of taking exception to certain specified articles. This flexibility was instrumental in
convincing states with disparate legal traditions to suscribes to an otherwise uniform code. A
number of countries signed the CISG made delcarations and reservations as to the treaty's scope, the
UK however refused to adopt the convention at all. Goode's statement touches ona variety of the
arguments that have been mooted in order to justify (for some parties) or just understand (for other
parties) the UK's failure to ratify the Convention. I will ... Show more content on Helpwriting.net ...
It allows exporters to avoid choice of law issues, as it offers 'substantive rules on which contracting
parties, courts and arbitrators may rely' . Unless expressly exlcuded by the parties in the contract ,
the CISG is deemed to be incorporated into any applicable domestic laws that relate to a transaction
between parties transferring goods from different Contracring States. The CISG has been regarded
as a success for the UNCITRAL, as said by John Felemegas "[the Convention has been accepted by
states from] every geographical region, every stage of economic development and every major legal
social and economic system". It's overall reach has been described as having the "greatest influence
on the law of worldwide trans–border commerce" . In the United States for example, 1.67 trillion
dollars in goods were imported and 904 billion dollars exported in 2005 alone. A large percentage of
these goods were destined from or originated from countries that are signatories to the CISG. The
Convention which applies by default in the international sales context, has also impacted on sales
legislation at the regional and national levels. The particular importance of the Convention in the
international arena is underlined by some 2,000 reported decisins where the CISG has been held to
apply. 'The UK's refusal to adopt the convention appears to be based on a naïve belief in the
superiority of a Sale of Goods Act which has remained largely
... Get more on HelpWriting.net ...
Legal Frameworks Regulate The Domestic And International...
Various legal frameworks regulate both the domestic and international businesses. As such, the laws
and regulations within the United States are somewhat dissimilar to those in the global trade arena.
It is worth pointing out that contextual factors among other issues are some of the reasons why
trades conducted within the United States markets would be different from the international ones.
For a company like Medeco that wishes to consider expansion into the global arena, it would be
essential to understanding that the legal regulations it will encounter in its endeavor to operate
overseas may be different and challenging. Within the United States, the company would have to
comply with the Uniform Commercial Code (UCC). This regulatory framework stipulates and
directs how businesses within US are carried out. However, on the international venture, Medeco
will need to subscribe to Convention and Contracts for International Sales of Goods (CISG). This is
a trade agreement that tow parties from different states enter into as they seek to engage in the sales
of goods and services at the international level. For a company in the caliber of Medeco, signing this
contract with countries like Germany, France, and China is necessary since it operates from the
United States, an agreement between the nation (US) and the respective countries is key in
enhancing business operations. It is imperative to note that the CISG is not absolute. Although it is
an important contract that brings
... Get more on HelpWriting.net ...

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Affect People Sociologically

  • 1. Affect People Sociologically Uniformity in the law governing the international sales of goods became important. The United Nations Commission on International Trade Law developed contract rules for the sale of goods. The United States adopted in 1988, the Convention on the International Sale of Goods (CISG). Most of the major trading nations use the CISG. Countries that have adopted the CISG, replaced the UCC when a dispute between businesses takes place between different countries.[24] Contract Law and Labor Product Specific Example of How Business Dealings Can Affect People Sociologically Evidence of a written contract for the sale of a slave exists c. 2300 B.C.E. from the Sumerian Larsa dynasty. In 597 B.C.E. there was a written contract for the sale of a slave ... Show more content on Helpwriting.net ... A contract can be canceled if there is a breach of contract. A material breach or the happening of a force majeure. A change of condition can also void a contract. The performance of a contract can become impossible, impractical, or have its purpose frustrated. If any of these situations happens then the contract can be recisinded . Recisinding a contract allows it to be discharged and terminated. Contracts can be unenforceable if the terms are unclear or the required elements are not present. If the buyer does not receive exactly what is required in the contract then the buyer can invoke the perfect tender rule. The contractee can revoke his acceptance because of nonconformance. A contract can be legally terminated by mutual agreement, or by one party if a reasonable reason exists. If the contract was signed under duress, or misrepresentation exists, or the contract contained is takes then the contract can be recisinded. Once a contract has been voided by a court of law it cannot be enforced. Contracts can be voided if the contract has an illegal activities associated with it. Contracts with unlawful consideration and an unlawful object are void. Good Faith and Fair Dealing Good faith and fair dealing is one of the basics of modern day ... Get more on HelpWriting.net ...
  • 2. Law Is A System Of Rules Designed By A Society Law is a system of rules designed by a society to restrain unwanted behavior and maintains order. Law helps decide wrong and right in a society, gives voice to the weak and discourages the might– is–right philosophy. Nearly every state in this world has designed laws that help govern its people. The first set of written laws called 'The Code of Ur–Nammu' were designed during 2100–2050 BC. These laws, stated by the Neo–Sumerian King of a Mesopotamian city, proved to be pioneer in the formation of legal systems. First set of detailed laws were formed during 1772 BC, called the 'Code of Hammurabi'. These laws covered a wide array of topics such as trade, slavery, slander, responsibilities of workers, and theft. These laws were quite tough where penalties were severe. The next major development took place with the enactment of Roman Laws. They were designed in 449 BC and it was developed over a thousand years. It had a major impact on the development of legal systems, witnessed by the continued use of Latin Legal Terminologies even today. One such term is Stare decisis, a doctrine of precedents. Through the citation of Stare decisis courts adhere to previous rulings when it comes to similar cases brought before the court previously. The next major development came under the enactment of English Common Laws since 1189. These laws were majorly created through the doctrine of Stare decisis. These set of laws continue to be the foundations of legal systems of numerous states around ... Get more on HelpWriting.net ...
  • 3. Assignments: Human Rights Law ASSIGNMENTS SUBJECT– STRATEGIC MANAGEMENT Select an appropriate generic strategy to position your printing business unit in its competitive environment (map the environment primarily as a pattern of competitive pressures from rivals, suppliers, buyers, entrants and substitutes). The steps need to be followed to strategise printing business unit in its competitive environment:– a) Planning for a brighter future starts with analyzing inner strengths, weaknesses, opportunities and threats. Internal evaluation coupled with an environmental scan of the competitive landscape. b) Differentiate your firm – It's all about creating a unique value proposition. Start with your SWOT analysis. Everything is fair game (e.g. technology, experience, ... Show more content on Helpwriting.net ... Presses usually print in one, two, four, or six colors; some presses can print eight. Digital presses are still used primarily in specialty applications. Paper is the biggest individual manufacturing cost, often amounting to 25 percent of revenues. Printing papers are often coated, and are bought in sheets or rolls from distributors. Some customers provide their own paper, but most is bought for customers, with a modest price markup. Paper prices can vary significantly from year to year. Digital technology is changing the competitive landscape of the commercial printing market. Prices for digital color pages are falling below offset printing prices and companies who fall behind in the shift to digital printing are at risk. Sales & Marketing The largest single market for printing services is advertising, for newspaper inserts, magazines, and direct mail materials. Although some work may be done regularly for large customers under long–term contracts (magazines, product catalogs, and phone books), most is on a project basis, often after a bidding process. Work may be episodic and many printers keep extra presses to meet anticipated peak demands. Marketing is usually done by a traditional sales force calling on potential customers. Commercial printing is a local business. Small printers can compete effectively with large ones ... Get more on HelpWriting.net ...
