...Causes a. Illiteracy and low level of education 1. ↓Level of education →↑risk of exploitation (Núnez & Livanos,2010) 2. Illiteracy →easier to accept exploitation (Chan,2004) 3. ↓Knowledge of laws→inability to protect themselves from exploitation (Lenard & Straehle, 2010) b. Poor labor legislation 1. Host countries restrict immigration →immigration laws unfavorable to immigrant workers (Misra, 2007) → ↑exploitation 2. Loopholes in law → being taken advantage of by employers (Gomberg-Munoz & Nussbaum-Barberena, 2011) 3. Flexible labor market → insufficient restriction (Miller, 2012) B. Solutions a. Education 1. ↑Educational level (e.g. Italy, Fullin & Reyneri ,2011) ↘ 2. ↑Practical skills → less exploitation of workers 3. ↑ Knowledge about labor laws (Zhang,2010) ↗ b. Developing labor laws and policies 1. Immigration laws and policies → more migrant-based (Misra ,2007) 2. Reasonable wages and working condition + more pressure on employers (Pines & Meyer, 2005). 3. ↓Loopholes of laws → protect workers’ rights III. Conclusion low education ↑level of education causes →↑exploitation + solutions →↓exploitation (future)...
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...A conflict occurs in commercial law when the rights of some people are heavier or regarded more important than that of others, principles of commercial law may take a different course. Decisions made by the judges will be in favor of one group that is a disadvantage to the other. In the case, St Albans City and District Council v International Computers Ltd the issue of limitation of liability was brought into question testing the extent that limitation can be granted.” The computer software company was at a loss as the judge summed up saying the loss falls on the computer company and not the citizens. His decision was protective of one party even though the law was not clear on the decision against International Computer Ltd ICL. The company’s software failed and did cost the council a lot, therefore, an argument of breach of contract and the argument that limitation of liability was unreasonable if the Unfair Contract Terms Act 1977 was used. The judge favored the taxpayers saving them from a burden of heavy taxes. Such a case creates a situation of conflict between the principles and the law as there was no clear indication of the software’s stance as a good or service. For example, some transactions may have taken place in circumstances that are not clearly a business and some parties may try to defend themselves with that fact. For example, in the case Stevenson v Rogers,” the defendant tried to argue that his sail of a boat to the plaintiff was not in the course of his...
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...Uniform Commercial Code: Article 2 Sales Transactions over the Internet Introduction The Uniform Commercial Code (UCC) generally refers to the main set of regulations and laws that were primarily established to harmonize and standardize sales and commercial transactions in the United States. The primary reason for standardizing the state laws regarding the conduct of sale and transactions is that, often in today’s society, those transactions and sales tend to extend beyond the jurisdiction of a given state. For instance, a particular product may be manufactured in California, warehoused in Arizona, sold in Texas and delivered in Michigan. Consequently, the use of the UCC has not only ensured uniformity of the state laws regulating commercial transactions but has also allowed the states to achieve the necessary flexibility required to meet their local transaction demands (Benjamin and Jane,1998). The history of the UCC dates back to the 1940s when top American legal scholars began to draft a uniform law regulating commercial transactions that was intended to be adopted into the code of statutes of all of the states in America. Although the content of the UCC is generally the same in all the states that have adopted it, some states have however undertaken minimal structural adjustments to conform to the local state customs. The implementation of the UCC has enabled people from various states to freely make their commercial contracts without the different terms and conditions...
