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Business Law in the Global Market Place


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Table of 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.


Making it all easier to understand is the whole point of this book. Nayler, an associate professor and senior lecturer in law at ESCP-EAP European School of Management in London, wrote this textbook as an introduction to how law affects international business.DC Velocity, Barrington, IL, December 2006

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