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Questions and Answers of
Business Law
Do U.S. discrimination laws apply in foreign countries?
What are choice-of-language, choice-of-forum and choice-of-law clauses?
Describe some of the events that are typically covered by a force majeure clause.
How does a simple letter of credit work?
What are the primary methods for resolving international contractual disputes?
What is the difference between expropriation and confiscation?
How does the Sherman Act affect international business?
The elimination of solicitor-client privilege would significantly undermine the integrity of the Canadian legal system. True or false? Explain your answer.
Compare party and party costs to solicitor and client costs. To whom are these costs generally awarded?
In cases involving the Internet, what are some of the factors the courts examine when they are determining if there is a real and substantial connection to a jurisdiction?
How is malice typically established by a plaintiff who sues in malicious prosecution?
Explain why the defence of volenti non fit injuria is difficult to establish.
Explain the obligations that are imposed on the producer of a product and to whom the obligation is owed.
Distinguish between business interruption insurance and fire insurance. Why might a businessperson want to have both forms of coverage?
Can you accept an offer that was made to someone else? Explain your answer.
Do parties to a contract have a duty to act honestly in the performance of their contractual obligations? Explain your answer.
What qualities must an acceptance demonstrate to be effective?
What is the general rule regarding acceptance? What is the practical result of this rule?
Discuss the role the postbox rule plays when modern communication methods are used.
What is "click-wrap"? How is an online offer to sell a software license usually accepted?
What difficulty might be faced by a person who has already agreed to do a specific job and then extracts a promise of more pay from the other party?
How does the presence of a seal affect the requirement that consideration must be present in a contract?
Distinguish between unenforceable contracts and illegal contracts.
What practical concepts does contract law use to determine if "a meeting of the minds" has happened?
Will a contract formed online with electronic signature be enforced by the courts? Why or why not?
In addition to debts incurred for necessaries, when will a minor be liable for a debt he incurred?
Explain what is meant by the term novation.
Explain how privity of contract is impacted in the concept of land transactions, agency, trusts, and assignment.
With regard to third-party beneficiaries under a contact, what direction does the law appear to be taking?
What happens when a misrepresentation becomes a term of the contract?
What approach will the courts usually take when the mistake involves disagreement about the meaning of the contract?
What must be shown for the court to conclude that money paid ought to be categorized as a deposit?
What constitutes adequate tender of performance?
What danger exists when a third party is led to believe that two people are partners, when in fact, they are not? What legal principle is applied in this situation?
What will the normal effect be on a partnership when a partner dies or becomes insolvent? How is the law of British Columbia significantly different?
What must a person do in order to qualify as a limited partner? What happens when a limited partner violates one of these qualifications?
What is the main advantage of limited liability partnerships? In light of this, what does the law require, in an attempt to protect those who suffer losses through the actions of a partner or an
Explain the nature of a joint venture, how it can be formed, and how normal partnership law applies to such a creation.
Explain what is meant by "picketing", when it can take place, and the limitations that have been placed on picketing in different jurisdictions.
How is the appropriate notice period to terminate an employment relationship determined?
Explain what constitutes passing-off and what course of action is available to the victim.
What type of protection extends to industrial designs? How is this protection obtained?
What federal statutes have been enacted to protect privacy rights?
What options are available when someone registers a domain name that conflicts with your trademark?
Explain what is meant by a landlord's obligation to ensure a tenant's "quiet enjoyment".
Explain what is meant by the term "finders keepers" in terms of who is entitled to the property that has been found.
What common law provisions protect the environment? Why is it necessary to pass federal and provincial legislation?
Describe the federal statutes in place designed to protect the environment. What are the provincial statutes in place in your jurisdiction protecting the environment?
When a project proposal is required and how is it used?
How would your recommend that businesses deal with environmental issues and regulations?
Why is it unlikely that there will not be a discharge after the bankruptcy of a corporation?
Discuss the informal options that are available to debtors who are experiencing financial difficulties.
A consolidation order under the Orderly Payment of Debts program requires the debtor to pay her debts in full. True or false? Explain your answer.