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...Civil Law Systems. P1 House of Lords- Is the higher level of the parliament, in the United Kingdom. Also new bills can be introduced here. House of Lords- Is the higher level of the parliament, in the United Kingdom. Also new bills can be introduced here. Appeal Tribunals- This is where the cases that have already been sentenced by different court or committee are reconsidered. Appeal Tribunals- This is where the cases that have already been sentenced by different court or committee are reconsidered. Appeal with Leave. Appeal with Leave. Appeal with Leave. Appeal with Leave. Appeal with Leave- Appeal with leave is when the verdict on a case has not been made fair, then after they can make an appeal for the case to have different judgement. Appeal with Leave- Appeal with leave is when the verdict on a case has not been made fair, then after they can make an appeal for the case to have different judgement. Chancery Division- Chancery division is part of the High Court of Justice, this division deals with; business law, land law and other business related cases. Chancery Division- Chancery division is part of the High Court of Justice, this division deals with; business law, land law and other business related cases. Commercial Court- Commercial courts, is part of the High Court of Justice, which was established in 2004. This court deals with business disputes, national and internationally. Commercial Court- Commercial courts, is part of the High Court of...
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...Case Brief Ashleigh Diehl MANGT 525 Commercial Law and Project Procurement Professor William H Volz Case Name: Jones v Star Credit Corp Court Delivering Opinion: Supreme Court, Special Term, Nassau County Citation No. 59 Misc 2d 189 (1969) Facts: On August 31st, 1965, the Jones’ (welfare recipients) purchased a home freezer unit from a Shop at Home Services, Inc representative for the price of $900. After taxes and time credit charges, credit life insurance, and credit property insurance were added to the price, the total came to $1234.80. At the time of the trial, the Jones’ had paid $619.88 and still owed $819.81. The retail price of the freezer was also determined at trial to be $300. The defendant argues that the contract on June 15th, 1966 is a financing contract and not a sales contract. The finance agreement states” Refinance of Freezer A/x #6766 and Food A/c #56788”. This agreement requests for refinancing and signed by the seller (Star Credit Corp) and purchaser (Jones’) The June 15th, 1966 contract is exactly the same as the original Aug 31st, 1965 contract and constitutes a novation and replacement of the original contract. Plaintiff/Appellant’s Contention [Clifton Jones et al.]: That they have amply compensated the defendant for the purchase of the freezer unit. Defendant/Appellee’s Contention [Star Credit Corp.]: That the June 15th, 1966 contract was a financing agreement and not a sales contract. Issue: Was the plaintiff taken...
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...Pamela Lisk LS311- 02 Business Law Professor Jeffrey Gulley, J.D. March 24, 2015 Kaplan University 1. Discuss the elements of impossibility of performance and the three situations where this defense can be used. 2. Discuss commercial impracticability and its application to this case. 1. Any breach entitles the non-breaching party to sue for damages, but only a material breach discharges the non-breaching party from the contract. The policy underlying these rules is that contracts should go forward when only minor problems occur, but contracts should be terminated if major problems arise (pg. 233). Objective impossibility is when someone or something prevents the contract from being fulfilled, rather than the promisor being unable to complete the contract. There are three basic situations that will qualify for contractual discharge under objective impossibility. Those conditions are: * When a party whose personal performance is essential to the completion of the contract dies or becomes incapacitated prior to performance. Millie, was able to plant the crops, therefore she was able to perform. * When the specific subject matter of the contract is destroyed. The drought destroyed or inhibited the growth of the crops. * When a change in the law renders performance illegal (pg. 235). There were no changes in the law specified in the scenario. As for Millie, the contract she has with Frank, her situation would fall under the second condition. Millie could...
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...Talcott In this case, it was ruled that Any Kind should have approached the $10,000 check with additional caution, if it wanted to preserve its holder-in-due-course status (Twomey & Jennings, 2009). According to the Uniform Commercial Code (UCC) Section 3-106(d), a party is a holder in due course when: (1) the instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and (2) the holder took the instrument (i) for value, (ii) in good faith, (iii) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, (iv) without notice that the instrument contains an unauthorized signature or has been altered, (v) without notice of any claim to the instrument described in Section 3-306, and (vi) without notice that any party has a defense or claim in recoupment described in Section 3-305(a). (Legal Information Institute, n.d.) Based on this definition, it would seem that Any Kind Check Cashing is holder-in-due-course in this case. However, the UCC Article 2 defines "good faith" as, "honesty in fact and the observance of reasonable commercial standards of fair dealing" (Legal Information Institute, n.d.). According to the information presented in the case, Michael did not contact...
