...On the other hand, International Convention, in a general or a specific view in relation to civil and commercial matter are enacted by States in order to uniform and harmonize body of rules applicable to international commercial litigation. For example, Lugano convention harmonized rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system translates a pragmatism to resolve disputes related to civil and commercial matters. Moreover, certain procedures in the common law system will provide flexibility that economics and commercials actors need in order to conduct their businesses. On the other hand, parties can agree on competence...
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...Development of Commercial Space Law MG261 Business Law II John S. Leonard Park University Abstract The commercialization of space progressed at a very slow and easily managed pace for the first four decades after humanity’s emergence into space. Now with the increased interests in space by private sector entities the factor of control has been altered to a point that must be addressed. The radical shift from government based exploration to private sector exploration and development of space based technologies can be attributed to the change in policies by the most influential nations that operate within outer space. The promotion of private industry by the United States of America since the political party lead by President Obama took charge of the government has opened the door for funding and ease of accessibility into outer space. With the potential for profit high, the number of private entities to develop space exploration and exploitation technologies will continue to grow and with this increase comes a need to overview to current space law in order to ensure that it is being implemented accordingly or if it needs to be restructured. The Development of Commercial Space Law Law is defined as, “the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision” (Law). The laws that are established...
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...Introduction The following case study provides an analysis of central idea of consideration and when the contract is enforceable because the agreement lacks consideration. In addition, discussion of multiple sources of law such as common law and the Uniform Commercial Code will summarize the difference between those sources and help to determine which one is applicable in the reviewed case study. Case Study As a recap of the facts, Jinsoo Kim invested about $170,000 into two companies part-owned and operated by Stephen Son who was not personally liable for the debts of the companies because of their corporate status. The companies eventually went out of business causing Kim to lose his investment. This fact made Son feel guilty who signed a contract in blood in Kim’s presence stating that all debts would be repaid back to Kim in exchange for Kim’s agreement not to sue Son for the money owed. At a later time, Son refused to pay Kim back and Kim sued Son to enforce the contract. The outcome of the lawsuit was that the contract was not endorsable because there had been no consideration (Beatty, Samuelson & Bredeson, 2008). To determine a presence of consideration, we need to remember that “contracts must be a two-way street” (Beatty, Samuelson & Bredeson, 2008, p. 163). Therefore, we need to review the following three rules of consideration: 1) Both parties must gain something valuable from the contract; 2) there should be a promise to give something valuable; 3) both parties...
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...used every year in the US for scientific and commercial research. They are used for many different things such as medical developments, the safety of products, and many other health care and cosmetic uses. While there are some laws in place that prevent the abuse of animals in these testing laboratories, many of these test subjects face cruel and inhumane treatment. There are alternative and equally effective ways to study and conduct research for such treatments, and although there have been proven benefits to some of the research conducted on these defenseless animals, the harsh effects of the experiments should not be overlooked or ignored. Animals are put through excruciating pain and usually given no anesthesia or relief during many of the test experiments performed in these laboratories. They are often forced to ingest and inhale deadly concoctions to study whether or not it would be safe for human consumption. It is also not uncommon for them to be deprived of food and water for prolonged periods of time. Animal test subjects are also being intentionally injured to study the healing process and the effects of pain and remedies of such, and sometimes purposely killed. A common test performed is the LD50, or lethal dose 50. This test involves giving animal large doses of chemicals to find out how much will kill 50% of the subjects being used. Another test conducted by cosmetic companies is the Draize eye test. This test studies the irritation caused by their products to...
