...contractor in the trucking business, who is currently the prime suspect in defrauding the United States of $77 million. John Sopko accused Hikmatullah Shadman of setting up counterfeit contracts and giving kickbacks to co-conspirators who finalized the agreements between the two parties. In conjunction with certain valid reasons provided by Nissenbaum that show why Mr. Shadman is a direct target in a conspiracy allowing him to steal millions, Nissenbaum also provides accounts to illustrate how John Sopko aggressively pursued several investigations to reclaim the money that was taken from the U.S. government. Mr. Shadman is accused of creating fictitious contracts on behalf of the United States Military for the transport of supplies and goods. After close examination and research provided by SITAR and the Department of Justice there is reason to believe that Mr. Shadman forged quite a few contract bids by offering bribes and kickbacks to officials who are responsible for finalizing the contractual agreements with Afghan’s trucking company. Throughout the investigations, John Sopko allegedly came across two co-conspirators who manage the supply routes of the U.S Military. The two co-conspirators recently work for TOIFOR where they helped organize dishonest bids and also, directed quite a few contracts to Mr. Shadman in exchange for kickbacks. The ongoing investigations by SITAR enforced the Department of Justice to take necessary action. The Department of Justice requested a...
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...CONTRACT FOR THE SALE OF GOODS This Contract for the Sales of Goods (the “Sales Contract”) made on November 02, 2012, BETWEEN: Giant (The “Seller”), a corporation organized, and existing under the laws of the Province of Ontario, Canada with its head office located at: Doon Valley, Kitchener, Ontario, X8X 9X9, Canada AND: Universal (the “Buyer”), a corporation organized, and existing under the laws of the Province of Ontario, Canada with its head office located at: Maroon Valley, Kitchener, Ontario Z0Z 2A3, Canada 1. SALE OF GOODS Seller shall sell, transfer and deliver to buyer on or before November 02, 2013 the following personal property: Sixty Seven Thousand, five hundred (67,500) Motor Units 2. CONSIDERATION Buyer shall accept the goods and pay the sum of $18.50 per unit 3. IDENTIFICATION OF GOODS Identification of the goods to this agreement shall not be deemed to have been made until both buyer and seller have specified that the goods in question are to be appropriated to the performance of this agreement. 4. PAYMENT ON RECEIPT OF INVOICES TERMS: 5/30 NET 60 DAYS 5. RECEIPT CONSTRUED AS DELIVERY Goods will be deemed received by the buyer when delivered to buyer at each of the six (6) locations (FOB: DESTINATION) 6. DELIVERIES - Deliveries are to be completed within 48 hours of order placement to all six plants - Late orders will have the following fines levied on the Seller (except where an act of God is the reason...
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...Solution: 1.) Application of the CISG 1. It is a contract of sale of goods (art.1 par. 1) 2. Places of business in different states – United States and Italy (art. 1 par. 1) 3. Both are member countries under the CISG (art. 1 par. 1a) 4. No kind of contracts excluded by art. 2 5. No exclusion of the by the contract partners (art. 6) → CISG will apply 2.) Validity of the contract 1. Valid contract (art. 14/15) 2. subcontraction was not exluded → valid contract 3.) Compensation for damage 1. loss occured? → yes especially loss of profit (art. 74) 2. Legal basis: 1. art. 74: Damages for breach of contract 3. Breach of contract: 1. fundamental breach of contract (art. 25) in conjunction with 2. breaching of the delivery of goods (art. 30) 4. Remedy of the buyer: 1. require performance by the seller (art. 45 par. 1a in conjunction with art. 46 par. 1) → not possible because of the circumstances 2. claim damages (art. 45 par. 1b) 1. Reasons for exclusion of compensation (art. 79) 1. failture of the seller is due to the failture of the subcontractor in Pakistan (art. 79 par. 2) 1. liabilty exemption 1. if art. 79 par. 1 apply: „not liable […] [if| he proves that the failture was due to an impediment beyond his control and that he could not reasonably be expected“ 1. since the indipendance of pakistan the country is in insecure condition 2. corruption 3. landlords and no stability by the government 2. According to the circumstances of the case there were no notice of impediment (art....