  • 4. International Business Relations Between Countries And... "When law is internationalized it changes, it is denationalized, modernized and liberalized, sometimes intentionally, sometimes inadvertently" That being said I'd like to state that International Business Transactions is a field which deals with commercial contracts between two or more countries. They can be ranging from the simplest form– trade to the most complicated kind of foreign direct investment. As a layman would understand it simply means an area of law that deals with international business relations between countries having different laws, rules and regulations. So one might think, when there is a contract of sale of goods, services or goods and services how does the law apply to countries with different legal systems? What happens in case of a dispute? What court of law has jurisdiction? and which country's law applies? This is what is dealt with in the subject of International Business transactions. What exactly is done to address this issue. Here, is where the process of Harmonization comes in. Harmonization basically means, 'bringing together' in a way whereby you remove the difficulties and inconsistencies between two things, here, being laws. Various attempts have been made at an international level to regulate and harmonise laws between the various countries of the world. But, first I'd like to give a little backdrop to the history of the harmonization process. International trade was seen to escalate after the Second World War, especially after the ... Get more on HelpWriting.net ...
  • 5. Intb 3355 Final Review INTB 3355 Spring 2015 Final Exam Review Document I. Political Forces 1. Political risk Determinants of political risk a) Conflict and violence – Citizens protesting against their government, Territorial disputes, Disputes based on ethnic, racial, or religious divisions b) Terrorism and kidnapping – Unlawful acts of violence for a variety of reasons – Ransom, Overthrow government, Release of imprisoned colleagues, Revenge, Punish religious nonbelievers. Situations – Kidnapping for ransom, Paying ransom becomes counterproductive, Countermeasures by industry, Chemical and biological terrorism, Kidnapping as a means of funding terrorist groups, Business executives (local and international) as targets, Insurance, Prevention c) ... Show more content on Helpwriting.net ... firms at competitive disadvantage abroad? III. Assessing International Markets 1. Environmental scanning – A version of environmental scanning in which the firm identifies desirable markets by using the environmental forces to eliminate the less desirable markets 2. Market screening – A version of environmental scanning in which the firm identifies desirable markets by using the environmental forces to eliminate the less desirable markets * Basic needs potential – An initial screening based on the basic needs potential is a logical first step, because if the need is lacking, no reasonable expenditure of effort and money will enable the firm to successfully market its goods or services. Assessment of basic needs potential – Easier for producers of specialized industrial materials or equipment; More difficult for specialized consumer products. * Financial and economic forces – Second Screening– reduces potential markets through analysis of financial and economic forces: Inflation trends, Currency exchange rated, ... Get more on HelpWriting.net ...
  • 6. The Threat Of Cyber Security Internet use has skyrocketed since 2000 to over 2.4 billion users worldwide, with 70% of those users logging on every day (The Culturist, 2013).These days it takes merely minutes for news to travel around the globe. Our airwaves are filled with tiny nuggets of information whooshing past us undetected; that is, until it is detected. In the 21st century, cyber security is an international issue. The threat of cyber warfare is very real and would be devastating beyond any conventional weapon imaginable. With the entire globe becoming more interconnected, an attack on online infrastructure could ground airplanes, control information access, hijack nuclear facilities, and perhaps most terrifyingly, bring the global economy to a ... Show more content on Helpwriting.net ... From 1997 to 2012, households with internet grew from 18% to 74.8%, where 94.8% of households with computers use it to connect to the interne (U.S. Census. 2014). Computers are not the only source of hardware connection to the internet. Other hardware such as gaming consoles, smart phones, laptops, and tablets are also connecting to the internet as well. Smart phone use for internet connectivity is popular among all age groups 25 and older with 45.3% usage. Among the heaviest users were age groups 25–34 at 88.1% (U.S. Census. 2014). With the growing use of the internet, the nation depends on a safe and stable cyberspace infrastructure for economic prosperity and more importantly, national security. Cyber security: What is it and why is it important? Cyber security generally refers to computer security or IT Security and is applicable to computers, smartphones, the internet and public/private computer networks. ?The field covers all the processes and mechanisms by which computer–based equipment, information and services are protected from unintended or unauthorized access, change or destruction, [? and] natural disasters (Computer Security). The National Institute on Standards and Technology issued a forty–one page report on cyber security that outlines a frame work for organizations to recognize and defend against threats. The report provides a frame work that has five functions that go with a set of ... Get more on HelpWriting.net ...
  • 7. 4220quiz 1-6 Essay examples * Question 1 1 out of 1 points | | | According to the International Product Life Cycle Theory, the country(ies) most likely to manufacture a product that has been recently developed (one that is the result of a brand–new design and uses patented technology) and is in its first commercialization year, is (are) ___.Answer | | | | | Selected Answer: | a. the country of innovation only | | | | | * Question 2 1 out of 1 points | | | Argentina can produce one ton of meat (beef) using 0.1 years of labor. It can also produce one automobile using two years of labor. In order to produce one ton of beef, the United States uses 0.2 years of labor. It can produce an automobile using 1.5 years of labor. Argentina has ... Show more content on Helpwriting.net ... True | | | | | * Question 4 1 out of 1 points | | | Which one was not one of the characteristics of the "early days" of logistics?Answer | | | | | Selected Answer: | d. An emphasis on customer satisfaction | | | | | * Question 5 1 out of 1 points | | | Who was the person who popularized the idea of sea–going containers that could be loaded directly onto a ship, a truck or a railroad car?Answer | | | | | Selected Answer: | b. Malcom McLean | | | | | * Question 6 1 out of 1 points | | | In the 1980s, companies started to manage their inventories much more closely than they had in the 1960s and 1970s. This was due to an increase in ___.Answer | | | | | Selected Answer: | a. interest rates | | | | | * Question 7 1 out of 1 points | | | It is not unusual for companies shipping to large manufacturers and retail chains to be penalized financially (not receiving the full invoice amount) for not ___.Answer | | | | | Selected Answer: | d. delivering the goods on the day and at the time promised | | | | | * Question 8 1 out of 1 points | | | DRP (Distribution Requirements Planning) is a system that allows manufacturers, wholesalers and retailers of consumer products to manage their inventory "just–in–time:" DPR works as a ___.Answer | | | | | Selected Answer: | d. "pull" system | | | ... Get more on HelpWriting.net ...
  • 8. Stabilisation in Investment Contracts and Changes of Rules... Association of International Petroleum Negotiators (AIPN) Stabilisation in Investment Contracts and Changes of Rules in Host Countries: Tools for Oil & Gas Investors Peter D Cameron ACIArb PhD (University of Edinburgh), LLB (Joint Honours) (University of Edinburgh) Professor of International Energy Law and Policy CEPMLP, University of Dundee, UK p.d.cameron@dundee.ac.uk FINAL REPORT 5 July 2006 © Copyright Peter D Cameron PDCameron/AIPN/Final Report. 5 July 2006 Table of Contents TABLE OF CONTENTS .......................................................................................................................2 EXECUTIVE SUMMARY & GUIDE TO THE READER ... Show more content on Helpwriting.net ... ..............................................................................48 3.5 SUMMARY ....................................................................................................................................51 CHAPTER 4: ENFORCEMENT OF STABILISATION PROVISIONS .......................................53 4.1 THE OLD AND THE NEW................................................................................................................53 4.2 THE CLASSICAL AWARDS .............................................................................................................54 4.3 STATING THE OBVIOUS: DUE DILIGENCE......................................................................................56 4.4 INDIRECT EXPROPRIATION ............................................................................................................58 4.4.1 Metalclad ... Get more on HelpWriting.net ...
