...Law Seminar & Brief: Chapter 8 ANCILLARY CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS TRANSACTION. Ancillary contracts are additional or supporting contracts between one of the main contracting party with third party for commercial transactions. Freight forwarder offer intermodal services to export goods on behalf of shippers or cargo owners. Common services that freight forward provide are: full-service documentation, export packaging and container stuffing, marine insurance, letter of credit negotiation and analysis, consolidation and deconsolidation services. International freight forwarder can be either ocean freight forwarder or air freight forwarder. The international transportation is unimodal when goods are carried with only one mode of transportation. While the goods are carried by more than one mode of transportation is multimodal. If the goods are transported by see, an ocean bill of lading and ocean waybill are important documents for the contract. Container is used for ocean shipment and can be door to door or consolidated. A door to door is when exporter provides full container load, otherwise goods are taken to a container freight station to consolidate with the goods of other exporters. When goods are transported by air the Air waybill will be provided by the carrier, who will be liable for damage of goods. To ensure goods against losses during transportation exporter can buy insurance. Marine insurance is the most common to the international exporter...
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...TABL 1710, BUSINESS AND THE LAW SAMPLE LEGAL PROBLEM QUESTION AND SAMPLE ANSWER NOTE: • The sample question and answer are based on a previous problem question. • The sample question and answer are purely intended as a GUIDE TO THE STYLE OF WRITING answers to legal problem questions. • Do NOT use the content of this answer for your assignment as the facts and issues in this problem are different to those in the assignment question. • Do not try to learn the content of the sample answer as a replacement for learning and understanding the lecture, tutorial and course reading materials. 1. SAMPLE QUESTION Annie (‘A’) runs a courier service, A Pty Ltd. She reads in a newspaper that a local business, KwikCo, is looking for a courier service which they can use exclusively to deliver parcels and documents to their clients. The advertisement calls for expressions of interest, stating that "those parties wishing to be considered for the courier contract with KwikCo should submit an application in writing to be received in KwikCo's office by 5pm on Friday, 25 April, 2008." On Monday, 21 April 2008, A sends a letter to KwikCo giving information about her company and its experience as a courier service. She states that the company would be prepared to take on the work for KwikCo for a fee of between $12,000 and $20,000 per month. She further states in the letter that, rather than working exclusively for KwikCo, the company would prefer to also...
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...LEGT 1710, BUSINESS AND THE LAW SAMPLE PROBLEM QUESTION AND SAMPLE ANSWER NOTE: • • • • The sample question and answer are based on a previous problem question. The sample question and answer are purely intended as a GUIDE TO THE STYLE OF WRITING answers to legal problem questions. Do NOT use the content of this answer for your assignment as the facts and issues in this problem are different to those in the assignment question. Do not try to learn the content of the sample answer as a replacement for learning and understanding the lecture, tutorial and course reading materials. 1. SAMPLE QUESTION Annie (‘A’) runs a courier service, A Pty Ltd. She reads in a newspaper that a local business, KwikCo, is looking for a courier service which they can use exclusively to deliver parcels and documents to their clients. The advertisement calls for expressions of interest, stating that "those parties wishing to be considered for the courier contract with KwikCo should submit an application in writing to be received in KwikCo's office by 5pm on Friday, 25 April, 2008." On Monday, 21 April 2008, A sends a letter to KwikCo giving information about her company and its experience as a courier service. She states that the company would be prepared to take on the work for KwikCo for a fee of between $12,000 and $20,000 per month. She further states in the letter that, rather than working exclusively for KwikCo, the company would prefer to also take on other small jobs on the understanding...
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...Sava Gumarska v. Advanced Polymer Sciences, 128 SW 3d 304 - Tex: Court of Appeals, 5th Dist. 2004 1. Who won the case? Advanced Polymer Sciences, Inc. (APS), won in this appeals case on 3 of the 5 issues in this case. The appeals court reversed the trial court’s judgment awarding damages to AAPS, and rendered judgment that APS take nothing against SAVA. The appeals court reversed the trial court's judgment refusing to award SAVA attorneys' fees and awarding APS attorneys' fees and expenses under the declaratory judgment act and remanded the issue of whether to award attorneys’ fees to the trial court for further proceedings. On all other issues the appeals court affirmed the trial court’s judgment. 2. Why did that person win? On the issue of the trial court's conclusion that the alleged failure of APS's resin coating products was not a material breach of the Equipment Agreement between SAVA and APS. APS won as neither the Company Formation Agreement nor the Equipment Agreement between SAVA and APS contained a warranty of the performance of the resin coating products. Nor was there an express condition in the Equipment Agreement that the resin coatings to be sold to SAVA AP would perform as warranted. Further, there was evidence that the equipment covered by the Equipment Agreement was not product specific; it could be used with any resin coating products. The evidence supportted the trial court's conclusion that the alleged failure of APS's resin coating products was...