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...Article 3 International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith Giuditta Cordero Moss∗ ∗ University of Oslo, g.c.moss@jus.uio.no Recommended Citation Giuditta Cordero Moss (2007) “International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith,” Global Jurist: Vol. 7: Iss. 1 (Advances), Article 3. Available at: http://www.bepress.com/gj/vol7/iss1/art3 Copyright c 2007 The Berkeley Electronic Press. All rights reserved. International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith∗ Giuditta Cordero Moss Abstract Most commercial contracts are nowadays written on the basis of English or American contract models, irrespective of whether the legal relationship that the contracts regulate is governed by a law belonging to a Common Law system or not. These contract models are drafted on the basis of the requirements and structure of the respective Common Law system in which they were originally meant to operate. These models may therefore be in part ineffective or parts thereof may redundant, if the governing law belongs to a Civilian system. To overcome this tension between Common and Civil Law, it is sometimes recommended to subject international contracts to non-state...
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...Bab. I Pendahuluan I.I Abstrak Artikel ini dimulai dengan analisis rinci tentang bagaimana pilihan situasi dari sebuah kontrak sosial bagi etika bisnis internasional yang dapat dibangun dan dibenarkan. Situasi Pilihan dikembangkan dengan menganalisis konsepsi dari perusahaan multinasional dan wilayah dari bisnis internasional. Hasilnya adalah negosiasi hipotetis antara dua karakter fiksi, J. Duncan Grey dan Elizabeth Redd, yang masing-masing mewakili kepentingan bisnis dan masyarakat yang ingin terlibat dan terlibat dalam perdagangan internasional. Negosiator menyepakati prinsip-prinsip etika yang mengatur upah, lingkungan, dan norma-norma sosial dan budaya kepatuhan. Prinsip-prinsip ini kemudian ditampilkan untuk keseluruhan dalam kesetimbangan reflektif yang luas dengan menganggap penilaian moral etika bisnis internasional, yang diambil dari perjanjian internasional, seperti Deklarasi PBB tentang Hak Asasi Manusia, dan inisiatif bisnis sukarela, seperti Sullivan Prinsip global dan PBB global Compact. I.II Latar Belakang Perkembangan serta kemajuan zaman dimana munculnya teknologi baik transportasi maupun komunikasi yang merubah bisnis, dimana tidak lagi dipandang sebagai suatu bidang yang kecil melainkan dapat mencangkup bidang yang luas dan tidak terbatas baik wilayah maupun cakupan yang dipengaruhi oleh bisnis itu sendiri. Hal ini berkaitan dengan makin berkembang dan banyaknya bisnis yang berskala multinasional maupun internasional. Bisnis sendiri telah menjadi salah...
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...Contract Law LAW OF CONTRACT Name: Institution: A contract can be simply defined as an agreement made by parties that is legally binding by its nature. It can also be defined as legally binding set of promises or promises (Lawrence & Elizabeth, 2007). A breach of any aspects of the agreement or a promise that constitutes a contract will lead to a subsequent remedy from the party that has been accused of the breach. The law of contract as shall be later discussed has provided for such remedies. The obligation to perform the duties that the law recognizes the contractual document or agreement specified. This defining characteristic of the contract is broadly known as enforceability. A contract is thus an agreement that is deemed enforceable. However, it is worthy to point out that while it is generally acceptable that all contracts are agreements, the reverse is not true. Not all agreements constitute a contract. The law of contract may classify contracts as follows: specialty or written contracts, contracts that are evidenced in writing, contracts that are under a seal and simple contracts. Specialty contracts are contracts, which the law specifies that they must be written. A formal structured document embodies a specialty or written contract. Examples of contracts that the law classifies as specialty contracts include insurance contracts like marine insurance, lease and hire purchase agreements and the contracts that will put in place proceedings that are...
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...that a commercial contract is an agreement between two or more wills that creates or transfers rights and obligations of a commercial nature, an agreement of 2 or more wills on the production or transfer of rights and obligations, requiring that these wills have an outward manifestation with expressed or implied consent. Their legal nature is based on the presence of a dealer on any of the parties, due to its purpose being the industry, commerce or for the commercial mater of the object to which it refers. Article number 1794 (of the Civil Code for the Federal District) requires consent and an object in order for the contract to exist. Under articles number 1825 and 1826 the object must exist in nature, be determined or determinable and be in commerce (future objects may be subject of contracts as well). Usage and custom is defined as the result from the practice of traders so that they can become considered true law. Their uniform and continuous practice, make rules to be observed as existing law, but they cannot repeal mercantile laws themselves and be contrary to the principles of public policy. The practice is considered a source of DM autonomous and does not need the recognition of the legislator or judge, and changes to the wording of the new social needs. (Cco. Arts. 280 y 1132.) The uses are autonomous and independent provisions. They are classified into conventional (allow us to know the will of the parties in business relationships or contracts) and normative (imply...