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...Case Study 1 Kala Bontrager September 14, 2013 AC502:01 Regulation Professor Elaine Lerner In the case between Kim and Son, there is a large deal of consideration that must be made before one can determine who will win the case. Consideration is a means of a legit contract. In Introduction to Business Law, Beatty and Samuelson explain that a contract must benefit both parties, either by promise made to give something of value or by a bargain to both parties being made. This specific case, based on the rules of consideration, does reflect an adequate contract made by both Kim and Son. Between both Kim and Son, there was an agreement made on sides that are beneficial to all parties, a statement (no promise said), and the terms of each side of the deal and there are benefits/bargains to both parties a result of the lawsuit. Both Kim and Son have agreed to a part of the contract. Son offered to pay back what was lost to the best of his ability and Kim in return, said he would not sue. In this particular case though, it has been concluded that neither Kim nor Son fulfilled their end of the contract. Because of this it would mean that the contract was non-existent. Kim promised not to sue and he has, just as Son stated he would repay to the best of his ability, and he ended up not paying anything. One thing to consider is maybe it wasn’t Son’s ability to pay, resulting in why he couldn’t fulfill his end of the contract. Does this mean he broke the contract, if he did state...
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...Inc. In the case of John Leonard vs. PepsiCo, Leonard wanted to purchase the Harrier jet plane that was advertised in the PepsiCo commercial he had watched. The commercial stated that customers whom obtained $7 million Pepsi points can purchase the Harrier jet plane. Leonard purchased a PepsiCo catalog and noticed that the order form did not include the Harrier jet. Leonard then began the process needed to make his purchase from PepsiCo. The legal issue before the court is whether or not Pepsi made a legitimate offer of a Harrier Jet in return for $7 million Pepsi Points to anyone who viewed the commercial. Being logical it would have seemed that not everyone really believed that a Harrier jet could be purchased. PepsiCo had begun to dig deeper into their previous advertisements and the laws that followed behind them. Once Leonard did his order, PepsiCo rejected his submission and returned the check in the amount of $700,008.50. PepsiCo apologized to Mr. Leonard for any misunderstanding and misleading information the commercial may have caused. The commercial was intended to be humorous and entertaining for promotion purposes for the Pepsi products. Leonard received a letter stating “The item that you have requested is not part of the Pepsi stuff collection. It is not included in the catalogue or on the order form, and only catalogue merchandise can be redeemed under this program” (Court, 1995). The courts made the decision that this case had no objective...
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...in the state of Idaho do to combat domestic minor sex-trafficking. The purpose of this research study is to explore the ideology of different research studies that explain and identify effective strategies to prevent domestic minor-sex trafficking in neighborhoods and communities. Sex-trafficking is a social problem because, “the crime of people trafficking is an assault on human rights” (Heredia, 2008, p. 399). The issue of Fighting against sex-trafficking was addressed at the UN convention when a protocol was set to tackle the problems of sex-trafficking. There are strategies and interventions used by international and national human service agencies to assist the sex-trafficking victims. Shared Hope International and partner non-profit organizations stated the importance of protecting the victims, preventing the crime and prosecuting the perpetrators, and also have decided to act upon the problem (Shared Hope International, 2009). Further in the study, the researcher will provide detailed analysis of the strategies used by the human service agencies to aid the victims of trafficking. These strategies will include training law enforcement to investigate human trafficking cases, improving communication between the human service agencies and law enforcement, and enhancing the scope of research. Strategies and Implementation Identifying victims of trafficking Relevant studies have been found to identify both the present and historical problems that surround domestic minor...
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...publications. Statistics should not be so presented as to exaggerate the validity of advertising claims. Scientific terms should not be used to falsely ascribe scientific validity to advertising claims. (International Charter, 2012) The FTC’s standards and EAS-405 are clearly aligned. This suggests that ethical principles in regards to advertising in both the United States and the international community are virtually the same. Commercial Speech and the First Amendment The First Amendment of the United States Constitution stipulates: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press […]”. (Cornell University Law School, n.d.) The First Amendment protects the freedom of expression: the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. (Cornell University Law School,...