Explain why online transactions do not involve negotiable instruments. What has taken their place?
Cometals, a New York commodities trading corporation, purchased 2,000 tons of Kenyan red beans from Tarbert Trading, an English commodities trading company. The beans would be shipped from a
1. Your company, Quiet-Maid, manufactures home washers and dryers in the United States that use a patented technology to make them run virtually silent. Having been successful in the United States,
All of us understand that the law is a floor for judging our behavior, an absolute minimum standard of conduct that one must follow. Anyone doing business in a foreign country understands that he or
Two Russian film studios [the studios] granted rights to produce and distribute DVD versions of their films to multiple licensees. Each licensee received different limited exclusive rights. Krupny
Dayan received an exclusive franchise to operate McDonald's restaurants in Paris, France. The franchise agreement required that the franchise meet all quality, service, and cleanliness (QSC)
The United States contracted with Transatlantic Financing, the operator of a cargo ship, to transport wheat from Texas to Iran in 1956. The parties never agreed on the route the ship would take. Six
The plaintiff, a U.S. citizen, entered into an employment contract with the German firm of Stumm Handel, the defendant. The contract was written entirely in German. Without being able to speak or
The defendant purchased sewing machines from a Swiss manufacturer in Swiss francs. The machines were imported into the United States for sale to distributors. The contract with the distributor in
Italian law prohibits the opening of certain retail stores without first obtaining a license from the local authorities. A request for a license might be denied if it was believed that the market is
International business managers try to build trust with their foreign counterparts, whether it is a customer, supplier, or partner. How would you suggest they do this? Why is trust important to the
Pro Golf, a U.S. company, manufactured and sold golf equipment under the brand name "First Flight," which had been registered in the United States and certain other foreign countries. Pro Golf
Japan Airlines (JAL) is a Japanese air carrier based in Tokyo, with offices in California and Hawaii. The plaintiffs were employed by a Hawaiian company that contracted to perform services for JAL
During the Spanish-American War, the United States Navy seized two commercial fishing ships sailing from Havana. The unarmed ships were owned by a Spanish citizen living in Cuba and sailed under
Alvarez, a Mexican physician, was wanted by the U.S. Drug Enforcement Agency for the torture and murder of one of its agents in Mexico in 1985. When Mexico would not extradite Alvarez, the agency
Campbell, an Australian citizen, was employed in the construction of health care facilities and schools in Afghanistan. The projects were funded by a U.S. government agency that extends financial and
Friedrich Nottebohm was born in Germany in 1881. He moved to Guatemala for business reasons in 1905 and lived there until 1943, except for business trips and visits to his brother in Liechtenstein.
This case illustrates a classic case of the conflict between Islamic law and modern business. In 1991, the Federal Shariah Court of Pakistan declared the payment of interest (riba) by banks on loans
Bellaizac-Hurtado and others were arrested in Panama for drug trafficking aboard a Panamanian-flagged vessel in Panamanian waters. They were extradited to the United States for prosecution under the
What are the different forms of criminality that are of concern to international businesses? Explain why international solutions are important. Give some examples.