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...IN THE HIGH COURT OF DELHI Suit No. 788 of 1990 Decided On: 20.02.1994 Appellants: P.S. Bedi Vs. Respondent: The Project & Equipment Corporation of India Ltd. Hon'ble Judges: P.N. Nag, J. Counsels: A.S. Chadha and Bharat Deepak, Advs Subject: Tenancy Subject: Law of Evidence Acts/Rules/Orders: Transfer of Property Act, 1882 - Section 106 Cases Referred: L. Bhagwan Das v. Union of India, AIR 61 J&K 39; Bakshi Sachdev v. Concord, 1993 RLR 563; Shyam Chran v. Sheoji Bhai, AIR 1977 SC 2270; Ram Pasricha v. Jagnnath, AIR 1976 SC 2335; Pooran Chand v. Motilal, AIR 164 SC 461; Union of India v. RR Hingorani, 1987 1 SCC 551; Atyam Veerraja v. Pechatti Venkanna, AIR 166 SC 629 Case Note: Interpretaion of documents - Lease deed-period of lease can not be infinite by mere provision of renewal every three years when lease was for specific period. Tort - Damages/mesne profits-for illegal occupation of premises after tenancy came to an end after efflux of time-can be granted at a higher rate provided it is not penal or unconscionble-market rate proved by oral evidence-damages granted. Title - Challange to the title of Landlord-can not be made by a tenant in a suit for possession, in view of Section 116 of Evidence Act. Transfer of Property Act- Section 106--notice under-is not required where the tenancy stood terminated by efflux of time. FACTS: (1) The facts set out in the plaint are that the plaintiff is the owner of the properly knownasflatNo.9-B...
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...program is to read this guide from beginning to end. Obligatory Disclaimer: This document was prepared by UCAN's staff and interns and was not written or edited by an attorney. This document does not constitute legal advice. It is simply a guide designed to advise you of your rights under the 1992 TCPA, which gives ordinary people the ability to take legal action in Small Claims Court against companies that violate the law. If you need legal advice, please consult an attorney. Table of Contents Letter from UCAN Executive Director Michael Shames / Introduction……………………….2 Violations for which telemarketers can be sued………………………………………………....3 What to do when you are solicited / Who can you sue?…………………………………………4 “Strike Back” Anti-Telemarketing Script………………………………………………………..5 Controlling the call: a sample conversation……………………………………………………...6 Using “rejection psychology” to your advantage………………………………………………..7 Sample letter to a telemarketer suspected of breaking the law…………………………………8 F.I.S.T. Anti-Telemarketing Program……………………………………………………………9 “Hired Gun” Sample Letter……………………………………………………………………...12 Arkow v. Bank of America……………………………………………………………………….13 UCAN’s Fraud Squad…………………………………………………………………………….15 http://www.ucan.org From The Desk of Michael Shames Dear Fellow Telemarketing Victim: You are awakened by a ringing phone, but when you answer, nobody is on the line. Then, just as you drift off to sleep, you get another call. This time there is a voice on the line, but while...
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...BSAD 341: BUSINESS LAW Semester: Fall 2011 Assignment # 2 - Case Study - Contract Law The Postal rule is an exception to the general rule of contract law in regard to the acceptance, which states that “acceptance in not effective until communicated to and received by the offeror”. The postal rule states that, by contrast, that acceptance takes effect when a letter is posted. The rationale given for the rule is that both parties nominates the post office as implied agent and therefore receipt of the acceptance by the post office is regarded as that of the offeree. The main drawback of the postal rule is that the risk of the acceptance being delivered late or lost in the post is placed upon the offeror. Thus acceptance is effective even when the letter is lost in the post. However, if the letter is lost or delayed in the post because the offeree has addressed it incorrectly the “postal rule” will not apply. To minimize the risk, the offeror can require actual receipt as a condition before being legally bound. The postal rule applies only to acceptance. Revocation is ineffective until communicated to the offeree, hence revocation by post is ineffective until the letter is actually received by the offeree. The implication of this is that it is possible for a letter of acceptance to be posted after a letter of revocation of the offer has been posted but before it is delivered, and acceptance will be complete at the time that the letter of acceptance was posted – which would...