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... In September 2009, I was elected Academic Affairs Officer to represent the academic interests of students on the college's JCR Executive Committee. In working to improve academic welfare, I have successfully negotiated with college authorities to change disciplinary procedures, as well as implementing a pioneering system of academic feedback. This experience taught me how to find accord on sensitive issues without alienating opponents. I have also organised Open Days and helped to organise Freshers’ Week. Working in a committee and supporting other team members by researching legal issues, for example, has been particularly rewarding. I currently serve as the elected Treasurer of the Eldon Law Society. In this role, I have negotiated sponsorship agreements worth £1,500 with law firms and managed the society’s finances, as well as working with the President to organise several events. My pastimes include debating (I was the President of the Debating Society at school) and...
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...The Uniform Commercial Code (UCC) is a "code" or a "collection of statutes." This is the type of law that may be adopted by all U.S. legislatures, including the U.S. Congress, the Virginia General Assembly, other state legislatures, and even a county board of supervisors. Codes are intended by the legislature to create new law in the targeted subject areas. The other source of law is "case law" or "common law." For centuries, courts have been in the business of resolving disputes. The "Uniform Commercial Code" is a model. It is not law in any state unless and until a state legislature adopts it as the law of that state. Any state can decide not to adopt the UCC or can decide to make revisions to the code that satisfies that state’s particular heritage or commercial needs. Also, each state’s court system can reach different results when interpreting the code provisions. Accordingly, the UCC is not entirely uniform in all 50 states and despite this the UCC has facilitated much greater uniformity of commercial laws. The Uniform Commercial Code Article 2 on the Sale of Goods is basically a codification of existing commercial law. The UCC drafters tried to write down the generally understood business practices between merchants for the sale of goods. The UCC "fills in the gaps.” Types of contracts covered by the UCC The UCC concerns a wide variety of commercial issues, including: the sale of goods; the lease of goods; banking and security interests such as commercial paper negotiable...
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...A Look at Human Trafficking Nicole Kohrmann Liberty University Abstract There is a world full of passionate people that want to bring awareness to human trafficking. Human trafficking exists on a global level affecting many men, women and children, in a variety of countries. Although there are some case studies available that involve this criminal activity, the lack of recorded data complicates the continued progress forward on the awareness of the real existence of human trafficking. The lack of data has a lot to do with the covert nature of human trafficking and the hidden activity that it is. The government will need to continue to amend the laws that are already in place, in order to prevent and catch traffickers before they reach their victims. Strong training for our law enforcement, our healthcare providers and any other agencies that may be involved also needs to be put in place. Continuing to create awareness will bring human trafficking to the surface for a difference to be made in the lives of the victims. Introduction On a global level human trafficking is an issue that continues to gain increasing awareness, as agencies in human services, law enforcement and health care professionals become more involved and aware of the problem. Human trafficking, according to the United Nations convention, is defined as; “the recruitment, transportation, transfer harboring, or receipt of persons, by means of the threat or use of force or other forms of coercion, of...
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...SCHOOL OF LAW Assessment on the Effect of Filming Activities on public and individual level in Gondar Town Prepared by: Name ID no 1. Ethiopia Getachew------------------------------------------------3446/03 2. Berhe Gessesew---------------------------------------------------3441/03 3. Heyredin Ahmedin------------------------------------------------3460/03 4. Kirubel Fikre------------------------------------------------------3448/03 5. Kassahun Zeleke---------------------------------------------------3446/03 6. Petros Dea----------------------------------------------------------3489/03 7. Goitom Birhane----------------------------------------------------3454/03 8. Abinet Kumsa-------------------------------------------------------3446/03 9. Wubetu Melkamu--------------------------------------------------3501/03 Submitted to: Ins. Muluken G. Submission date: May, 2/2013 Acknowledgment Our first and foremost gratitude is forwarded to the respondents who deliver us their kind support in filling the questionnaires and to respond for our causal interview as the responses they provide determine the analysis & conclusion of the research. We would also like to offer our heart full thanks to our Instructors, of legislative drafting Ato mulken who make us to study on this area Finally our thanks goes to the secretary who, prepared this final report paper. ...
