Legal Aspects of International Business - Assignment Example

Business: COMMLAW 3502 LEGAL ASPECTS OF INTERNATIONAL BUSINESS III Student Name: University Affiliation: COMMLAW 3502 LEGAL ASPECTS OF INTERNATIONAL BUSINESS III Question one: Will ClotheCo succeed? Discuss. Application: ClotheCo will succeed. Explanation: The license for the trademark use prohibits Dress Co. from the export of its products out state D. There is infringement of the trademark act when the Dress Co. opens up a trade by Parallel Co., which supplies its materials back to ClotheCo. Law case Trademark infringement is a breach of the restricted rights attributed to a trademark without the trademark owner authorizing or any licensees (Given that such permission was within the span of the license). Infringement might take place when Dress Co., the "infringer", used a trademark given by ClotheCo., or confusingly related to a trademark maintained by ClotheCo, in relation to clothes or services that are matching or related to the products or services that the registration shields. ClotheCo is allowed to start civil legal proceedings against Dress Co. for infringing its registered trademark. For instance, In the United States, the Trademark Counterfeiting Act of 1984 banned the intentional trade in fabrication of goods and services. Question Two: Is there a contract under the United Nations Convention on Contracts for the International Sale of Goods (CISG)? Explain. Application: under the CISG, there is no contract formed. A contract is said to be formed only when the parties Bee Plc. receives an acceptance from Ay Pty ltd for the offer. However, Ay Pty LTD has sent acceptance thereafter rejecting the offer by sending another mail. The acceptance mail delayed and arrived after the rejection mail. Law case If the Bee Plc. requests for implementation of an act rather than a signal of acceptance, the acceptance is applicable when the act is done (unless Ay Pty ltd is necessitated to notify Bee Plc first). Ay Pty ltd might have withdrawn its acceptance any time before or simultaneous with its receipt- receipt rule applies re acceptance. A rejection by Ay Pty ltd would have become effective when it reached the Bee Plc. If the offeree sends both an acceptance and a rejection like in the case of Ay Pty ltd, the one that reached the offeror first—Rejection would be given effect (Article 17). Question Three: What remedies if any is Y entitled to under the United Nations Convention on Contracts for the International Sale of Goods (CISG)? Explain. Application: Y may be able to request the remedy of specific performance if X is in breach- Article 46. Specific performance is a court order directing a party to carry out the obligations they had contractually promised to do. X had been contracted to supply 10000 tons of Oranges that cost $ 1 million but causing a loss to Y by $400 000. A court is not necessitated to do this except the court can operate so under its own domestic rules. In some civil law countries, X is entitled to require performance. In the US and Australia, specific performance is permitted if the goods are unique and cannot be gotten elsewhere. Law case Conformity of Goods: Seller must supply goods which are of the quality, quantity, and description needed by the contract and is packed in the required manner (per Article 35 of CISG). Goods do not conform unless they: Are fit for the purpose of which goods of the equal type would normally be used; Are appropriate for any specific reason expressly or impliedly made known to the seller; Own the characters of goods which the seller has detained out for the buyer as an experiment; Are packaged in the same manner usual for such goods Question Four: Is the Bank correct? Explain. Application: the Bank is correct because the bank has to observe the strict compliance rule. Cider Pty Ltd is not actually would sell the ordered cider apples to P Company. Law case As long as the documents appear regular on their face, the issuing bank must pay. Under strict rules of compliance, bank may reject documents that do not exactly comply with the terms specified in the letter of credit. For instance, in one case a Bank was able to decline to pay on a letter of credit which showed payment for 10, 000 liters of cider apples where the bill of lading stated there were 5 liters sampled that showed apple cider is not of the kind ordered. In a famous statement by Lord Sumner in Equitable Trust Co. v Dawson Partners (1926) “there is no room for documents which are almost the same or which will do just as well”. Question five: Assuming you do have jurisdiction to hear this legal case, how will you rule? Explain. Fact I would nullify the contract. The contract was not clearly defined during the offer and acceptance by both Companies X and Y. The offer by X to sell 500 widgets at $10000 to Y is not properly articulated. Law Case A contract is formed when an offer to buy or sell a good is accepted. An offer is a proposal by one person to another indicating an intention to enter into a contract under specific terms (Article 14). To be a valid offer, the offeror must communicate an intention to be bound. A proposal is sufficiently definite if it is directed to a specific person and indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and price. Distinguish between invitations to make an offer. An offer to the