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...Jacquelyn Young hired the law firm of Becker & Poliakoff to represent her in her federal employment discrimination lawsuit against her employer. The firm associate that filed the action made a mistake by attaching the wrong U.S. Equal Employment Opportunity Commission (EEOC) right-to-sue letter. The court dismissed the claims. The law firm did not try to re-file using the correct attachment, or try to dismiss the motion. Thirteen months later, the law firm informed Young that the claims had been dismissed, and that the firm was withdrawing from representing her further with the case. Young argued that the firm had a conflict of interest when it continued to represent other employees of Young’s employer, and when their settlement included a rule barring the firm from suing the employer in the future. Young believed that the firm had waited to pursue her case until its other case was settled. The jury determined that Becker & Poliakoff knew that the case had been dismissed, but withheld that information from Young so they could settle the other case and secure the $2.9 million fee and cost reimbursement in that case. The jury returned a verdict for Young of $394,000 in compensatory damages as a result of Becker & Poliakoff’s breach of fiduciary duty. The total compensatory damages consisted of $144,000 in past lost wages and $250,000 in damages for “pain and suffering, mental anguish, or loss of dignity.” However, the court reduced the punitive damages to $2 million,...
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...King Jr. King, in his Letter from a Birmingham Jail, utilizes devices such as metaphorical language, diction, and antitheses to convey a sense of urgency, to toy with the emotions of his audience, and to break the chains of inequity. Metaphors throughout Martin Luther King Jr.’s letter urge the audience of the clergymen to act against the racial prejudices...
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...Introduction In today’s highly globalized economy, when an Australian importer or exporter makes a contract of the sale or purchasing goods with people in other country and delivers the goods to other country, many factors will be considered into international commerce by an Australian importer or exporter. This paper identified six factors to illustrate what should be taken into account. * Goods described carefully in the contract of sale so that in the case of breach of contract the remedies are clear and the contract of sale makes it clear when and where the risk will pass to the buyer For example, in a case, Bowden Bros which was the plaintiff and appellant, operated business in Queensland and Japan and had an office branch in Sydney. Robert and Co was the defendant and respondent, operating business in Sydney. Under a contract of sale based on the CIF term to Sydney, Robert Little achieved an agreement to buy 450t of Japanese onions from Bowden Bros. The buyer found that the onions were unmerchantable when are shipped to Sydney and refused to accept and pay for them (Mo 2013). The seller sued the buyer for the unpaid price of the contract. The buyer argued that delivering the onions in Sydney was the sellers’ obligation under the contract. The seller argued that the contract was intended to delivering the goods at Kobe, Japan and marine risks should be responsible for the condition of the onions, not because of the seller’s breach of the implied term regard to...
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...International Trade Law Outline Definition of ITL The Scope of ITL （调整范围） History of ITL Comparison of ITL and In. Business Law Sources of ITL( 渊源） Question How to understand the word “international law” here? What is International Law? “A rule… that has been accepted as such by the international community.” Includes :Customary international law. International treaties and agreements. General principles common to major legal systems. Public vs. Private International Law Public International Law. – Involves relationships between countries and applies “norms regarded as binding on all members of the international community” Private International Law. – Is described as conflict of laws or “domain of rights, duties, and disputes between and among persons from different places. Part I Definition 国际贸易法：调整跨越国界的货物贸易、技术贸易和服务贸易关系以及这些贸易关系有关的其他关系的法律规范和规则的总和。 (a) The body of norms and rules – Private law: governs transnational Relationships of Private Persons ( International transaction Law) e.g. the law of international sales, trade finance, licensing agreement etc. – Public law: laws that make up the legal framework within which international business takes place. e.g. the treaties of EU, GATT agreement, NAFTA (b) the scope of ITL（调整范围） Trade in goods, Trade in service，Trade in technology,other international business field Part III History of International Trade Law • Customs and usages Law • Decentralization...
