...role of the Law of Tort in business activities assessing particular forms of tortuous liability and apply the elements of the Tort of Negligence. Scope It includes the nature of general tortuous liability，the nature of employer’s liability，the application of the elements of the Tort of Negligence and vicarious liability. Background to study Case study No. 1 Facts: A bus belonging to Xiamen Bus Co Ltd had hit a school child on the pedestrian passing zone and was killed. Upon the occurrence of accident the driver was arrested by the police for killing in negligence. The deceased child’s family (the claimant) sued the driver who was sentenced for 1 year imprisonment. The family was failed to get the satisfactory compensation as the driver is unable to pay the full award. Facts: Facts: A peasant (the claimant) from the suburb of Jilin was going to downtown and met another peasant he was acquainted of (the defendant). The defendant had a cart with motor used for transporting small items and was intended to bring some goods from the downtown. It was not allowed to use this type of cart to carry passengers. However, the peasant insisted to have a ride. Before arriving the downtown, the cart was hit and overturned by a military jeep and both of them were overthrown and injured. The claimant sued the defendant for his injury. The defendant ended up for an imprisonment in the jail. Analysis of Case No. 1 • Determine the nature of the case in China According to...
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...alternatives to going to court to resolve a dispute in China: negotiation, mediation and arbitration, they are ADR. ADR means “Alternative Dispute Resolution” and it refers to various processes, commonly used in civil law tradition, which have in common the aim of a better communication between the parties during a dispute and the saving in managerial and legal time, expense and worry (Bevan, 1992). We can clearly distinguish the advantages of the ADR, comparing to the formal dispute settlement at court. ADR processes are quicker, as they can be arranged within days or weeks rather than months or years (example of one case in litigation). They are also less expensive, as earlier settlements save managerial time and they are confidential. They are voluntary, which means that the parties are free to walk out every time without interfering the legal procedures and their rights (Bevan, 1992). Mediation, one of the most used ADR, involves a neutral third party, called a mediator, to help the disputing parties to reach an agreement. Mediation in China has been existed in China for more than 2,000 years. It was used in the Western Zhou Dynasty (1146 BC-771 BC) and then used during the Qin Dynasty (221 BC-207 BC). There was always a preference for mediation throughout all the history of Imperial China. The mediation system and the legal system were developed together after the establishment of the People's Republic of China in 1949. People's Mediation Committees appeared during this period...
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...| | | | | | | |Patrina Smith | | | |Business Law 531 | | | |University of Phoenix...
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...essential requirements such as laws, business regulations, currency, standards in practices and environmental protection. To businesses, governments are an important source of trade between the public and private sectors, and also act as a formal channel on the global market (Ryan et al., 2003). Vogel (1996) stresses the importance of the interaction between Government and business, and how policies can effect business decisions, and both Vogel (1996) and Ryan et al. (2003) suggest that society is dependent upon both parties to address issues such as quality of productions, medical care and environmental protection. In the global financial crisis, both China and the United States (US) felt the strain of national debt. China is dependent on the US during this unstable economic period as their leading trading partner and importer of Chinese products, and likewise the US depends on these Chinese exports, largely for electrical machinery and power generating equipment (The US-China Business Council, 2009). However, for a business looking to establish itself in either China or the US, the question at hand is which country would be the most stable and economically beneficial environment for the business. This paper will provide an evidence based answer, after identifying each of the political regimes for China and the United States, and the effects they have had on businesses. Martin (2010) defines the political structure of the Peoples Republic of China ultimately as a one party system...
