------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- INTERNATIONAL BUSINESS LAW ------------------------------------------------- BUSA 391 – SUMMER 2010 Prepared For: Professor Leslie Beck By: Gabriela Popescu ID: 260224311 June 17, 2010. Six months ago, Antiques R Us (a Canadian corporation) entered into a contract with Yankee Antiques (an American company) to purchase “a desk used by George Washington himself after his retirement from the Presidency”. The sum of $500,000 was to be paid to Yankee Antiques after 30 days of …show more content…
For each separate scenario identified, a suitable course of action has been constructed that best encompasses the strategy stated above. Preliminary Step The authenticity of the desk is the first issue that needs to be resolved: the validity of the contract is contingent upon this sole factor and any following measures to resell the desk cannot be made without proof of authenticity. However, before any tests can be conducted, Antiques R Us must, in good faith, fully disclose the situation and their thoughts on the matter to Yankee Antiques. In trying to maintain good relations with the valued supplier, a letter should be made in writing to Yankee Antiques outlining the doubts and concerns raised by the third party and ask them to provide proof of authenticity. This crucial preliminary step is justified by the following reasons: 1. Full disclosure acts as a letter of intent in this situation; it explains that Antiques R Us still has faith in Yankee Antiques, but that pursuant to the terms of our contract and the request of our client, we have no choice but to require proof of authenticity. In attempting to honour the contract, any delay in performing our obligations will not be made in bad faith. 2. If the situation is brought to court, Antiques R Us has proof that an attempt was made to inform Yankee Antiques about the authenticity issue. 3. If
Mr. Potbelly and Mr. Slim Jim are two competent people who voluntarily entered into an agreement for the purchases of the pottery and the home. Mr. Potbelly presented Mr. Slim Jim with the original offers and Mr. Slim Jim counter counter-offered within reason of the asking price. The conversation had between Mr. Potbelly and the other individual should not be grounds for him
In the second story that I’ve read called Museums Preserve the Cultures of The World says that “sometimes museums agree that it is appropriate to return these items, but sometimes the other museums don’t return the items back to the right museums that
to Mark Grossman. Andre Lopoukhine had possession of the painting and sold the painting to Mark Grossman. Andre Lopoukhine then did not make payment to Morgold Inc. Mark Grossman did not know that Andre Lopoukhine was not going to make payment to Mark Grossman. He purchased the painting as a good-faith purchaser. A good faith purchaser is someone that did not know that an item belonged to some else and paid fair market value. (Kubasek, Brown, Herron, Dhooge, & Barkacs, 2015, p. 280)
More evidence is shown in the passage, “A Case in Antiquities for ‘Finders Keepers’” paragraph 15, “Scientist and curators have generally supported the laws passed in recent decades giving countries ownership of ancient ‘cultural property’ discovered within their borders.” This evidence shows that some people like travelers are on a mission to discover something new and if they find an ancient objects from the past they should have the right to bring it back and spread this cultural religion and ancient artifact. Lastly, evidence is shown in the passage, “Vision of home: Repatriated Works Back in Their Countries of Origin” paragraph 2 and 3, “The Getty, which had bought the statue in 1988 for $18 million, returned it to Italy in 2011 after Italian prosecutors found that it had been
1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer.
1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.
case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.
3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.
In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.
Please answer the questions posed at the end of each case study in essay form. Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions.
Mentor's government case is in light of area 43(a) of the Lanham Act, 15 U.S.C. Sec. 1125(a) (1988), which gives a common activity for the individuals who accept they have been harmed, or are prone to be harmed, by the utilization of a "bogus assignment of beginning" on a decent or administration. In spite of the fact that authorized as a feature of the Trademark Act, this procurement capacities as a government law of uncalled for rivalry for unregistered merchandise. Area 43(a) stretches out assurance to an item's "exchange dress"- - the aggregate picture of a decent as characterized by its general organization and outline, including size, shape, shading, composition, and illustrations. See Stormy Clime, 809 F.2d at 974. For this situation,
Yardley could not win because he made an assumption about what the desk was made of since Noble did not specify. Yardley made a unilateral mistake, which cannot be used to get out of a contract. Noble did not intentionally misrepresent the desk since all he said was that it was a desk.
An upcoming meeting with your new company's chief executive officer (CEO) and other executives is a great opportunity for you to share your knowledge of potentially defective products being sold to customers. You are not sure if others are aware of this issue, and the defective products could possibly lead to serious injuries. To complicate matters, you are uncertain about your organization’s ethical guidelines because none have been communicated (AIU, 2011).
Area of Research Interest - Sadly, terrorism now permeates everyday life around the world, and the intensifying impact of terrorism on international business is a phenomenon with implications for both theory and practice. My area of research study is how international businesses apply past terrorism experience creating organizational resilience to absorb, endure and bounce back from future terrorist attacks.
The gini index is a measure of statistical dispersion, a measure of the inequality of a distribution, 0 being total equality and a value of 1 maximal inequality. It is most commonly used in economics to assess the inequality of wealth or income, but is also used in other fields such as health, science, ecology, chemistry and engineering. Gini coefficients range from 0.23 (Sweden) to 0.70 (Namibia), but not every country has been assessed.