  • 9. Business Ethics and Corporate Social Responsibility... Business Ethics and Corporate Social Responsibility Individual report: Corruption February 2013 Friedrich Heinrich Zenzen University of Greenwich Introduction Corruption is a complex political, social, and economic anomaly that negatively affects developing and developed countries. It weakens democratic institutions, holds economic development, widening the rich–poor gap and certainly leads to governmental instability. The World Bank definition of corruption states that "...the abuse of public office for private gain". Corruption can be distinguished regarding to where it happens: at the political or management levels of the public sector, or in the private sector between customer and supplier. It can be identified regarding ... Show more content on Helpwriting.net ... Ford and Richardson (1994) the model of ethical decision–making is generally detached by individual factors and situational factors, which in situational factors is the most important. Individual factors helps to understand the reason for some people perceive specific action to be unethical whiles others do not. However, the decision–making cannot simply be explained in terms of these individual factors, because after all several people seems to have 'multiple ethical selves' (Trevino and Nelson 2007:180) – that is, they make different decisions in different situations. Situational factors accepted to be the most important. Individual Factors | Situational Factors | Age and gender | Issue–related | Moral intensity | National and cultural characteristics | | Moral framing | Education and employment | | Rewards | Psychological factor: | | Authority | Cognitive moral development and Locus of control | Context– related | Bureaucracy | Personal values | | Work roles | Personal integrity | | Organisational culture | Moral ... Get more on HelpWriting.net ...
  • 10. Difference Between Common Law And Civil Law Please submit your assignment. There are two main categories of the legal systems which is common law and civil law. There are around 80 countries which recognize the common law system. The civil law system applies to about 150 countries. The primary importance in a common law country is case law. Civil law countries have predominate codified statutes. A fundamental factor of international business is the legal system. The market attractiveness of a country can be affected by variances in legal systems. Daily business practices are regulated by the laws of that particular country. Policies are defined, as well as the rights and obligations within a business transaction. The legal framework for business to be conducted is defined by the country's government. There will be differences in laws country to country. Sound business decisions can be made by acquiring knowledge about the common and civil laws of different countries. Contract and contract law regulate several business transactions. The jurisdiction process of a common law system is expensive. The common law system has a greater flexibility. Contract disputes are interpreted by judges in comparison to the civil law system. The property rights of most countries are not enforced by local authorities. Although most of these countries have laws established to protect the property rights of investors. There are two ways in which property rights can be violated. Violations can occur through private action or by public ... Get more on HelpWriting.net ...
  • 11. How Globalization Has Caused Products Globalization has caused products designed in California, being assembled in China. This is interchange of market resources helped many MNE's spread across the globe offering similar or different products in regions and states. Theodore Levitt (1983) criticizes MNE's who have different strategies for different regions, and called for the global company, which will have standardized product offerings all over the globe. There are others like Kotler (1985) and Fisher (1984) who encouraged MNE's to adapt product and marketing strategies according to individual market. For more than ten years concerns encompassing worldwide work polishes in the wearing attire industry have been under a ton consideration from the general population (Arnold ... Show more content on Helpwriting.net ... In addition this research investigates endeavors to propose diverse ways in which companies can treat their employees ethically, while in the meantime stay financially profitable and maintain their competitiveness by being good corporate global citizens. Which strategy is the best only time will tell, yet MNE's tend to grow by the transfer of resources due to globalization, and mostly focusing on outsourcing. Some critics have pointed to the sub–standard utilization of labor in undeveloped or developing economies by MNE's. This paper will initially give an outlook of such a company, which is 'NIKE'. The paper will talk about Nike's business strategy and how its strategy is undermining and breaking international labor laws. The paper will look into some Nike cases regarding 'sweatshops' and unethical business practices of Nike. The paper will then talk about ethical issues and suggest ethical theory to compliment the unethical behavior of Nike. Background Nike, Inc (NIKE) incorporated on September 8, 1969, and since then has grown into one of the world's leading athletic footwear, apparel, equipment, accessories and Services Company. Nike grossed $25.33b in revenues last year, an 8% increase from the previous year (Nike, Inc. Annual Reports, 2013). President and CEO of Nike, Inc said, "We're excited about what lies ... Get more on HelpWriting.net ...
  • 12. Business Law Problems 1. What are the four elements of a valid contract? A contract is an "agreement between parties, with terms and conditions that describe the agreement that constitutes a legal obligation" (All Business). A valid contract requires four elements and these are: a. Mutual agreement – there must be a meeting of the minds between parties. There should be an offer and an acceptance. There should be an agreement to enter into the contract b. Consideration – meaning that "every party is conferring a benefit on the other party or himself sustaining a recognizable detriment, such as a reduction of the party's alternative courses of action where the party would otherwise be free to act with respect to the subject matter without any limitation" ... Show more content on Helpwriting.net ... Cost of contracting will be lower which will definitely impact businesses. Another impact of electronic contracting is the impact on government regulations. With the advent of this new kind of contracting, governments would also have to update their regulations to adapt to electronic contracting. In order for electronic contracting to work, the necessary support and infrastructure should also be implemented. There should be firmer and specific laws to regulate these kinds of transactions. 2. What are the potential pitfalls you see with electronic contracting? One major pitfall of electronic contracting is the potential legal impact that can ensure from such negotiation. Currently, not all states have an electronic contracting law. As such, these contracts may not be recognized by everybody. Also, the "admissibility of evidence of an electronic record or signature may be unconstitutional; contracting parties should consider adding clauses expressly providing for the admissibility of the constituent electronic records" (Reid & Priest). Another pitfall that could ensure from electronic contracting is the huge possibility of fraud and mistake which is minimized in traditional contracts. Also, ecommerce information has the potential of being used improperly. Assignment Name: Unit 4 Discussion Board 1. Is the International Court of Justice the first world ... Get more on HelpWriting.net ...
  • 13. Case Study on CadMex Pharma Globalism has resulted in a number of changes for the economic viability of the modern corporation. As both the developed world evolves in their new market structure, the developing world adds to the pressures and changes necessary to do business in the contemporary environment. Doing business is not the same worldwide, and the citizens of the global village realize that there are different cultural norms, behaviors, and expectations that stakeholders of all types have when thinking about the modern corporation. Business ethics sets up standards for organizations to act in a way that may be considered right or wrong, or at the very least acceptable or unacceptable. As trade barriers are falling around the globe, differences in morality are gaining more interest regarding such issues as human rights, political behavior or even environmental conservation. The core purpose of a multinational business is to continue to grow the organization, find more resources, develop more product and convert new customers. Without fiscal advantages, organizations would not have the impetus to expand globaly greater profits, less regulation expense, tax incentives, larger universe of workers, etc. Multinational corporations do, however, need to keep in mind that customs, laws, and expectations may very well change by country, but that there are still remaining overall global moral standards of behavior (Mayfield, 2003). Our case study revolves around CaDMex Pharma, a pharmaceutical company ... Get more on HelpWriting.net ...
  • 14. A; Lkdf i am going to the store to by some food for me to eat. i have to write a paper and this thing won't let me in to get my paper.SCROLL UP AND DOWN BY USING THE SCROLL BAR ON THE RIGHT OR PRESSING THE UP/DOWN ARROWS AND/OR PageUp / PageDown KEYS TO VIEW THIS ENTIRE AGREEMENT. WinMX License Agreement Please read and understand this license agreement fully before using the WinMX software. This is an agreement between you, the end–user, and Frontcode Technologies, the publisher of the WinMX software. By installing and/or using this software you are agreeing to be bound by the terms of this agreement. If you do not agree with the terms of this license agreement, the software must be removed, including any installation files and archival ... Show more content on Helpwriting.net ... The United Nations convention on contracts for the international sale of goods shall not apply to this license. If for any reason a court of competent jurisdiction finds any provision of this license or portion thereof, to be unenforceable, that provision of the license shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this license shall continue in full force and effect. WinMX, the WinMX logo, and all trademarks, service marks and trade names of WinMX and/or Frontcode Technologies appearing in the WinMX software, on the Frontcode.com web site or the WinMX.com web site are owned by Frontcode Technologies. WinMX trademarks, logos, service marks, and trade names may not be used in connection with any product or service that is not WinMX's or Frontcode Technologies, in any manner that is likely to cause confusion, or in any way that disparages or discredits WinMX and/or Frontcode ... Get more on HelpWriting.net ...