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...Assembly United Nations Commission on International Trade Law CASE LAW ON UNCITRAL TEXTS (CLOUT) Contents Page Cases relating to the United Nations Convention on Contracts for the International Sale of Goods (CISG) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Case 1132: CISG 35; 35(3); 74; 77 - Australia: Federal Court of Australia, Castel Electronics Pty Ltd v Toshiba Singapore Pte Ltd [2011] FCAFC (20 April 2011) . . . . . . . . . . . . . . . . . . . . . . . Case 1133: CISG 35; 39 - Australia: Federal Court of Australia, Cortem SpA v Controlmatic Pty Ltd [2010] FCA 852 (13 August 2010) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Case 1134: CISG 35 - Australia: Supreme Court of Victoria, Delphic Wholesalers (Aust) Pty Ltd v Agrilex Co Limited [2010] VSC 328 (6 August 2010) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Case 1135: CISG [1]; [6] - Australia: Supreme Court of Australia, Attorney-general of Botswana -v- Aussie Diamond Products Pty Ltd [No. 3] [2010] WASC 141 (23 June 2010) . . . . Case 1136: CISG 8 - Australia: Supreme Court of New South Wales, Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407 (16 December 2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . Case 1137: CISG 7; 8; 9 [relevant but court considered domestic Australian law] - Australia: Supreme Court of South Australia, Vetreria Etrusca...
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...project not only for marks but also to increase my knowledge. Thanks again to all who helped me. Executive Summary The reason of this study is to learn the basic legal principles for which we can use in the practical aspect of business. Also from the case studies which is given is very helpful for practical day to day issues. This study is focused on non-lawyers therefore we should give a clear picture of the concepts such as the contracts, negligence torts , breach of conditions etc. this is also helpful to understand and learn the legal terms used in business contracts. This study helped me to understand the key elements of a business contract, Tort of Negligence and also the consequences of breach, and also to apply the rules and laws for practical scenarios. Contents Acknowledgement 1 Executive Summary 2 Introduction 4 Task 01 5 1.1 Simple contract 6 1.2 Contract under seal 6 1.3 Signature 7 1.4 Unilateral...
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...Task 1 “A contract may be defined as an agreement which legally binds the parties”. There are some key elements which are essential to form a valid and enforceable contract by the law. 1. Agreement First of all, a contract must contain an agreement. An agreement is made of an offer and the acceptance of that offer. An offer is defined as “a definite promise to be bound on specific terms”. The person who makes an offer is the offeror and the person to whom the offer is made is referred as the offeree. In other words, the relationship between the offeror and the offeree is determined through the communication made between them which indicate some specific terms. The offeror is prepared to be bound by these terms if the offeree accepts them.An offer can be express or implied from conduct (see case Textile Holdings Ltd v Spencer plc 1897).It is necessary to differ between an offer and an invitation to treat because an invitation to treat is only some kinds of a preliminary stage in forming an agreement where one party invites the other to make an offer. Usually, an offer need to be definite (although can be made to the public at large – see case Carlill v Carbolic Smoke Ball Co 1893) and addressed to a specific party while an invitation to treat can be indefinite. “Acceptance is the unqualified agreement to the terms of the offer”. In other words, once the offeree has accepted an offer then he is unconditionally agreed to the precise terms of that offer. The acceptance can...
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...that person” • Right to reputation – if effected by means of words spoken or written is actionable as civil as well as criminal wrong • Dixon v Holden 1869 • A man’s reputation is his property and if possible more valuable than any other property. • Hence an injury to a person's reputation results in substantial damage and the law recognizes it as a tort and a crime. • A defamatory matter may be of any imputation concerning any person, or any member of family, whether living or dead, by which the reputation of that person is likely to be injured. • Defamation in common law • The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action. • Libel • A libel can be defined as a publication of false and defamatory statement in some permanent form tending to injure the reputation of another person without lawful justification or excuse. • libel is actionable per se, i.e., without proof of actual damage. • In libel, general damages are presumed i.e., the plaintiff does not have to show actual injury which includes compensation for disgrace, dishonor, humiliation, injury to reputation and emotional distress. • Slander and libel • Libel and slander both require publication. • The fundamental distinction between libel and slander lies solely...
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