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...Business and Society Law David White LAW/421 May 14, 2013 Page Beetem Business and Society Law In looking at the role of law in business and society, it is helpful to first understand the definition of Law and how that definition is applied in the business environment. Law of some variety has been a part of society since the time of the most primitive societies. Initially, the primary purpose of the law was to keep the peace, but as society became more complex and developed, the law took on additional functions. Today, at least eight major functions of law can be identified: (1) to keep the peace, (2) to influence and enforce standards of conduct, (3) to maintain the status quo in certain aspects of society, (4) to facilitate orderly change, (5) to allow for maximum self-assertion by the individual, (6) to facilitate planning and the realization of reasonable expectations, (7) to promote social justice, and (8) to provide a mechanism for compromise solutions between polar principles and positions. (World Academy Online, 2012) Commercial law, also known as business law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law. Some general concepts of business law include malpractice, fraud deterrence, financial regulation, international trade law, employment issues,...
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...Functions of Law Paper By: Johnny Rambo LAW/421 November 19, 2012 Instructor: John Arnold Laws play a major role within business’ and society in many ways and without them there would be complete chaos and many situations would take place if it were not for the laws that our state and federal agencies uphold. In this essay I will define the functions and role of law in business and society and discuss the functions and role of law in my present day job, which I military police officer for the United States Army. Laws are set so that business’ and society have to abide them to prevent chaos from happening within the business environment and local communities as well. First, laws are set in businesses so that they have rules and regulations they must follow to prevent them from taking advantage of their investors and customers as well. For example, because the market crashed due to large companies such as Enron, who lied about their financial stability, causing investors to keep dumping their hard-earned money into the owners and other stockholders of the company’s pockets. Another way law plays a large role within businesses is by preventing them from putting false advertisements out on commercials or billboards. For instance, if a company comes out with a cell phone saying that it can do a certain task and it does not that would be considered false advertisement, which could then lead to a lawsuit if pursued by the customers. This took place in the case in Chapter 2 of...
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...Role and Functions of Law LAW / 421 July 18, 2012 Role and Functions of Law Law has a vital and important role in our society. Law is somehow rules created and applied by the government system for peace and order in the society. Law is intended to be interpreted and applied as correctly it was intended to, reasonable and just. Every law has its purpose, and there are many laws for every situation. This also applies to business. There are many laws addressed for the business environment and for every situation in it. The purpose of this laws in business, are intended to ensure that all business related issues and situations are running properly, without affecting their businesses and customers, and/or any consequences in between. In the case of companies, laws are addressed for them to comply correctly and properly with the function and purpose of their business, employees and customers. There are also in the business environment, the labor area, laws that are intended to protect the employees and their right as workers. And there are also many laws addressed to protect and ensure the best interest for the customers. But in business and more importantly addressed to companies, there are laws that prevents them to dominated markets too aggressively and/or completely, or controlling it at all. These laws are mostly as monopoly’s laws, which are addressed directly to prevent any monopoly action or state from any company. These normally are intended for bigger or larger...
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...the UCC and UCITA acts are, and the reasons why the acts were created. Discuss the differences between the Article 2 of the UCC and the UCITA. Determine the distinction between selling a product and licensing that product legally. Discuss the reasoning for drafters to propose a separate and distinct uniform act. UCC and UCITA Act UCC stands for Uniform Commercial Code, and that is a code that addresses the majority of aspects of commercial law. (No Author, 2011) UCITA stands for Uniform Computer Information Transactions Act, and that code is to regulate transactions in computer information products. But before the UCC and the UCITA act there was the Interstate Commerce Act of 1887. The act was put in place to normalize railroads that saturated the states boundaries. (U.S. News, 2012) Even though each one of the acts are different and provide different provisions, they all have something in common, they all create a better way to provide uniformity in commercial law between states. The Uniform Computer Information Transaction (UCITA) act started out as an amendment to article 2 of the Uniform Commercial Code (UCC), but there were so many disagreements with the amendment, that it was decided to rename it the UCITA and to keep it moving as a separate act, and it was approved in February 2000. (Andersen, Raymakers, & Reichenthal, 2001) The difference between selling a product and licensing a product is when you are selling a product it is a product that has gone...