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...with the early Che people settling the land early on. During the period of the Warring States in Mainland China, Yuet people immigrated from the north and forcibly assimilated the Che people. During the time of the Qin Dynasty Hong Kong was made a part of unified Imperial China. Throughout the Han Dynasty in the 10th century the region grew in economic importance as a result of the local pearl industry. When the Mongols invaded China, Hong Kong saw a large influx of refugees from Mainland China, creating a population boom and further enlarging the already strong economy that had built around Hong Kong as a maritime trading port. In the 19th century, Britain, faced with a growing trade deficit with China due to the British appetite for tea, expanded its sale of opium to China dramatically. The ruling Qing Dynasty disapproved, and banned the sale of opium. Britain pushed the issue by declaring war, and occupied Hong Kong Island by 1831. The British would control Hong Kong until World War II. The Japanese seized the region briefly during World War II. Shortly after the war, the declaration of Communist China led to a new wave of refugees to British Hong Kong. As China continued to pursue an isolationist stance during the Communist era, Hong Kong became an important connection between the West and the mainland, and one of the only avenues for goods to come to and from China. Hong Kong continued to develop as an economic center, phasing out industry and focusing on financial services...
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...entity formed between two or more parties to undertake economic activity together. The parties agree to create a new entity by both contributing equity, and they then share in the revenues, expenses, and control of the enterprise. The venture can be for one specific project only, or a continuing business relationship such as the Sony Ericsson joint venture. This is in contrast to a strategic alliance, which involves no equity stake by the participants, and is a much less rigid arrangement. The phrase generally refers to the purpose of the entity and not to a type of entity. Therefore, a joint venture may be a corporation, limited liability company, partnership or other legal structure, depending on a number of considerations such as tax and tort liability. Contents [hide] * 1 When are joint ventures used? * 2 Brokers * 3 Reasons for forming a joint venture * 4 Examples * 5 External links [edit] When are joint ventures used? Joint ventures are not uncommon in the oil and gas industry, and are often cooperations between a local and foreign company (about 3/4 are international). A joint venture is often seen as a very viable business alternative in this sector, as the companies can complement their skill sets while it offers the foreign company a geographic presence. Studies show a failure rate of 30-61%, and that 60% failed to start or faded away within 5 years. (Osborn, 2003) It is also known that joint ventures in low-developed countries show a...
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...MARITIME LIENS IN THE CONFLICT OF LAWS (final version published in J.A.R. Nafziger & Symeon C. Symeonides, eds., Law and Justice in a Multistate World: Essays in Honor of Arthur T. von Mehren, Transnational Publishers Inc., Ardsley, N. Y. 2002 at pp. 439-457) Prof. William Tetley, Q.C.* INDEX I. II. Preface - Homage to Arthur T. von Mehren Introduction - Maritime Liens 1) 2) III. Civilian origins of maritime liens Characteristics of maritime liens Maritime Liens as Sources of Conflicts of Law 1) 2) 3) The differing scope of "maritime liens" Other maritime claims Different ranking of maritime liens and claims IV. V. VI. VII. The United Kingdom - The Lex Fori The United States - The Proper Law Canada Some Other Jurisdictions 1) 2) 3) 4) 5) China Israel Greece Sweden The Netherlands VIII. The Rome Convention 1980 IX. * Conclusion Professor of Law, McGill University; Distinguished Visiting Professor of Maritime and Commercial Law, Tulane University; counsel to Langlois Gaudreau O'Connor of Montreal. The author acknowledges with thanks the assistance of Robert C. Wilkins, B.A., B.C.L., in the preparation and correction of the text. -2- MARITIME LIENS IN THE CONFLICT OF LAWS Prof. William Tetley, Q.C.* I. Preface - Homage to Arthur T. von Mehren I am honoured to contribute to Prof. Arthur von Mehren's festschrift. On occasion, I have leaned upon and even borrowed (with great benefit and I hope with complete citation), his writings and, for example, have...
