International Business Law : three cases

Extraits

[...] A request for repair must be made either in conjunction with notice given under article 39 or within a reasonable time thereafter”, which means that instead of sending back the goods, the buyer should have spoken with the seller first to reach an agreement (for example a reparation, substitute phones ) . In the situation it is said that the phones not only arrived late but also appear to be damaged does it mean that the buyer did not inspected the products properly? The fact that he is asking for a little discount reinforce this point. But it is in his right to get a reduction because the goods are not conformed to the contract. [...]

[...] It should be sent each two weeks. Concerning the junior associate it may not be necessary or the lawyer should introduce him to Company and show its abilities The clause that is perhaps least-often discussed during the negotiation of a contract but that may, more often than not, determine the outcome of any litigation before it even starts is a choice of law clause The primary advantage of incorporation is its stockholders limited liability; the primary disadvantage is the possibility of double taxation Directors of a company owe a fiduciary duty to the company, but the limited partnership ensures that their decisions will not be second-guessed by the courts in the absence of fraud, illegality, or a conflict of interest The key determinant of whether someone who works for you is your employee as opposed to an independent contractor is the degree of control of conduct or manner When a principal has not actually authorized an agent to do something but says or does something to a third party that leads the third party to believe the agent has been authorized to do that thing, the agent is said to have implied authority In order to prove discrimination in employment based on race or gender, sometimes a discriminatory intent is unnecessary where a practice can be shown to have a disparate impact A party who is ready to perform under a contract but who learns from the other party that he (the other party) will not make payment under the contract is under a duty to compensate his damages The fundamental interest that contracting parties seek to have fulfilled (and perhaps the biggest determinant of happiness in life) is their delimited liabilities A patent protects new inventions; a copyright protects artistic creation; and a trademark protects particular word/term or logo In claims for negligence, the main issue in establishing whether a person's act or omission was the legal cause of another's injuries is whether the harm was intentional Price-fixing is an example of Per se illegal antitrust conduct; other anti-competitive business practices are evaluated using a balancing test When the parties have agreed to try to have a neutral person help them negotiate a resolution of their dispute outside of court, that process is known as arbitration The standard for whether a court in one country will be able to exercise personal jurisdiction over a person and thus be able to compel him or her to obey its orders depends on whether jus cogens and treaty interpretation Perhaps the greatest but most under-utilized advantage of arbitration is that, in terms of how a future dispute is going to be resolved, it allows the parties to specify open-ended issues in advance. [...]

[...] It is not mentioned if there is a written agreement or any other legal documents (like invoice), so we don't know if there any clause that provides late delivery penalties and if Company has to pay penalties. We can refer to the Article 11 of the CISG, which says contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirement as to form. It may be proved by any means, including witnesses”. Moreover, we don't know how long the delay is. [...]

[...] Arbitration is when a neutral third party actually decides a case as if he were a judge and jury. The best solution for Company is to propose to ChinaCo to use the French legal system, maybe they should use English as a language because Chinese are more about to understand English and the advantages to alternative dispute resolution would be that the matter is resolved quickly, the result may not be appealed, it does not work like a court, it is private and does not cost a lot of money. [...]

[...] If it is not included and that ChinaCo uses company's technology, it will be difficult for Company to sue them and prove it. However, companies have rights and duties in foreign countries. These rights and obligations are increasingly important in the context of the international laws governing intellectual property. A firm can take advantage of world markets by licensing foreign companies to manufacture a patented product. A firm might seek parallel patents in each of the countries that maintain a patent system. Furthermore, the majority of patent right are not determined through litigation, but are resolved privately through patent licensing. [...]