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...* A contract of business is signed between two people, one form Bangladesh and another form USA. Let’s assume that that the purpose of the contract is illegal in Bangladesh but legal in USA, then whether it will be contract or not? I think if two people of different countries signed a contract, which is legal in one country but illegal in another country it will be a contract. Because when two parties from different countries enter into a contract, they are governed by international contract law unless they agree to abide by the laws of one of the countries. International contract law concerns the legal rules relating to cross-border agreements. It is frequently applied to international sales contracts. This type of contract law is broadly based on the idea of good faith and fair dealing in contracts. These principles are the basis of contract law in most jurisdictions. Good faith includes fair negotiations, an obligation to cooperate and good faith when terminating a contract. It also ensures that unfair contracts or deals are not enforced. International sales contracts are governed by the United Nation Convention on Contracts for the International Sale of Goods from 1980. The convention was developed in the hopes of promoting international trade by developing a global set of rules for contracts. The convention is a compromise between legal systems of common law, civil law and socialist law. One key element of international contract law includes the provision...
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...Addressing International Legal and Ethical Issues Paper De’Shawn Shinette, Sr. University of Phoenix BUS 415: Business Law James Zaccaria March 16, 2008 Introduction Any solid relationship should begin with a period of introduction, or courtship. The same can be said when a global negotiation venture with a prospective foreign nation business partner has started. The need to know about the culture, background, structure, and goals of the parties involved is important (Negotiation Leadership, 2008). It might be wise to spend the money to hire an experienced consultant, or professional third party to look into the potential partner’s past. In this report two companies (CadMex and Gentura) are attempting a business venture. Before they can move forward a few issues need to be addressed in a memo. Initially an explanation why Gentura might be in breach of contract with CadMex will be given. Next, a discussion of what remedies are available will to be conducted. From there, a recommendation will be made on how the Gentura situation will be handled. An analysis for selecting the proper forum and venue for dispute resolution will be included. Finally, an analysis of the situation from an ethical standpoint will be done in order to support ones recommendation. I. Breach of Contract Breach of a contract between two parties can bring about severe legal issues. Substantial performance occurs when there has been a minor breach of contract (Bereznicki-Korol...
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...September 30, 2013 Professor Michael Carrozzo To be successful in conducting international business transaction it is imperative to have a real good written contract. Generally, contracts are the most common method that is being utilized by any type of businesses. When conducting a business transaction internationally, the contract clause must be very precise. It is extremely significant not only to spell out the rights of each party, their duties and responsibilities, but more importantly what process to be followed in case of a dispute. Some examples of dispute resolution clause are, what law governing the contract and dispute; what procedure to be followed; what method of resolution like arbitration or litigation - for arbitration, the complete process including constitution of the tribunal, applicable procedure, venue and language, and for litigation, the jurisdiction of the courts. It was mention in our simulation that it is a must to ensure the contract, which forms the basis of the agreement, is legally enforceable. The contract drafted must protect the company’s interest in the foreign country against all eventualities. Besides the legal aspects of international business, it is also important to consider the cultural and ethical differences inherent in such business transactions. CadMex should put into a consideration that, once you've licensed your asset, unless the contract specifies restrictions and conditions related to marketing, advertising and sales...
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...Production Corporation (PEPCO), wanted to default on PEPCO’s contract with John’s company, Offshore Drilling Incorporated (ODI). Sprague gave two weeks notice until the papers would be filed. ODI is an offshore drilling contractor that provides mobile drilling rigs, as well as the expertise and personnel to drill the wells on behalf of exploration and production (E&P) companies. John’s client, PEPCO, was one such company. ODI had developed and was operating a rig for PEPCO, and the contract specified that PEPCO would pay ODI a fixed fee, or “day rate” for each day ODI spent on site drilling for oil with the rig. The day rate specified in the contract between PEPCO and ODI translated into roughly $105,000 per day. When the 39-month contract was first signed, in December of 1995, the price of oil was roughly $19 per barrel, and this left PEPCO with a healthy profit. Since the beginning of December of 1997, however, the spot price of oil had dropped about 20%, from about $19.00 to less than $15.00 per barrel. (See Exhibit 1.) When the price of oil drops below the cost of production, E&P companies typically halt production and exploration, and this was one option that PEPCO was considering. In this case, PEPCO would default on its contract with ODI, and this might lead the two companies into costly and protracted litigation. An alternative that Sprague proposed to John was for ODI to share some of the losses with PEPCO. The contract would be rewritten so that the day rate PEPCO paid to ODI...