  • 15. The Code Of The Postal Rule The law of contract requires a firm offer and acceptance to be in place and acceptance of an offer by post is referred to as the postal rule. This rule was created in 1818 and is a non instantaneous method of communication. The postal rule will be examined alongside offer and acceptance and the effectiveness of the postal rule today will be analysed. Other methods of communication such as email and faxes will also be explored. Relevant cases will be provided as evidence for any points made. A conclusion will be reached with the evaluation of the effectiveness of the postal rule today. An offer is an expression of willingness to form a contract and is made with the intention to be bound by specified terms once it has been accepted. Acceptance of an offer is necessary for a contract to be formed and the postal rule is a way of providing acceptance. In order for a contract to be established, it is important that an offer is made and the acceptance of the offer is communicated to the offeror. However, this is not necessarily the case under the postal rule, once acceptance is communicated by post; the contract is formed as soon as the letter is sent. This is set out in the case of Adams v Linsell defendants offer was delayed which subsequently caused the plaintiffs communication of acceptance. The defendants sold the goods to a third party. The court decided a contract was formed before the transaction with the third party had took place, on the basis that the acceptance was ... Get more on HelpWriting.net ...
  • 16. International Business Law Essay Sustainable development and international business law 1) Executive summary This scenario involves four countries and four separate business transactions. Further, it involves several main legal issues which will be dealt with in the discussion. * The first issue is which law will govern the transactions between the parties – domestic or international law, and the implications of both. * The scenario raises the issue of the selection of incoterms which will best accommodate the interest of both parties in the first and second transaction between WCO and China and WCO and Philippines respectively. * The second issue raised is the difference in currency the parties would like to use again in the first and second ... Show more content on Helpwriting.net ... Prime examples of issues which arise thereof are distance, difference in the legal systems and currencies which have different value to them. Even though UK is not a signatory to CISG, in order for the transaction to exist, an agreement has to be made between the parties that where CISG does not cover certain issues, SGA 1978 will apply to fill in the gap automatically. In this case the dispute arises in Chine, Filipines, Japan or Thailand, the domestic law of the country in which the issue arises will be applicable to resolve it. International contracts can either be regulated by choice of one legal jurisdiction or through a uniform international Convention – United Nations Convention on Contracts for the International Sale of Goods (UNCISG). The latter is a uniform code comprising all different laws which applies to all international business transactions, subject to the agreement of the parties to the contract. The rationale behind CISG is that it is a compromise between civil law and common law for the sake of a smooth international transaction, where benefits such as creation of capital, employment, money flaw, better standard of living are a priority underpin the creation of a more sustainable world harmonising law systems in order to reach a single understanding of legal situations. The use of CISG in an international business transaction like in the present scenario is beneficial mainly because of the stability and predictability it ... Get more on HelpWriting.net ...
  • 17. Marketing Assignments IBL2 November 2009–11–24 All subgroups number 1: Answer the following questions: a. end of chapter 10 questions number 1, 4, 5 and 6 b. give your opinion on the following situation: Intermediary Oil Co. (IOC) of Country A purchased fuel oil that was at sea aboard a tanker. IOC then contracted to sell the oil to Big City Power Co. (BCPC) in Country B. At the time that IOC purchased the cargo of fuel oil, it received a certificate from the foreign refinery that had produced the oil certifying that its sulfur content was 0.52 percent. When IOC contracted to sell the oil to BCPC, IOC stated that the sulfur content of the oil was 0.5 percent (IOC rounded off the 0.52 percent as was the custom in the trade). ... Show more content on Helpwriting.net ... Must Natural pay the amount Weaver demands? All subgroups number 3: Give your opinion on and discuss the following situation and question: Situation: Importers, Inc., in County A contracted with Overseas Exporters, Ltd. in Country B to purchase 50 crates of army surplus boots in assorted sizes. Importers secured an irrevocable letter of credit from Home City Bank in Country A that named Overseas Exporters as the beneficiary. The credit required Overseas Exporters to produce a bill of lading naming the bank as the consignee (plus other appropriate documents) in order for it to collect payment on the credit. When Overseas Exporters placed the crates aboard a carrier for shipment, it received the required bill of lading and other documents. Importers then learned that Overseas Exporters had filled the crates with rubbish not boots. Importers promptly notified Home City Bank of this and asked the bank not to pay Overseas Exporters on the letter of credit. The bank refused. Importers has now brought suit to enjoin the bank from making payment. Should a court grant Importers request? Question: Describe the three basic systems countries have adopted to ameliorate the burden of international double taxation. Indicate which of these is most advantageous to taxpayers and why this is so. Describe which of these systems is preferred by most countries and why this is so. All subgroups number 4: Give your opinion on and discuss the ... Get more on HelpWriting.net ...
  • 18. The United Nations Convention On Contracts The United Nations Convention on Contracts for the International Sales of goods entered into force January 1 1988. Among the 79 states that have ratified or acceded to the treaty to date are Australia, Canada, the United States, Japan, the Republic of Korea, China, and Singapore. The Vienna Convention, as CISG is also known, was designed to systemise and rationalise international contracts in a particular region, drawing from a common legal framework. The CISG is divided into three substantive parts plus final clauses. (The 1980 UN Convention of Contract for the International Sale of Goods, 1990) WHEN DOES THE CISG APPLY? WHEN DOES IT NOT APPLY? Articles 1 through to 6 constitute Part I, Chapter I of the CISG, "Sphere of Application". ... Show more content on Helpwriting.net ... The scope of "sales of goods" governed by the treaty depends on the provisions already discussed, and on Article 2 which exclude the following transactions: 2(a) consumer purchases (unless the seller had no reason to know the goods were destined for personal or family use), 2(b) auctions, 2(c) execution or other sales under legal process, 2(d) sales of commercial paper, securities or currency, 2(e) sales of vessels, hovercraft or aircraft, and 2(f) sales of electricity. Furthermore, 3(a) sales of specifically fabricated goods for which a substantial part of the input materials are supplied by the buyer, and 3(2) contracts under which the preponderant part of the obligations of the supplier of goods consists in the supply of labour or other services are also improper transactions. ARTICLE 5 (The 1980 UN Convention of Contract for the International Sale of Goods, 1990) SUMMARY OF OTHER PARTS Articles 7 through 13, which make up Part I, Chapter II, "General Provisions", serve as important guides for the interpretation of CISG, and for its application in concrete cases. These articles provide rules for determining the intent of parties to a contract, and address the often crucial issue of the extant to which customs and usages of a particular trade are binding. ... Get more on HelpWriting.net ...