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...LAW and FREEDOM The purpose of Law and Freedom is to promote freedom under law, as we enter more lawless times. Law becomes tyrannical without freedom, and freedom becomes predatory without law. A free society under law will always be more prosperous and peaceful. There are three threats to the survival of state authority in Britain and Europe. First, economic breakdown. If the state goes bankrupt, the machinery of law disappears. This is the immediate problem. Second, welfare dependence and collapse. This is the underlying problem. Third, ethnic division, particularly between Islamic and non-Islamic society, and the violence at the heart of Islamic doctrine. This is the most visible problem, and the one that people will blame. Together, these three problems risk creating the conditions for lawless violence. Political and intellectual elites are undermining our laws and freedoms. So we need to take what action we can to preserve them ourselves. The Law and Freedom Foundation is not associated with the English Defense League ------------------------------------------------- Law Law is a term which does not have a universally accepted definition,[2] but one definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour.[3] Laws can be made by legislatures through legislation (resulting instatutes), the executive through decrees and regulations, or judges through binding precedents (normally...
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...Cornell Search About LII / Get the law / Lawyer Directory / Get Legal Forms / Legal Encyclopedia / Help Out • • Wex • all pages • articles • español • Inbox Project • search • FAQ Legal systems Introduction: profusion and variety There are hundreds of legal systems in the world. At the global level, international law is of great importance, whether created by the practice of sovereign states or by agreement among them in the form of treaties and other accords. Some transnational entities such as the European Union have created their own legal structures. At the national level there are over 180 sovereign states in the United Nations Organization. Many of these are federal or confederal, and their constituent parts may well have their own law. But, despite this great variety, it is important to begin by emphasizing one great division: that into religious and secular legal systems. Each side of this split holds quite different views as to law, in its source, scope, sanctions, and function. The source of religious law is the deity, legislating through the prophets. Secular law is made by human beings, and one of its most famous examples begins with the words 'We, the people'. It follows from this difference in their source that religious laws are perceived to be eternal and immutable, while secular rules can be changed by their makers. Religious law tells people what to believe as well as how to behave, whereas secular law deals with our external actions as they...
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...technology markets in the world. As far as social issues are concerned, the country has low population growth and fertility rates, leading to an ageing population. Furthermore, the country has a highly qualified labor force, which makes it possible to both produce and commercialize advanced technologies. The country is also well equipped with extensive broadband network and telecommunication facilities. Legal procedures in the country are time consuming and complex, which makes it very difficult for foreign investors. The environmental scenario of the country is characterized by the breach of emission standards, which is reaching unreasonable limits in spite of its relatively small area and population in comparison to other countries. Republic of Korea: Country Analysis Report – In-depth PESTLE Insights © Datamonitor. This brief is a licensed product and is not to be photocopied Published 06/2008 Page 11 PESTLE analysis Political analysis Overview South Korea had a turbulent political past, characterized by frequent changes in government, little political freedom and military coups. However, in 1986 the democratic process was streamlined and the president was vested with maximum power. Due to the centralization of authority, policy making became straight forward. The president is the chairman of all the...
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...technology markets in the world. As far as social issues are concerned, the country has low population growth and fertility rates, leading to an ageing population. Furthermore, the country has a highly qualified labor force, which makes it possible to both produce and commercialize advanced technologies. The country is also well equipped with extensive broadband network and telecommunication facilities. Legal procedures in the country are time consuming and complex, which makes it very difficult for foreign investors. The environmental scenario of the country is characterized by the breach of emission standards, which is reaching unreasonable limits in spite of its relatively small area and population in comparison to other countries. Republic of Korea: Country Analysis Report – In-depth PESTLE Insights © Datamonitor. This brief is a licensed product and is not to be photocopied Published 06/2008 Page 11 PESTLE analysis Political analysis Overview South Korea had a turbulent political past, characterized by frequent changes in government, little political freedom and military coups. However, in 1986 the democratic process was streamlined and the president was vested with maximum power. Due to the centralization of authority, policy making became straight forward. The president is the chairman...