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...International Legal and Ethical Issues Simulation Albert Weyant LAW/421 November 11, 2012 Taleed El-Sabawi International Legal and Ethical Issues Simulation The risk of legal disputes, between companies, during international transactions occurs frequently. Companies involved with international transactions must be certain that contracts between companies and countries are legally enforceable, or binding. Legally binding contracts offer a sense of security to the companies involved and minimize risks of legal disputes regarding the subject matter of the contracts. If a company must take legal action against a business partner located in a different country, it would be practical for the company to decide on the type of law clauses used during contract negotiations. As indicated in the succeeding simulation example, some law clauses support both domestic and foreign governments. There are other law clauses that are not supported. In University of Phoenix simulation (2012), a U.S. based company, CadMex Pharma, is entering contractual agreements with Gentura, a biotechnology-based company located in Southeast Asia called, Candore. CadMex Pharma is a global leader in pharmaceutical and health care development and shows interest in an anti-diabetes drug called ProPrez, which Gentura has created. The contract would license CadMex Pharma’s technology and expertise to Gentura and CadMex Pharma would gain the global marketing rights to ProPrez. ...
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...KABARAK UNIVERSITY BUSINESS LAW AND ETHICS 1. Kenya’s court system. a. the court of appeal this is the highest court in Kenya with the function of hearing appeals from the high court in certain matters. b. the high court this is the second in hierarchy. Hears both criminal & civil matters. it has specialized divisions:- - family divisions - criminal divisions - civil divisions - commercial division - constitutional& judicial review divisions. Appeals from various administrative bodies & subordinate courts are heard and determined by the high court. c. magistrate’s court handle civil & criminal matters depending on the rank of the magistrate. the hierarchy of magistrates is:- 1. chief magistrate 2. senior principal magistrate 3. principal magistrate 4. senior resident magistrate 5. resident magistrate 6. district magistrate d. specialized courts children’s court – this deals with matters relating to children e.g. parental responsibility , custody, guardianship, protection of children, foster care, child offenders. Anticorruption courts which deal with the matters relating to corruption & integrity. e. tribunal tribunals are made by the parliament to deal with disputes that arise in the course of the regulation & administration of certain matters. Common tribunals are:- 1. industrial courts Deals with labour disputes. 2. land disputes tribunals Deals with disputes relating...
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...Sackett if the Sacketts would pay the three months’ that they were behind and the future payments. After 15 years Robert Brigss filed an action to void the oral contract as in violation of the Statute of Frauds and evict the Sacketts from the house. The applicable issue in this case is contracts involving interests in real property; because according to the statute of frauds any contract that transfers an ownership interest in real property must be in writing to be enforceable (Cheeseman p 220). The Sacketts family only had an oral agreement for the sale of the home that by itself alone it is not sufficient to proof that they own the property, but there is an exception to the rule that it is known as the part performance rule, that allows the court to order an oral contract for the sale of land or transfer of another interest in real property to be specifically performed if it has been partially performed and performance is necessary to avoid injustice (Cheeseman p. 224). Thus giving the case in favor to the Sacketts because they have been making the payments for 15 years, which provides that they are in compliance with the part performance rule; without a written contract the house still belongs to the Sacketts. Cheeseman, Henry R. (2010). Business Law: Legal Environment Online Commerce, Business Ethics and International Issues. (Seven Edition) New Jersey, NJ. Pearson Prentice Hall Case 16.10 Intentional interference with contractual relations Pacific Gas and Electric...
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...com/unitedstates/x/309172/Arbitration+Dispute+Resolution/International+Arbitration+And )”The Federal Law on International Commercial Arbitration, 1993 (the "Law") governs international commercial arbitration throughout the entire territory of Russia. Manifestly, this has a unification effect and harmonizes legal practice in Russia. The Law is largely a mirror image of the UNCITRAL Model Law on International Commercial Arbitration (1985) and places Russia on the map of the countries with modern arbitration legislation.” http://www.arbitrations.ru/en/dispute-resolution/arbitration-in-russia.php “An acceptance is “a manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offer.”1 In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror.” (Book page 353) In my opinion, Russia should be the country that handles the dispute in this situation between Monarch Associates and Vladir Unlimited. Monarch associates I believe intended to enter into the contract, accepted the terms, and communicated their acceptance by signing, Monarch Associates should have negotiated their terms and expressed their concerns prior to agreeing to the contract. An advantage is “something (such as a good position or...
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