  • 19. International Business Law Essay ––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––– INTERNATIONAL BUSINESS LAW ––––––––––––––––––––––––––––––––––––––––––––––––– BUSA 391 – SUMMER 2010 Prepared For: Professor Leslie Beck By: Gabriela Popescu ID: 260224311 June 17, 2010. Six months ago, Antiques R Us (a Canadian corporation) entered into a contract with Yankee Antiques (an American company) to purchase "a desk used by George Washington himself after his retirement from the Presidency". The sum of $500,000 was to be paid to Yankee Antiques after 30 days of ... Show more content on Helpwriting.net ... For each separate scenario identified, a suitable course of action has been constructed that best encompasses the strategy stated above. Preliminary Step The authenticity of the desk is the first issue that needs to be resolved: the validity of the contract is contingent upon this sole factor and any following measures to resell the desk cannot be made without proof of authenticity. However, before any tests can be conducted, Antiques R Us must, in good faith, fully disclose the situation and their thoughts on the matter to Yankee Antiques. In trying to maintain good relations with the valued supplier, a letter should be made in writing to Yankee Antiques outlining the doubts and concerns raised by the third party and ask them to provide proof of authenticity. This crucial preliminary step is justified by the following reasons: 1. Full disclosure acts as a letter of intent in this situation; it explains that Antiques R Us still has faith in Yankee Antiques, but that pursuant to the terms of our contract and the request of our client, we have no choice but to require proof of authenticity. In attempting to honour the contract, any delay in performing our obligations will not be made in bad faith. 2. If the situation is brought to court, Antiques R Us has proof that an attempt was made to inform Yankee Antiques about the authenticity issue. 3. If ... Get more on HelpWriting.net ...
  • 20. Definition Of Good Faith Becomes Binding By Virtue Of... Student Id: 21252354 Total words: 2987 Introduction: This paper tends to analyse and discuss the applicability, similarities and differences and does the concept of good faith becomes binding by virtue of application of The UN Convention on Contracts for the International Sale of Goods, the UNIDROIT Principles of International Commercial Contracts and the European Principles of Contract Law as the most important international instruments on contract law and will be summarize as follows (I) Background. (II) Purpose and Applicability. (III) Similarities and Differences. (IV) Concept of Good faith. (V) Conclusion. (I) Background. International sales, contract law is a global challenged. International trade has witnessed a tremendous ... Show more content on Helpwriting.net ... UN Convention on Contracts for the International Sale of Goods (CISG) is treaty that has unified international sales law and was developed by the United Nations Commission on International Trade Law (UNCITRAL) is also referred as Vienna Convention and it came in to force in January 1988 1 www.Heinonline.org/HOL/Landingpage? handle=hein.journals/droit1996&div=26&id=&page= accessed on 13/12/14 (II) Purpose and Applicability 1. UN Convention on Contracts for the International Sale of Goods (CISG): Purpose: To provide a uniform, modern and non–discriminatory regime for the contracts for the sale of international goods and the application of uniform legislation whenever the contracts for the sale of the goods are concluded by the parties in the contracting states2 and the total number of the contracting states is 833. It provides a balance of interest between the buyer and the seller inspiring contract law reforms at the national level. Applicability: Article 14 says that it is applicable to the contract of sales between the parties when places of business are located in different contracting nations and nor the nationality of the parties or civil or commercial parties of the contract is taken in to consideration in determine the application of this convention. By the virtue CISG ... Get more on HelpWriting.net ...
  • 21. Relations Between China And China Before establishing formal diplomatic relations with China, Singapore was already enjoying close economic and political ties with China albeit on an informal basis. Both countries elevated their relationship to a more formal level by establishing diplomatic relations on October 3 1990. Since then, the economic and trade cooperation between the two nations has expanded steadily and China has become Singapore 's largest trading partner in 2014 with the bilateral trade amounting to S$121.47 billion. From Singapore's perspective, being an entrepot city devoid of natural resources, it had historically no choice but to be the middleman of all the trading nations, including China. Due to its strategic and well–located geographical position, Singapore had emerged as an important middleman and reexport centre for natural rubber from Malaya to China and a distribution centre for China's commodities to Southeast Asia. When reforms in China began to rejuvenate its internal economy and to open it up to the global economy by signing a number of regional trade agreements and by accessioning into the World Trade Organisation (WTO) in the year 2001, Singapore has been actively pursuing economic opportunities in China. Singapore and China are contracting parties to the United Nations Convention on Contracts for the International Sale of Goods (CISG), which establishes a system of uniform sale of goods rules to govern the rights and obligations of parties to international sales contracts ... Get more on HelpWriting.net ...
  • 22. Business: International Legal and Ethical Issues Essay International Legal and Ethical Issues When businesses deal globally to expand their markets they may face dilemmas which must be dealt with to avoid conflict. The types of issues many companies encounter deal with legal, ethical and cultural encounters. From our example we see the legal issues in settling disputes for international transactions can become very complex. Ethical issues concerning the workers, the culture, and the environment are all contributing factors international companies must be ready to address. CadMex Pharma and Gentura must establish a business agreement that protects both of the company's interest from issues concerning the social, legal, and ethical norms of the host business. What are the issues involved ... Show more content on Helpwriting.net ... These laws will prevail over the individual country of origin laws when both countries agree to the CISG. Courts from either country would have a hard time enforcing laws against international business in another country. Matters concerning dispute resolution must be agreed upon as companies agree to do business together. What are some practical considerations of taking legal action against a foreign business partner based in another country? Companies seeking to take legal action against a foreign business partner must consider what type of agreement exist between the international businesses. Which laws and court system of each company will prevail? The agreements between international businesses should consider if International arbitration will be used to settle disputes and if the arbitration is binding or nonbinding. International organizations who follow a system of Arbitration which has a high level of acceptance may incur less expense and still maintain a working relationship. Arbitration awards are enforceable in many countries as long as arbitration is international according to the treaty of 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Melvin, 2011. p. 637). If the Companies seek legal action through the court system, each organization will need to have a broad understanding of the legal systems within each country as they seek settlement of ... Get more on HelpWriting.net ...
  • 23. Corruption and Bribery Corruption and Bribery April 29, 2015 Abstract In this paper, I will be writing about corruption and bribery. I will define the terms and go on to explain the regulations that have been put in place to stop corruption and bribery. I will then go on to give examples of major corruption and bribery scandals that companies have recently been in and what has been done to punish said companies for their crime. Intro Corruption is defined in the Merriam–Webster Dictionary as "dishonest or illegal behavior especially by powerful people (such as government officials or police officers), the act of corrupting someone or something, and something that has been changed from its original form". (Merriam– Webster) Bribery ... Show more content on Helpwriting.net ... This states that countries agreed to help out countries in need if they are under a new government with a lot of corruption. In the UK they have their own form of anti–bribery. They installed the UK Anti–Bribery Act in 2010 with the Parliament of the United Kingdom. The act states that being bribed, the bribery of a public official, and the failure of an organization to stop bribery are punishable under law through the act. It states that the criminal can do a maximum of ten years in prison and pay massive fines for proceeding in corruption. This Act not only punishes organizations in the UK; it also punishes organizations that have any link to that country with a universal jurisdiction. A major concern of this Act is that in some places bribes are common and it will affect companies that are in a global market that do business with countries that partake in such activities. Like the UK, the United States of America also has laws regarding bribery and corruption. This is the Foreign Corrupt Practices Act of 1977 or simply FCPA. This act has two major parts to it. The first being accounting transparency requirements from the Securities Exchange Act of 1934 and the other dealing with bribery. This United States law "prohibits U.S. firms and individuals from paying bribes to foreign ... Get more on HelpWriting.net ...
