In this assignment, we analyze and try to build some solutions for a typical business law case. In the general context, let us assume we are a 75-person company called "Company" in the fictional French-speaking country of Euphoria, whose capital is Anytown, and which has a legal system closely resembling that of France. It is a party to the Cyber Infrastructure Specialty Group or CISG. Company designs and sells a newly-invented mobile phone, the CoolPhone that can be worn on the user's wrist by means of an ordinary watch strap and uses a wireless earpiece. One of the managers who learned that we studied International Business Law at ISEG, asks us to help them handle the following three situations.
[...] Annette would be effectively fired because of her decision, but Company has doubt about her integrity. Does Annette would candidate to competitors in order to made profit of her experience in our company and to get her revenge of her dismissal? The question to ask ourselves is that does Annette can go to the competition. Eunice should look at Annette contract and checked if a clause of non-competition has been included. The non-competition clause is highly used in today's contract and especially in the technology and research industry in order to keep confidential patents, and work conditions. [...]
[...] If negligence has occurred, the consumer and/or the buyer might want to pursue Company in order to get compensation for damages caused, highly seen in USA. In other words, Company has to check its emission of electronic waves that comes from its CoolPhone and if a fault had occurred, Company must try to deal with the consumer to offer him compensation without pursuing to court. And Company has also to call its CoolPhones back in order to check if such fault has not occurred on other products. [...]
[...] In this kind of typical business trade case, we have three main law situations that we have to throw light on. Effectively, the first one is the delay and liquidated damages' claim situation The two contributors of this situation are our company, represented as the provider of goods, and the buyer, which buy us goods. After previous deals and trade affair that went well between Company and the buyer, the buyer makes a complaint to Company because of unexpected delays. [...]
[...] The Court had held conditions and limitations in order to frame this clause: the company that wants to apply this clause has to have to protect its knowledge and its special know-how from the competition; the clause is not free and must have a compensation for the employee that agree to be limited in time and space; and finally the clause has also to permit the employee to be as wider as possible in order to let the employee find another job outside with his skills. Thus, because our industry is the mobile phone industry, Company has to protect itself from competition and has to have included non-compete clause. So I hope that Company has established a strong contract with Annette that limited its responsibilities and that included this clause. In the near future, Company has to also include this clause in Brenda's contract. [...]
[...] This last one would offer a more extended expertise but would be consulted occasionally only. [...]
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