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Vol 21 No 11 Nov/Dec 2016

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Business Law in the Global Market Place: The Effects on International Business (eBook)

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ISBN13: 9781136423550
ISBN: 0750660058
Published: February 2006
Publisher: Butterworth-Heinemann
Country of Publication: UK
Format: eBook (ePub)
Price: £31.66 + £6.33 VAT
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The study of Law forms a component of many undergraduate and postgraduate programs. Its inclusion does not aim to equip business practitioners with skill and expertise to render professional legal advice unnecessary, but more to provide a legal framework of reference in which both strategic and more immediate business issues can be placed. Equipping managers with a basic understanding of how law impacts upon business activity can help them avoid legal pitfalls in the first place or at least identify potential problems at an early stage, to avoid inconvenience and cost. International business can present problems that are not present in a purely domestic transaction. Any law component in a management program should embrace it and by doing so the business practitioner can be familiarized with the wider picture in which modern business, aided by technological development, is increasingly practiced. This title shows the legal dimensions in managerial decisions both nationally and internationally. It familiarizes the reader with legal issues from a practical business perspective in plain and jargon-free language. It uses numerous examples to illustrate the legal principles under consideration.

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Subjects:
International Trade, eBooks
Contents:
The legal framework for international Business: Introduction
So what is 'law'?
Chalk and cheese
Family ties
Civil law and common law
Distinguishing features of civil law and common law
Other legal families - Socialist law
Religious law
Making order out of chaos -- the classification of law
The sources of law -- Legislation
Case law (judicial precedent)
Academic writing
European community law
Court systems - England and Wales
France
Germany
International co-operation and the harmonisation of business law - The International Institute for the Unification of Private Law (UNIDROIT)
The United Nations Commission on International Trade Law (UNCITRAL)
The International Chamber of Commerce (ICC)
The World Trade Organisation (WTO)
Summary
The formation of business contracts: So what is a contract?
Compliance with any required formality
Offer and acceptance - The offer
Termination of the offer
The acceptance
Capacity of the parties
Consideration
Contractual intention
Absence of any factors which might undermine the contract's validity - Mistake and misrepresentation
Duress
Illegality
Summary
The structure and content of business contracts: The express and implied terms of a contract
Certain aspects relating to a contract for the sale of goods -- Ownership
Description
Quality and fitness for purpose
Delivery
'What if?' and standard terms of business -- Price
Passing of ownership
Delivery times
Summary
Non-performance of contractual obligations: Change of circumstances making performance of the contract impossible
Remedies for breach of contract - Specific performance
Rescission
Damages
Summary
Legal forms of business organisation: Introduction
The sole proprietorship
The general partnership - Under English and American law
Under French law
Under German law
Partnerships where some or all of the partners' liability is limited - Under English and American law
Under French law
Under German law
The company with limited liability - Under English law
Under French law
Under German law
Groups of companies
The management and control of limited companies
Summary
Legal aspects relation to the international marketing of goods and services
Introduction
Establishing a presence in the export market - The appointment of a self-employed agent in the export territory
The appointment of a 'sole' or 'exclusive' distributor
Opening a branch office or forming a subsidiary in the export territory
Establishing a joint venture with a local partner
Licensing and franchising agreements
Promotional and marketing strategies
Product liability -- Contract
Tort
Protection of intellectual property -- Patents
Copyright
Trade marks
Competition law - Articles 81 and 82 of the Treaty of Rome
Enforcement
Summary
Export contracts and associated financing arrangements: Introduction
Forms of export contract - F.o.b. (free on board)
F.a.s. (free alongside ship)
C.i.f. (cost, insurance and freight)
Payment in international sales - Collection arrangements
Letters of credit
Summary
International business disputes and their resolution: Introduction
Methods of dispute resolution - Mediation and conciliation
Arbitration
Problems associated with international litigation -- Jurisdiction
The law governing the contract (the 'proper' law)
Enforcement of court judgments
Summary
Index.