  • 24. The Contract Law Of The United States Essay Paper on the Contract Law of the United States Introduction Contract Law of The United States of America In order to have civilized interactions between people contract law is an invention that creates good faith and fair dealing. The United States people have a government that has a legal system that enforces agreements called contracts. An agreement without enforceability leaves the parties vulnerable to mistakes, dishonesty, changes of mind, illegality. Also, a contract means that the people can have reliability in their relations. People can have their problems remedied and damages made up for. Contract enforcement makes a more stable platform for businesses, making them more likely to do business and helping the economy, ... Show more content on Helpwriting.net ... What business and people are allowed to do is regulated by contracting. Contract laws are made by the state or the courts. Our society is controlled by contracting, which keeps order. Contract laws are enforced by the courts. Fairness and equity in contracts is the assignment of the courts. Certain basic contract rights are protected by the law. Unfair and unconscionable advantage by strong groups and powerful individuals over less influential individuals is regulated by contracting. Aspects of the Contract Law of the United States The Contract Clause Article I, section 10, clause 1 of the United States Constitution, states: "No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility." Law that retroactively impairs contract rights is prohibited by this Contract Clause. State legislation cannot impair contract rights. Court decisions can still be used to impair contract rights.[2] Contract Clause. (2015, February 11). The individual State governments and the United States Congress have rights established by Article 1 of the United States Constitution. Any law that impairs the obligation of contracts is not allowed by Section 10. However, states are not ... Get more on HelpWriting.net ...
  • 25. Electronic Commerce: Formal Requirements in Commercial... Law Commission ELECTRONIC COMMERCE: FORMAL REQUIREMENTS IN COMMERCIAL TRANSACTIONS ADVICE FROM THE LAW COMMISSION December 2001 The Law Commission was set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Carnwath CVO, Chairman Professor Hugh Beale Mr Stuart Bridge Professor Martin Partington Judge Alan Wilkie, QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37–38 John Street, Theobalds Road, London WC1N 2BQ. The terms of this paper were agreed on 3 December 2001. The text of this paper is available on the Internet at: http://www.lawcom.gov.uk © Crown copyright 2001 ELECTRONIC ... Show more content on Helpwriting.net ... THE SCOPE OF THIS ADVICE 1.8 This Advice focuses on the international sale and carriage of goods and the 1 associated banking and insurance transactions. In Part 2 we summarise the approach taken in the UNCITRAL Model Laws on Electronic Commerce and on Electronic Signatures. Part 3 deals in general terms with statutory form requirements, their application to electronic communications, the UK's obligations under Article 9 of the Electronic Commerce Directive and the making of orders under section 8 of the ECA. Part 4 deals with the carriage of goods by sea and, in particular, the extent to which a bill of lading has, or may in future have, an electronic equivalent. Issues arising in relation to the sale of goods are dealt with in Part 5. Carriage of goods by road, rail and air are covered in Part 6. Part 7 deals with marine insurance, with factoring being dealt with in Part 8. Part 9 then considers the most common payment mechanisms used in the international sale of goods. Our conclusions are summarised in Part 10. This Advice contains a summary of our views, derived from our detailed consideration of the issues. We have set out our views in summary form to enable those views to be considered by Government before it concludes the work which it is currently undertaking in relation to Article 9 and section ... Get more on HelpWriting.net ...
  • 26. The Pros And Cons Of Countertrade 4.0 Countertrade Generally countertrade is a trade carried out partially or wholly in goods rather than money. According to Investopedia (2014), countertrade can be defined as an international trade which are exchanged for other goods rather than hard currency. This might because many nations do not have enough dollars or the "hard" currency such as British pounds, German marks, French franc, Japanese yen and so forth to buy what they need. However, they have products that people from other countries want to buy (Zodl, 1995). Usually this type of payment method might from a contact in Eastern Europe or less–developed country in Africa or Asia. According to Albaum & Duerr (2011), the agreement involves the parallel business transaction that ... Show more content on Helpwriting.net ... This because it can cover the transaction of considerable worth. According to the Albaum & Duerr (2011), the pure barter involves the simplest direct exchange in that exporter agrees to receive goods from the importer as a transaction for the original export payments. For example, PepsiCo case which is it had a consent with the former Soviet Union to supply the Pepsi–Cola syrup from its British, where the British subsidiary for sale and bottling in the USSR. For the syrup, then used for supervising and training the Soviet workers and use of its trademarks, PepsiCo agreed to take Stolichnaya vodka as a payment. Besides that, other transaction the General Motors agreed to supply the USSR with US$100 million worth in exchange for ... Get more on HelpWriting.net ...
  • 27. International Trade Law And The United States All countries apply the rule of law, but the systems in each country differ. For example, while the UK has common law, the USA uses civil law, so this can see that countries apply differing approaches to jurisdiction and the law. International Trade Law governs cross–border trade in goods and services and serves to provide a legal framework for exchanges between parties located in different countries. In these circumstances, it is common that the trading parties are not familiar with each other before engaging in trade, so International Trade Law can help mitigate the risks involved and offer protection to the trading parties. The existence of International Trade Law has the potential to mitigate a number of potential difficulties which contracting parties might face. Various situations have been presented which have not been adequately addressed by current trade laws; frequently these arise when parties are based in different countries which operate different legal systems and when the parties had not specified which legal system would apply to their agreed contracts. The issues of whose laws will apply and which court shall have jurisdiction is an ongoing concern in global trade. The issue can be resolved through the consideration of rules governing conflict of laws, these also often differ between the legal systems in the countries of the parties involved in the conflict. Moreover, it is in the best interests for all parties to find a means of harmonizing the legal ... Get more on HelpWriting.net ...
  • 28. The Politics And Last National Security Essay Arms Trade, Weapons Sales, Armament Sales are just few terms used for the manufacture and sale or trade of devices to protect a country, attack another and quite possibly benefit economically, or politically on a global scale. Countries, entities, factions, make, sell, and give things of destruction to others. This is a reality. The intent of this paper is to provide information that individuals can use to determine the necessity. The economics, the politics and last the National Security are the three main discussion points. History History of Arms Trade, Weapons Trade or the trade any of items necessary to protect, feed or conquer dates back to the dawn of time. Scholars note that arms trade or weapons trade could be traced back 300,000 years (Thieme). As "humans" evolved and interacted with each other, scholars speculate that the trade of many things occurred. The trade would include stories, knowledge, which can be considered intangibles, then the tangibles, seeds for food, things to make tools, how to make a shelter, weapons for protection and survival. Basically trade included instruction and things needed for every aspect of life; to survive. Agers 2 Elements of Thought Think about it this way. You have a clan or tribe with really good sharp rocks and a clan or tribe with really good wood staffs. You put both together you have a more lethal device, for protection and providing food. An item that was designed to help a human to survive evolved ... Get more on HelpWriting.net ...
  • 29. SA IBL TB8e Ch17 CHAPTER 17–LICENSING AGREEMENTS AND THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS TRUE/FALSE 1. The hearing for the Walt Disney v. Beijing Publishing Press was held in the United States. ANS: F PTS: 1 2. It is fairly common for IPR licensors to put geographic and field–of–use limitations on licensees. ANS: T PTS: 1 3. Licensees of IPRs are generally eager to operate under specific marketing quotas requested by the licensor. ANS: F PTS: 1 4. Licensors of IPRs are generally wary of offering licensees exclusive rights in a certain geographic area. ANS: T PTS: 1 5. Under TRIPS, until a pharmaceutical patent is actually granted, a country has no obligation to protect potential prospective rights (during the pendency of the ... Show more content on Helpwriting.net ... ANS: T PTS: 1 26. Most nations grant patent priority to the individual who can prove (s)he was the first to invent. ANS: T PTS: 1 27. Both the Berne Convention and the Paris Convention require signatory countries to enact certain minimum substantive laws.