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...NEW YORK UNIVERSITY SCHOOL OF LAW JOURNAL OF INTERNATIONAL LAW AND POLITICS GUIDE TO FOREIGN AND INTERNATIONAL LEGAL CITATIONS FIRST EDITION ● 2006 © Copyright 2006 by New York University Contents FORWARD AND GENERAL INSTRUCTIONS................................................................................................. xiii ACKNOWLEDGEMENTS ......................................................................................................................................xv COUNTRY CITATION GUIDES ARGENTINA...............................................................................................................................................................1 I. COUNTRY PROFILE ..................................................................................................................................1 II. CITATION GUIDE.......................................................................................................................................2 1.0 CONSTITUTION...................................................................................................................................2 2.0 LEGISLATION......................................................................................................................................2 3.0 JURISPRUDENCE ................................................................................................................................3 4.0 BOOKS .....................................
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...The law, nature, sources and importance This discussion is going to focus on a number of issues. Firstly, an outline is going to be given on how the law affects business in a country. From there the importance of business law is going to be deliberated, followed by the nature and sources of law. Finally, a discussion is going to be made on how the law can be improved in a country. The law has many impacts on business. In this discussion the writer discusses three ways in which the law affects business. Generally the law affects business in the following ways: * Protecting the interests of the investors * Protection of the provisions of business contracts * The law regulates the business environment * The law provides guidelines in the employee- employer relations * There are laws on tax * It promotes transparency. Regulating business environment and operations The law provides guidelines and standards in which all businesses must operate. This protects the business from crumpling as much as protecting the consumers. For examples there are laws that require the business to comply with international practices. For example the companies must declare their business deals with the international partners. The government needs to find out if the partnership is in the interest of the investor. Another example of this relates to the need of all business in the country to get registered. In registering businesses certain details are required. This ensures that...
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...MATTEL: A Case Study | October 22 2012 | Case study discussion taken from Stanford’s Graduate School of Business “Unsafe for Children: Mattel’s Toy Recalls and Supply Chain Management” | Rob Breakiron Wenyao Ma Alek Shnayder Jiajie Wang | Contents Introduction 2 Why do companies outsource? 2 What were the primary causes of Mattel’s recall problems? Where these the result of outsourcing? 4 What actions were taken by the principals in the case to address the recall problems? Were these the right actions? Why, or why not? 5 What should Mattel do now? What should governments do? 7 How can accountability be better managed in long, global supply chains? 12 Introduction Mattel, Inc. (NASDAQ: MAT), the world’s largest toy company with over $12.5 billion in revenue, has grown from the little toy company it once was and has certainly come a long way since it was founded in 1945. The exponential world-wide growth has not always come without a hitch. In the late 2000’s Mattel was at a crossroads due to a significant toy recall problem, reaching far beyond the bottom line. During this case write up we discuss what went wrong, whose fault it was, and what can and should be done to not only fix the problem, but eliminate the chance of similar problems for Mattel and other firms in the future. Our case study will tackle the following five questions through in depth discussion: 1) Why do companies outsource? 2) What were the primary causes of Mattel’s...
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...PART A ➢ GENERAL AGREEMENT ON TARIFFS AND TRADE The General Agreement on Tariffs and Trade (GATT), multilateral treaty between governments, was signed in 1947 and came into force on 1st January 1948. Objectives: The primary of GATT is to expand international trade by liberalizing trade so as to bring about all around economic prosperity. The Preamble to the GATT mentions the following as its important objectives: 1. Raising standard of living. 2. Ensuring full employment and a large and steadily growing volume of real income and effective demand. 3. Developing full use of resources of the world. 4. Expansion of production and international trade. For the realization of its objectives, GATT has adopted the following principles: 1. Non-discrimination: the principle of non-discrimination requires that no member country shall discriminate between the members of GATT in the conduct of international trade. To ensure non-discrimination the members of GATT agree to apply the principle of the most favoured nation (MFN) to all import and export duties. This means that each mission shall be treated as well as the most favoured nation. As far as quantitative restrictions are permitted they too are to be administered without favor. However certain expectations to this principle are allowed for instance GATT, does not prohibit economic integration such as free trade areas or customs union, provided the purpose of such integration...
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