Students often confuse the International Court of Justice with the International Criminal Court. What is the difference between them? Although not covered in this chapter, what is the European Court
Kiobel and other environmental activists were arrested, tortured, and executed by the Nigerian military in 1995. They had been protesting Shell's oil exploration in the Ogoni region of Nigeria. A
The defendants conspired to transport 191 Ecuadorian nationals into the United States illegally aboard a 54-foot fishing vessel. A U.S. Navy helicopter sighted the overcrowded vessel off the
1. You are a vice president of a multinational corporation headquartered in North America. You are asked to visit Latin America to meet with government officials to consider a location for a new
We have considered many subjects in this chapter that raise ethical issues-human rights law, international criminal law, international labor standards, bribery and corruption, and others. Here are
Alberto-Culver Co., a Delaware corporation with its principal office in Illinois, manufactured toiletries and hair products in the United States and abroad. In February 1969, Alberto-Culver signed a
Asahi Metal Industry, a Japanese corporation, manufactured valve assemblies in Japan and sold them to tire manufacturers including Cheng Shin (a Taiwanese corporation) from 1978 to 1982. Cheng Shin
Plaintiffs Ayah and Rania Elayyan (the Elayyans) are residents of Indiana. Defendant Sol Melia is a Spanish corporation with its principal place of business in Palma de Mallorca, Spain. Sol Melia
Plaintiffs Bruce and Renee Fallhowe (the Fallhowes) are residents of Colorado. Hilton Worldwide, Inc. (Hilton) is a Virginia corporation that owns the Hilton Los Cabos in Cabo San Lucas, Mexico. The
In 1967, Zapata, a Houston-based corporation, entered into a contract with Unterweser, a German corporation, to tow Zapata's drilling rig from Louisiana to Ravenna, Italy. The contract the parties
Juliette Shulof Furs (JSF) is a New York corporation that has been in the fur-dealing business for fifteen years. George Shulof, an officer of JSF, attended two auctions conducted by Finnish Fur
Naoko Ohno, a Japanese citizen, obtained a $1.2 million tort judgment against the Saints of Glory Church, a California corporation, and its pastor Yuko Yasuma, a California resident, in Tokyo
Nicastro was severely injured at his workplace in New Jersey by an industrial metal shearing machine manufactured by J. McIntyre Machinery, Ltd., an English company. Nicastro filed a product
Seung was a passenger on the M/S Paul Gauguin cruise ship owned by Regent Seven Seas Cruises. The cruise ship operated exclusively in French Polynesia. Seung's ticket contained a forum selection
The Uniform Foreign Money Judgments Recognition Act of 1962 and the Uniform Foreign-Country Money Judgments Recognition Act of 2005 do not mention any requirement of reciprocity. However, several
Michael Ghannoum, a resident of Texas, was hired to work as a pilot for Qatar Airways. Qatar Airways is entirely owned by the government of Qatar. Ghannoum's employment was based in Qatar, where he
Pebble Beach Company (Pebble Beach) is a well-known golf course and resort located in Monterey County, California. The golf resort has used "Pebble Beach" as its trade name since 1956. Pebble Beach
1. You are CEO of a large publicly traded company. You are negotiating several contracts with foreign governments in Vietnam, India, and Brazil to provide hardware and software to government
The Bhopal disaster litigation presented the anomaly of Indian plaintiffs seeking to maintain their lawsuit in the United States on the basis of the inadequacy of the Indian legal system, while a
Plaintiff It's Intoxicating Inc. is a Pennsylvania corporation that manufactures and distributes cosmetic products to various retailers. Defendant Maritim Hotelgesellschaft is a German company which
Solae, a U.S. limited liability company with its principal place of business in St. Louis, Missouri, had sold soy lecithin to Hershey Canada, Inc., a Canadian corporation with its primary place of
Chicago Prime Packers, Inc., was a Colorado corporation with its principal place of business in Avon, Colorado. Northam Food Trading Company was a Canadian corporation with its principal place of
Plaintiff Tandrin Aviation Holdings Ltd. (Tandrin) agreed to sell a Bombardier executive jet aircraft to Aero Toy Store, L.L.C. (ATS) for U.S. $31.75 million. ATS paid a U.S. $3 million deposit to an
Shantou Real Lingerie Manufacturing Company (Shantou) is incorporated in China. Shantou manufactures and exports garments to the United States. Native Group International, Inc. (Native), is a
In May 2009, Hanwha submitted a bid for the purchase of 1,000 metric tons of the petrochemical Toluene at $640 per metric ton. Cedar accepted the bid and followed up its acceptance by sending Hanwha,
Mrs. Clark's Foods (Clark's) was an Iowa corporation engaged in the business of labeling and distributing juices. Clark's purchased apple juice concentrate in April 2011 from International Suntrade,
A U.S. software manufacturer sold software for processing credit card charges to a U.S. limited liability company that was a wholly owned subsidiary of a German corporation. The software did not
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