  • 30. ANS: F PTS: 1 28. Computer programs are protected as copyrightable literary works under the Berne Convention. ANS: T PTS: 1 29. Since 1996, the European Union's Trademark Regulation has allowed a single trademark registration enforceable in all members of the European Union. ANS: T PTS: 1 30. Under TRIPS, a nation may decide to exclude pharmaceutical patents if it determines they are immoral. ANS: T PTS: 1 31. Under U.S. copyright law, an author's moral rights are not protected. ANS: F PTS: 1 MULTIPLE CHOICE 1. A. Bourjois & Co. v. Katzel involved the question of whether Katzel: a. Was liable to Bourjois for breach of contract. b. Was liable to the French subsidiary of Bourjois for trademark infringement and counterfeiting. c. Was entitled to punitive damages for willful trademark infringement. d. Was liable to Bourjois for trademark infringement. ANS: D PTS: 1 2. A single multinational application process is available for protecting intellectual property in: a. In the U.S., Canada, and Mexico. b. In the Eastern European countries. c. In countries that are member of the Asian Patent Protection Treaty. d. In the European Union. e. All of the above.
  • 31. ANS: ... Get more on HelpWriting.net ...
  • 32. Australia 's Legal System Is Based On The English Legal... 1. Australia's legal system is based on the English legal system." To what extent is this statement correct? Discuss. Understanding of law: Law can be defined as a system of rules and regulations that are enforced through social institution to govern the country which can be made by legislatures by legislation, executives or judges through binding precedent. The law can be regarded as a constitution enforced that shapes politics, economics and society in various ways . Every country has different binding rules and regulations that enacts people to be governed by accepted rules rather than by the arbitrary decisions of rulers. Such rules should be general, certain and apply equally to all individuals. Thus, the purpose of law is to preserve the freedom and moral agency. Thus, Law can be defined as the body of principles recognized and applied by the state in the administration of justice . English legal system The set of rules and regulations enacted by the law of England and Wales is known as English legal system where the parliament of the United Kingdom is the supreme legislative institution. The Royal Courts of Justice is the seat of the High Court of Justice and the Court of Appeal known as Commonwealth of Nations and Judicial Committee of the Privy Council. US constitution is also highly influenced by the British law in which English legal system includes judiciary, legislation and common law. Being Britain as a strong international trading nation, the law is ... Get more on HelpWriting.net ...
  • 33. Introduction to Contract Management 1.0 INTRODUCTION TO CONTRACT MANAGEMENT A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between or among them. The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality of obligation. i.e. 1. Offer and Acceptance 2. Competent Persons 3. Consideration 4. Mutual Obligation 5. Lawful Object Contract law varies greatly from one jurisdiction to another, including differences in common law compared to civil law, the impact of received law, particularly from England in common law countries, and of law codified in regional ... Show more content on Helpwriting.net ... This includes the development and implementation of procedures covering the administrative and clerical activities. Good contract administration is important for the successful management of any contract. Contract administration also requires appropriate resourcing, and as part of the contract management planning both the agency and the supplier need to consider the level of resources required for the particular contract. Procedures should be in place for the management of the main contract activities. These may include: i) Contract variations, including change control ii) Cost monitoring iii) Ordering procedures, e.g. ordering of hardware iv) Payment procedures v) Management reporting Transition Planning Transition planning is an important activity whenever there is the potential for service delivery to be affected by the transition. As noted in the section on contract planning, in relatively routine, straightforward procurements, transition arrangements may be covered in the contract management plan. However, in more complex procurements a detailed transition plan may be required. While the content of this plan will depend on what is being procured, headings may include: a) timeline of activities/events b) reporting c) resource requirements d) key roles and responsibilities e) training requirements f) communications requirements e.g. communications plans g) A risks and risk ... Get more on HelpWriting.net ...
  • 34. Supreme Court Cases How Supreme Court decisions sought to assert federal power over state laws(pp. 240–241) Supreme Court reflected and reinforced nationalism during the post–Ghent years, despite the ominous setbacks concerning slavery. Chief Justice John Marshall continued to dominate the high tribunal. Marshall increased the power of the federal government McCulloch v. Maryland (1819): Maryland attempted to impose tax on Bank of America to destroy it. John Marshall denied the right of Maryland with Hamilton's doctrine of implied power "That the power to tax involves the power to destroy" & "That a power to create implies a power to preserve." "Loose construction" Marshall considered that the Constitution derived from the consent of the people and thus ... Show more content on Helpwriting.net ... Woodward (1819) Dartmouth College was granted a charter by King George III in 1769. (Daniel Webster ('01)) New Hampshire state legislature had seen fit to change it. Marshall denied the state and stated that the original charter must stand. The Constitution protected contracts against state encroachments. Marshall buttressed the federal Union and helped to create a stable, nationally uniform environment for business and checked the excesses of popularly elected state legislatures. How Americans debated the scope of government's role in the economy with the acceleration of a national and international market economy(pp. 232–235) The spirit of national consciousness was formed after the War of 1812 Washington Irving and James Fenimore Cooper attained international recognition in the 1820s, as the nation's first writers of importance to use American scenes and themes. School textbooks were written by Americans instead of British for Americans. North American Review began publication in 1815 in world magazine. American painters drew native landscapes. A revived Bank of the United States was voted by Congress in 1816. Reconstruction of the capital. Expansion of the army. "The American System'' Construction of factories The path–breaking Tariff of 1816 The first tariff in American history instituted primarily for protection,
  • 35. ... Get more on HelpWriting.net ...
  • 36. Common Law And Civil Law There are two main categories of the legal systems which is common law and civil law. There are around 80 countries which recognize the common law system. The civil law system applies to about 150 countries. The primary importance in a common law country is case law. Civil law countries have predominate codified statutes. An important factor to international business is the legal system. The market attractiveness of a country can be affected by differences in legal systems. Business practices are regulated by the country's law. Policies are defined as well the rights and obligations in business transactions. The legal framework for business to be conducted is defined by the country's government. There will be variances in laws country to country. Sound business decisions can be made by acquiring knowledge about common laws and civil laws of different countries. Contract and contract law regulate several business transactions. The jurisdiction process of a common law system is expensive. The common law system has a greater flexibility. Contract disputes are interpreted by judges in comparison to the civil law system. The property rights of most countries are not enforced local authorities. Although most of these countries have laws established to the protect property rights of investors. There are two ways in which property rights can be violated. Violations can occur Private action through private action or by public action. Piracy, theft, and blackmail are all categorized ... Get more on HelpWriting.net ...
  • 37. Mailbox Rule Mailbox Rule Discussing Development & Application of Mailbox Rule I. Introduction In the Common Law system, "the Mailbox Rule is an alternate term for the Postal Rule; when mailed, an acceptance of an offer to contract is valid from the moment it is deposited into a mailbox; on dispatch." The Mailbox rule is an exception to the general rule that a contract is created when acceptance is directly communicated to the offeror. The mailbox rule provides that the contract is formed when the letter of acceptance is placed in the mailbox. This rule was established by the case of Adams v. Lindsell (1818) B& Ald 68. In this case, Judge Law said that if that were ... Show more content on Helpwriting.net ... 3. The Mailbox rule increases the risk for an inability to fulfill contracts. Based on the Common Law system, an offer cannot be withdrawn but can be revoked by the offeror. In the Restatement (second) of Contracts, § 42 "an offeree's power of acceptance is terminated when the offeree receives from the offeror a manifestation of an intention not to enter into the proposed contract." That means an offer would be void when revoked information reaches the offeree. And there is a gap between the revoked information is mailed and when it is received. Therefore, during this gap, if an acceptance was mailed, according to the Mailbox rule, a contract is created. Obviously, under this situation, the Mailbox rule could cause a party to be unable to fulfill a contract. More unfairly, this rule would even punish the offeror with good faith because the offeror has no ability to fulfill the contract, which causes them to violate the contract's obligation. 4. The Mailbox rule conflicts with international contract law. The U.S. is a member of the United Nations Convention on Contracts for the International Sale of Goods (CISG), which adopts the Receipt rule. Acceptance under the CISG is effective when it reaches the offeror and a party may withdraw or modify a second communication that overtakes the first [5]. For example, article 22 of CISG says "An acceptance may be withdrawn if the withdrawal reaches the offeror before or at the same time as the ... Get more on HelpWriting.net ...