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...Business Models and Systems Terilyn L. Blue BUS 210 June 8, 2012 Tony Sines, MBA/TM Business Models and Systems The three components of business are: Business Commerce, Business Occupation, and Business Organization. Business Commerce is the process through which people produce exchange and trade goods and services. Business Occupation is the acquired set of specialized skills and the abilities that allows people to create valuable goods and service. Business Organization is the system of task and authority relationship which coordinates and controls the interactions between people so that they work towards a common goal. When you put all these factors together you get a business system, which is the combination of business, commerce, occupations, and organizations that produces and distributes the goods and services that create value for people in society. In my area there is a business that operates as a pharmacy. It is owned and operated under a franchise name. The owners are in a partnership with various members of the family, making it a family owned business. The owners of this business decided they wanted to be able to serve the community in various ways. The shelves are stocked with quality low priced items that everyone in the community can afford. The service is on a more personal level. Mr. Woods purchases his supplies from the local market in Alabama where his says he get a great deal to pass onto his customers. There are times when Mr. Woods have...
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...that was offered by Dr. Vranich because they entered into an oral modification of their written contract. Under Montana law, a written contract can be altered in writing or by an executed oral agreement therefore making their alteration legally binding. Dr. Vranich acted extremely unethical in raising the defense that the contract was not in writing because he was aware of the oral alteration he entered with Dr. Winkel and the only cause for this case was due to a disagreement among the two parties. Cheeseman, Henry (). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues [7] (VitalSource Bookshelf), Retrieved from http://online.vitalsource.com/books/9781256088080/id/ch09lev1sec11 10.7 In this case, Peter Andrus would win because he did not accept the terms of the policy two months prior to the expiration. Although Durick sued Andrus to recover the premiums on the $48,000 policy, these details were never agreed upon and are therefore not legally binding. An agreement is the manifestation by two or more people through a contract that requires an offer and an acceptance. The acceptance in this case existed in the beginning of the contract but not two months prior to its expiration when Durick notified Andrus of the new terms. Therefore, Durick will not recover the premiums of the policy. Cheeseman, Henry (). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues [7] (VitalSource Bookshelf), Retrieved...
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...Create a flowchart of the three branches of government and associate two (2) Uniform Commercial Code (UCC) clauses for each branch of government. Designate the relationships among the governmental branches. In an accompanying document, exemplify the types of powers of each branch of government and include these items: • Taxing and spending powers • Limits on both federal and state governmental actions • Due process • Equal protection In a three to four (3-4) page flowchart, include the following: 1. Organize all three (3) branches of government in a flowchart format. 2. Designate two (2) UCC clauses that align with each branch. 3. Illustrate the interactivity among the branches of government in the flowchart. 4. In a separate document, exemplify the types of powers of each branch of government. Your assignment must follow these formatting requirements: • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions. • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required page length. The specific course learning outcomes associated with this assignment are: • Explain the functions of law, the nature of crimes and torts, and the structure of the U.S. legal system, including...
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...patent prosecution and protection) Costs Marketing streams (such as agreements with doctors, pharmacies, and hospitals to promote or utilize the drugs, and then making sure that the doctors legally and properly utilize the drugs) Significant legal barrier What are the possible ethical dilemmas present in this example? There are possible issues here with trade agreements, which are illegal under the Sherman AntiTrust Act. Also, there is an issue with costs--since companies are directly refusing to compete, the buyers lose out and as such an unfair agreement has taken place.Dimitry Alexander Kaplun40281.1716250347 Expert Type | Attorney | Category: | Business Law | Pos. Feedback: | 98.5 % | Accepts: | 1005 | Answered: | 4/13/2010 | Experience: Run my own successful business/contract law practice Ask this Expert a...
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