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...----------------Case study 1a Augustine and Christina------------------------------------------1b Augustine and Florence------------------------------------------Case study 2a Richmond consultancy business---------------------------------Case study 3 Catherine and Daniel---------------------------------------------Case study 4a Telephones supplied cannot be modified--------------------4b Telephones supplied can be modified-------------------------Case study 5 Grace and Office Supplies Ltd-------------------------------------Case study 6 Alfred and George------------------------------------------------------Case study 7a Test for a Tortfeasor as an Employee------------------------------7b Test to determine if employee’s act was during employment-Case study 8a Mary and Barnett Hospital-----------------------------------------8b Mary and Joe---------------------------------------------------------8c Mary and Thomas--------------------------------------------------Conclusion---------------------------------------------------------------Reference/Bibliography------------------------------------------------ Pages Executive summary [Type text] Page 2 This report is made of eight sections (case studies)-case study one deals with offer and acceptance, invitation to treat, counter offer as regarding a contract. Case study two is about principles of part payment under consideration, the exceptions for the rule and principle of promissory estopple . Case study three deals on intention...
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...Journal of International Commercial Law and Technology Vol.2,Issue 1(2007) The Postal Acceptance Rule in the Digital Age∗ Dr. Marwan Al Ibrahim Asst. Professor in commercial and Company law, Amman Arab University for graduate studies – Jordan Dr.Ala’eldin Ababneh Assistant Professor in Private Law at Amman Arab University for Graduate Studies-Jordan. Mr. Hisham Tahat PHD student, University of Aberdeen Abstract: This article examines the application of the postal acceptance rule to email acceptances. Different views have been argued against the application of traditional rule like the postal acceptance rule, which was established in 1818 as a legal norm in contract formation to modern communications like the email. The paper presents the arguments and rationale behind the application of this rule and contends its applicability to the modern communication via e-mail. The paper posits that email is not an instantaneous method of communication, but can be viewed as a digital version of the normal post and thus the postal acceptance rule should apply to this kind of contracting. Keywords: E-commerce, Email, Contract law, Conclusion of Contract, Postal Acceptance Rule. 1. Introduction The conclusion of distance contracts has been one of the controversial issues in the law of contract formation. It raises some question marks, especially with regard to the type of rules that should govern the timing of contract formation. More specifically, a strong debate has been...
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...CHAPTER ONE 2 1.0 INTRODUCTION 2 1.1 Background of the Study 2 1.2 Problem Statement 5 1.3 Research Problem 6 1.4 Specific Objective 7 1.5 Importance of the Study 7 1.6 Scope of the Study 8 1.7 Definition of Terms 8 1.8 Chapter Summary 9 CHAPTER TWO………………………………………………………………………………………………….10 2.0 LITERATURE REVIEW 10 2.1 Introduction 10 2.2 Theoretical Framework 10 2.3 Theory of Unclaimed Assets 13 2.4 Regulations of Unclaimed Financial Assets and Performance of Organizations 14 2.5 Chapter Summary 17 CHAPTER THREE 18 3.0 RESEARCH METHODOLOGY 18 3.1 Introduction 18 3.2 Research Design 18 3.3 Population of the Study 18 3.4 Data Collection 19 3.5 The Research Procedures 19 3.6 Data Analysis 19 3.7 Chapter Summary 20 REFERENCES: 21 CHAPTER ONE 1.0 INTRODUCTION 1.1 Background of the Study Andreoli and Osibodu (2004) generally defined unclaimed property as a liability a company owes to an individual or entity when a debt or obligation remains outstanding after a specified period of time. According to Ministry of Finance (2008) quite a number of billions are held by financial institutions as unclaimed is circulating in the financial system to earn interest. On September 11th 2015 Unclaimed Financial Assets Authority (UFAA) reported to have collected 3.3billion shillings largely from banks (UFAA, 2015). Ministry of finance report (2008) showed that overall universe of unclaimed financial assets in the financial system, the corporate...
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