general public is treated as an ‘invitation to treat’. Question six: Does Natural have to pay the amount Weaver has demanded? Explain. Application: No. the Natural is not liable to pay $ 300 000 spent by Waiver to purchase the remaining 30 000 boxes. Natural would turn to the excuses for non-performance. Facts: Force majeure – a party is not liable for any damages resulting from his/her failure to perform (Art.79) if the party can show: 1. The failure was due to an impediment beyond his/her control, 2. That the impediment was not something he/she could have reasonably taken into account at the time of contracting, and 3. That he/she remains unable to overcome the impediment. Question seven: Is the Commission correct? Explain. Application: The commission is right by the challenge of the legislation. By offering the legislation to the financial service providers, State X has already restricted their operations which are against EU act. Facts: The EC Treaty provides that, within the EU, restrictions on the freedom to provide services and restrictions on the freedom of establishment are to be abolished. The freedom to provide services is the right of member state nationals and firms to market their services on a temporary basis throughout the EU. The right of establishment allows a member state national to settle permanently and carry on a business throughout the EU. Question eight: Are Oceanic Lines and the M/V Barelyafloat correct in their legal position? Explain. Application: Yes. The Mountain beer should have provided the Bill of lading to support the drinks that had been packaged. On the other hand it’s not the fault of the Oceanic Lines and the M/V Barelyafloat that the goods are sank before reaching Wombat but the act of crew. Facts: The Hague and Hague-Visby Rules (Article 4) exempt the carrier from liability from damages that arise from (provisions are seen to unduly favor the carrier) : Act, neglect, or default of the master, pilot, or the carrier’s servants in navigation or management Fire, unless the fault of the carrier; Perils of the sea; Act of God; Act of war; Quarantine restrictions; Strikes or lockouts; Saving or attempting to save life at sea; and Wastage in bulk or weight due to inherent defect. These exemptions are generous to the carrier and so are construed narrowly but only apply if carrier exercised due diligence. Question Nine: There are number of legal systems in the world. At the level on the global, intercontinental law is of great significance, whether established by the sovereign states practice or by accord among them in the structure of treaties and other accords. Some international entities for example, the European Union have made their own legal forms. At the state level there are over 200 sovereign countries in the United Nations Organization. Most of these are nonfederal or federal, and their component parts may well have their personal law. Laws are the official decrees that society makes for itself. They are created for several reasons: to settle disputes, to preserve a peaceful social stability, and to endorse justice (fairness) for every citizen. Some laws are formed by governments. Others are laid down by custom or religion. In a democracy, the authority to make rules is held by a part of the government known as the legislature. In the legislative compartment, politicians (normally elected to speak for the voters views) initiate fresh laws and discuss them. Owing to discussion, and compromise, they try to obtain reinforcement for a rule and arrange a vote on it. The members’ majority must commend a law before it can be put into effect. Because law-creation is section of national policies, many countries own very dissimilar laws. But there are as well several similarities. Countries that speak English around the world share notions laid down in the conventional law of Britain. Countries that speak French share sections of the law codes set down in France by King Napoleon. There are similarly international treaties that various countries treat as decrees, such as those to do with human rights. Different countries consent national stage patent claims based on "world patent purposes” (WO publications) completed under the Patent Cooperation Treaty (PCT). The World Intellectual Property Organization (WIPO) upholds a database of WO published international patent claims (likewise called PCT applications). The Patent Lens catalogue has all the WO publications for the sciences of life. Sundry of these patent uses correspond to patents that are granted later in several nations, but several are never permitted in any country. Laws vary broadly, and for decent reason. Some have to stipulate for a federal structure, certain, though unitary, comprise quite dissimilar legal systems within the one state (e.g. Britain, Canada). Some have to handle severe interior linguistics, religion, and ethnic differences, while others are drafted for a uniform population. Some are basically limited to a set of defensible rules of law, while some include manifesto-like proclamations, and display a trend to the picturesque by, for example, the implementation of a national animal (often appealing, but rarely comestible). Certain are never destined to be taken critically. A few are delimited in no given text or texts, particularly in Israel, Andorra, New Zealand and the United Kingdom. Read More