International Legal Environment of Business
Chapter 9 in the Book
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Definition:
Dimensions of International Environment of Business
Methods of Engaging in International Business
Risks of Engaging in International Business
Global Dispute Resolution
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Dimensions
1. Political Dimension
2. Economic Dimension
3. Cultural Dimension
4. Legal Dimension
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Methods of Engaging in International Business
1. Trade
2. Licensing & Franchising
3. Foreign Direct Investment
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Risks of Engaging in International Business
1. Expropriation of Private Property
2. Sovereign Immunity Doctrine
3. Export &Import Control
4. Currency Control
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Global Dispute Resolution
1. International bodies
2. Arbitration
3. Litigation
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Alternative Tools of Dispute resolution
Chapter 4 in the book
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Definition:
Resolving Legal disputes by using methods
other then litigation or methods that are
short of litigation
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Some Common ADR methods
Negotiation & Settlement
An Alternative dispute resolution method in
which the disputant parties come together
informally to try to resolve their difference.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Arbitration
A dispute resolution method whereby the
disputing parties submit their agreement to a
mutually agreed-upon neutral decision maker.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Mediation
An Alternative Dispute resolution method in
which the disputant parties select a neutral
party to help them reconcile their differences
by facilitating communication and suggesting
ways to solve their problems.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Mini trials
Early neutral case Evaluation
Private Trials
Summary Jury Trials
Court Annexed ADRs
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White Collar Crimes
Chapter 7 in the book
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Definition:
The US Department of Justice defines White collar
crimes as, “nonviolent crime for financial gain
committed by means of deception by persons whose
occupational status is entrepreneurial, professional or
semi-professional
and
utilizing
their
special
occupational skills and opportunities; also, nonviolent
crimes for financial gain utilizing deception and
committed by anyone having special technical and
professional knowledge of business and government,
irrespective of the person’s occupation”.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
So if we put it in simple words it can be defined as
crimes committed by individual who have gained
expertise in a certain field, by using their special
information or training, can be considered as white
collar crimes.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Prominent White Collar Crimes
Bribery
Criminal Fraud
Defalcation
False Entries
False Token, False Document etc
False Pretense e.g. worthless check
Forgery
Fraudulent Concealment
Larceny
Embezzlement
Computer Crimes
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Law of Contracts
Chapter 10
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
ELEMENT IN A CONTRACT
1. Legal Offer
2. Legal Acceptance
3. Consideration
4. Genuine Assent
5. Competent parties
6. Legal Object
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
CLASSIFICATION (KINDS) OF CONTRACTS
1. Express and Implied Contracts
2. Unilateral and Bilateral contracts
3. Void Voidable and Valid
4. Executed and Executory contracts
5. Quasi Contracts
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Product &Service Liability
Chapter 13
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Definition:
The obligation of a company to make restitution for loss
related to personal injury, property damage or other
harm caused by its product or service is known as
product or service liability.
Products liability refers to the liability of a
manufacturer or seller for injury caused by his product
to the person or property of a buyer or third party.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Negligent failure to warn
That means the manufacturer or the service provider
did not provide a proper warning for the use of his
items. A good example of this would be toys industry,
where we see signs saying the toy is not appropriate for
children under the age of 3 or 4. Same kind of warning
you can find on the back of Key boards of computers
where it is said that too much use of the key board might
cause muscular pain. Nearly every item you can find on
shelves in the market contains some form of warning
attached to it. It is good for the use of consumers and
provides adequate warning for the use of items.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Negligent provision or an inadequate warning
These are cases where you can find warnings on items
but the warning is inadequate or insufficient. For
example warnings contained on electronic appliances,
they are there but sometimes not sufficient. Even in the
cases of drugs and medicines. Sometimes the consumers
need more warning then what is there on the product.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Negligent design
This happens where the manufacturer or provider does
not design an article properly. For example cars without
proper brakes would be considered a negligent or faulty
design. When things are not properly designed for the
purpose they are supposed to serve they would be
considered as a negligent design.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Negligent manufacture
In this case the design might be the same or right but
due to mass production or any other reason involved in
it, the manufacturing process has not been done
properly. There is negligence involved in the production
of items. For an example the design of car can be perfect
and everything can be in place in the designing stage but
when it goes to production the manufacturer forgets to
put in all the parts as required by the design.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Negligent testing or failure of the test
This happens when people do not properly check the
items they are making. Testing is a very important
process in the field of producing. Companies keep on
checking medicines for years and years before they
launch it in the market. The reason for putting so many
efforts in testing is to be sure if the product works in the
manner in which it is supposed to work.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Negligent advertising
Recently lots of companies have adopted bad business
practice of advertising wrongly their commodities. They
present a wrong picture of the item or the service they
are providing, which is either deceptive or is not true at
all. A company might say that you can use a certain
washing machine for cleaning and you may also use it
for cooking food afterwards, which may not be true for
that product. People may buy it considering it as a
multipurpose object but would be disappointed to know
that it is not serving all the purposes that the
advertisement said.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Law of Torts
Chapter 12
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Definition:
An Injury to another person or Property; Civil Wrong.
Torts cases are commonly referred to as personal
injuries, although a case may only harm solely to a
property.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Punishments or Damages available in law of torts
1. Compensatory damages
Compensatory damages are designed to make the
victims whole again, that is to put the victim in
position where he should have been if the tort had
never happened.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
2. Nominal damages
It is to recognize that the plaintiff has been wronged.
A nominal additional punishment is also imposed on
the respondent other then compensation.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
3. Punitive damages
It is to punish the defendant. The severity of the
wrongdoing is determined
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Classification of Torts
Intentional Torts
1.
AGAINST PERSON
(i)
Assault and Battery.
ASSAULT: Intentional placing a person in fear or
apprehension of immediate, offensive bodily
contact.
BATTERY: Intentional, unwanted, and offensive
bodily contact.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
(ii) Defamation
Intentional publication (communication to a third
party) of false statement that is harmful to the
plaintiff’s reputation.
Libel: Publication of a defamatory statement in
permanent form.
Slander: Spoken defamatory statement.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
(iii) Appropriation
A privacy tort that consists of using a person’s
name or likeness for commercial gain without the
person’s permission.
(iv) Invasion of privacy
Privacy torts that consists of encroaching on the
solitude, seclusion, or personal affair of someone
who has the right to expect privacy.
a) Intentional infliction of emotional distress.
(v) False imprisonment
Imprisoning or restraining a person without the
right to do so.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
2.
Against Property
(i) Trespass to Real property (Reality)
Intentionally entering the land of another or
causing an object to be placed on the land of
another without the landowner’s permission.
(ii) Trespass to personality
Intentionally exercising dominion and
control over another’s personal property.
(iii) Conversion
Intentional permanent removal of property
from the rightful owner’s possessions and
control.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
3.
(i)
Against Economic Interest
Disparagement
Intentionally defaming a business product or
service of a company.
(ii) Intentional Interference With a Contract:
Knowingly and successfully taking action for the
purpose of enticing a third party to breach a valid
contract with the plaintiff.
(iii) Unfair competition
Entering into business for the sole purpose of
causing a loss of business to another firm.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
(iv) Misappropriation of ideas.
Use of an unsolicited idea for a product, service,
or marketing method without compensating the
originator of the idea.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Negligence Torts
Failure to live up to the standard of care that a
reasonable person would meet to protect others from
an unreasonable risk of harm.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)
Strict Liability
Where the defendant is engaged in an activity which is
inherently dangerous under the circumstances and no
amount of due care can make it safe.
(This is just a detailed syllabus for you to follow, please do not use it as a handout; Books are better in all cases)