  • 38. Intercultural Management Intercultural management A global manager has to consult with the legal services in order to comply with the host countries legal parameters. This is imperative for long–term relationship between such corporations and the host country's government. This enables managers of international corporations to find legal recourse incase a problem arises. Such problems can only be addressed through local interpretation and enforcement. There are a few exceptions in countries like China where financial and legal systems are not responsive to the demands of the international business community. In fact, it is in China where the government does not stand behind the commitments of its state owned enterprises. China has a reputation for protecting its powerful companies. The zeal with which China pursues foreign trade is not commensurate to its resolve to embrace global legal norms (Deresky, 2011). Pieces of legislations enacted in countries where international corporations operate grossly affect their operations. International laws also affect the operation of such businesses. In fact, there are local laws and international laws that international corporations have to adhere to. International laws govern relationship between sovereign countries. United Nations Convention on Contracts for the International Sale of Goods is one such international law that spells out the rights and obligations of sellers and buyers. The countries that have adopted this convention are duty bound to abide ... Get more on HelpWriting.net ...
  • 39. Transfer Of Risks Of International Sales Of Goods Transfer of risks in international sales of goods Item 1 Monograph Atiyah P. S, Adams J. N, MacQueen H, The Sale of Goods ( 11th ed, Pearson Education Limited 2005) This book focus on the domestic law of sale of goods. Chapter 20 in this book introduce transfer of risk and frustration of contrast in Sale of Goods Act 1979. Firstly, this chapter give me a well– rounded and clear understanding about the risk in the international sale of goods by comparing the distinction between the doctrines of risk and frustration. Secondly, through the theoretical analysis of the section 20 in Sale of Goods Act 1979, I could have the knowledge of comparatively the specific provisions of passage of risk under two specific circumstances. Therefore, It is ... Show more content on Helpwriting.net ... The second part mainly expounds the relevant article about passing of risks in United Nations Convention on Contracts for the International Sale of Goods( CISG ), which could help me to explore the advantages and disadvantages of the delivery principle established by CISG in my dissertation. Item 3 Journal Article Juana C, 'The interplay between Incoterms and the CISG' (2013) 32(1), Journal of Law & Commerce 58 This article demonstrates that the CISG and Incoterms to some extent mutually supplement and support each other in terms of passing of risk. Where the regulation provided by Incoterms is inadequate, rules in CISG can supplement the Incoterm rules and vice versa. And these two instructions both adopt the delivery principle. Therefore, in order to undertake a research about the allocation of risk in my dissertation, it is better to combine CISG rules and trade terms in Incoterms 2010. In addition, by comparing CISG and Incoterms 2010, I could have the knowledge of similarity on the risk rules that is both connecting the passing of risk to the transfer of physical possession, or at least being placed in the position of having control over the goods. This article also expounded some differences regarding risk allocation. For instance, the Incoterm rules revised the CISG's rules on delivery ... Get more on HelpWriting.net ...
  • 40. The Controversy Of Bribery A bribe is to persuade someone to act in one's favor, typically illegally or dishonestly, by a gift of money or other inducements. Many companies have been accused of bribery within their organization. Some of America's most well–known companies have been accused of this crime. Famous brands we all know such as Johnson & Johnson, Hewlett–Packard, Tyson Foods, Ralph Lauren, Wal–Mart and many more have all allegedly been responsible for giving money or other benefits in exchange for favors that will bend the law. "Today, corruption costs the global economy some $2.6 trillion every year, or 5 percent of global GDP", according to the World Economic Forum. In the United States, stricter enforcement has increased and more companies have been caught; ... Show more content on Helpwriting.net ... One way for a company to avoid bribery within the company is to assess all the risks that have to do with bribery. Businesses must educate the employees about the risks involved. In most countries, bribery or acts of corruption are punishable by law which can bring a bad name to the company and later lead to trust issues. This can severely hinder the profitability of a business. A company that has been found guilty of bribes can lose consumer confidence; which results in the loss of profit. Companies must be aware of the differences and rules of conducting business within other countries and avoid any malpractices (Prevent Bribery). Another way to avoid bribery is there must be a zero tolerance policy towards bribery within the entire company. This can be ensured by top management explaining that bribery can lead to severe consequences which can involve imprisonment, heavy fines, and termination. Additionally, a company must thoroughly run a background check of the client's, vendors, and partners; as well as their credibility in the marketplace. Any cases of past history involving instances of bribery or corruption should serve as a red flag or warning to a ... Get more on HelpWriting.net ...
  • 41. The United Nations Convention On Contracts Introduction Described as the 'most succesful international document so far', CISG has unified international sales law whilst protecting the freedom of contract by allowing Contracting States the option of taking exception to certain specified articles. This flexibility was instrumental in convincing states with disparate legal traditions to suscribes to an otherwise uniform code. A number of countries signed the CISG made delcarations and reservations as to the treaty's scope, the UK however refused to adopt the convention at all. Goode's statement touches ona variety of the arguments that have been mooted in order to justify (for some parties) or just understand (for other parties) the UK's failure to ratify the Convention. I will ... Show more content on Helpwriting.net ... It allows exporters to avoid choice of law issues, as it offers 'substantive rules on which contracting parties, courts and arbitrators may rely' . Unless expressly exlcuded by the parties in the contract , the CISG is deemed to be incorporated into any applicable domestic laws that relate to a transaction between parties transferring goods from different Contracring States. The CISG has been regarded as a success for the UNCITRAL, as said by John Felemegas "[the Convention has been accepted by states from] every geographical region, every stage of economic development and every major legal social and economic system". It's overall reach has been described as having the "greatest influence on the law of worldwide trans–border commerce" . In the United States for example, 1.67 trillion dollars in goods were imported and 904 billion dollars exported in 2005 alone. A large percentage of these goods were destined from or originated from countries that are signatories to the CISG. The Convention which applies by default in the international sales context, has also impacted on sales legislation at the regional and national levels. The particular importance of the Convention in the international arena is underlined by some 2,000 reported decisins where the CISG has been held to apply. 'The UK's refusal to adopt the convention appears to be based on a naïve belief in the superiority of a Sale of Goods Act which has remained largely ... Get more on HelpWriting.net ...
  • 42. Legal Frameworks Regulate The Domestic And International... Various legal frameworks regulate both the domestic and international businesses. As such, the laws and regulations within the United States are somewhat dissimilar to those in the global trade arena. It is worth pointing out that contextual factors among other issues are some of the reasons why trades conducted within the United States markets would be different from the international ones. For a company like Medeco that wishes to consider expansion into the global arena, it would be essential to understanding that the legal regulations it will encounter in its endeavor to operate overseas may be different and challenging. Within the United States, the company would have to comply with the Uniform Commercial Code (UCC). This regulatory framework stipulates and directs how businesses within US are carried out. However, on the international venture, Medeco will need to subscribe to Convention and Contracts for International Sales of Goods (CISG). This is a trade agreement that tow parties from different states enter into as they seek to engage in the sales of goods and services at the international level. For a company in the caliber of Medeco, signing this contract with countries like Germany, France, and China is necessary since it operates from the United States, an agreement between the nation (US) and the respective countries is key in enhancing business operations. It is imperative to note that the CISG is not absolute. Although it is an important contract that brings ... Get more on HelpWriting.net ...