Is the doctrine of consideration adequate to modern business?
Essay - 2 pages - Business law
The doctrine of consideration is one of the most established rules within the common law of contract. It saw the light during the early stages of the English contract law of the Middle Ages. At first, contracts were established under the word of honor, but this soon became a problem since there...
Three Case Studies of Business Law
Essay - 7 pages - Business law
In the first situation, we can identify three main issues. First of all, the order arrived a few days late. Then the Buyer asserts that the MP3 Players were damaged by moisture by the ship's hull. These two problems are linked to each other: the Buyers wants us to cut the sell price from...
International Business Law: Three cases
Essay - 6 pages - Business law
This paper talks about a buyer, located in Miami, who ordered 2,500 cell-phones from company for a total amount of $150,000 (including the shipping charge). But there were several problems with this order: the order was delayed and the phones were damaged by moisture during shipping. One of the...
International Business Law
Essay - 10 pages - Business law
A buyer, who had previously ordered phones from a Company, recently ordered a batch of 2,500 phones from it at the price of 40/unit, for a total of 100,000, plus a fixed 500 shipping charge, for delivery to "CIF Miami." At the Buyer's request, the phones have the Buyer's logo printed on...
There is no sense in maintaining different rules for tracing at law and in equity. One set of tracing rules is enough
Essay - 3 pages - Business law
In the administration of a trust, the trustee is the one that assumes a range of duties and responsibilities. When a breach of trust occurs, the trustee might be liable for both acts of omission and commission. There are several ways a beneficiary can pursue remedies for a breach of duty on the...
Cool Phone's Case Analysis
Essay - 6 pages - Business law
This study involves a scenario where you are the vice-president of a 75-person company ("Company") in the fictional French-speaking country of Euphoria, whose capital is Anytown, whose legal system closely resembles that of France's, and which is party to the CISG. The company designs and...
International business law, allied tows, inc. in Utopia
Essay - 15 pages - Business law
As a potential multinational firm, Allied Toys wants to implement a business development strategy in a predetermined country, in order to see if this model could be applicable as a 'worldwide development strategy'. The fact is that the Republic of Utopia is a country where setting up a...
The U.S. and Bilateral Investment Treaties
Essay - 2 pages - Business law
The number of Bilateral Investment Treaties or BITs has grown dramatically during the last few decades. They are presented as an important tool of FDI and a key factor contributing to foster economic growth and development. As underlined in the paper, BITs have become the major tool for the...
NAFTA Dispute Settlement
Essay - 2 pages - Business law
This paper illustrates the tensions inherent to the North American Free Trade Agreement or NAFTA dispute settlement mechanism. They also underline the difficulties encountered to establish a proper balance between two legitimate and contradictory interests, namely the protection of investors'...
Customary International Law and FDI
Essay - 2 pages - Business law
The notions of expropriation and of its compensation are at the heart of every discussion pertaining to Foreign Direct Investment (FDI). In fact, one might argue that these notions, among others, reflect the complex nature inherent to the FDI mechanism. The complexity lies in the fact that the...
NAFTA's Chapter Eleven and Fair and Equitable Treatment
Essay - 2 pages - Business law
The interpretation of Article 1105 of the North American Free Trade Agreement or the NAFTA has generated and will generate many controversies regarding the meaning of its first paragraph. Given this provision's open language, the controversies and doubts are understandable. According to Meg...
Umbrella Clauses and Transfers
Essay - 2 pages - Business law
An umbrella clause generally reads as follows: "each party shall observe any obligation arising from a particular commitment it may have entered into with regard to a specific investment". We can infer from this statement that the aim of this clause is to protect any specific commitments by...
Forum-shopping and Amicus
Essay - 2 pages - Business law
The article by Professor's Bjorklund article underlines the complexity encountered by parties with respect to international investment litigation. The factors pertaining to this complexity are multiple and exist at virtually every stage in an investment operation. Among these factors of...
NAFTA's Chapter Eleven and Non-Discriminatory Treatment
Essay - 2 pages - Business law
One of the first and foremost agreements which has been driven by policy considerations is the NAFTA agreement. This agreement was especially created so that three important countries in the world (US, Mexico and Canada) would benefit economically. On clearly assessing this agreement, a layman...
The future of Investment Regulation
Essay - 2 pages - Business law
An attempt was made to terminate the introduction of one general text relating to the regulation of the FDI. In other words, the cancellation of the draft text pertaining to the Multilateral Agreement on Investment ("MAI") which was elaborated through the patronage of the Organization of...
Unfair Terms in contract
Essay - 5 pages - Business law
Seller Ltd ("Seller?) is a manufacturer and seller of lifting equipment. Buyer Ltd, ("Buyer?), provides heavy goods vehicle servicing. On 1 July 2006 Buyer requested a copy of Seller's brochure and this was sent by post and received by Buyer on 3 July 2006. Tom, a representative of Buyer...
Civil justice in China
Essay - 5 pages - Business law
To fully understand the concept of civil justice, one must look at its origins from many different angles, including that of the historical perspective. When investigating the historical approach of civil justice and the law, it makes sense to compare and contrast different nations and their...
Company law
Essay - 5 pages - Business law
From Star Limited's perspective, the central issue is whether it can enforce the restraint of trade clause against Ramon notwithstanding the fact that he is using his company Equip Limited to solicit Star Limited's customers. Before considering whether the clause can be enforced against Ramon...
What scholars have noted about property as a social construct mitigating human interactions that transcend legal and economic discourse
Essay - 5 pages - Business law
A.I. Hallowell (1943: 119) once stated that, “Property as a social institution implies a system of relations between individuals. Like other social institutions, it involves rights, duties, powers, privileges, forbearances, etc, of certain kinds.” While this view of property has been...
Implication of federal trademark dilution act to U.S. Business
Essay - 4 pages - Business law
Intellectual property has become a global concern in these last few decades due to the increased trade brought about by the internet. In an article posted at Focus, Field (2006) reported that in the United States alone, for example, studies in the past decade have estimated that over 50 percent...
Sounds a-like but not quite: Is the trademark infringed?
Essay - 5 pages - Business law
The capital is already at hand, the plan has been laid out and the place is just perfect. Most importantly, you just came up with an imaginative name that could spark up the business venture you've been envisioning for so long. But no matter how much thought has been put forth to produce such...
