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Apr 27, 2023

International Business Law

Assignment task: Demonstrate your knowledge of analysis of corporate internationalisation and the challenges of operating across borders.

Learning outcome 1: Demonstrate understanding of issues in international business law and evaluate the scope and the ways in which business is regulated in a global economy, understand, and analyse contract and tort law.

Learning outcome 2: Critically consider the law that governs international contractual relations conducted and concluded electronically across borders and over distances.

Learning outcome 3: Consider and analyse the ways in which international business law seeks to align and enforce national intellectual property protection mechanisms.

Learning outcome 4: Critically analyse the regulation of international corporate behaviour and corporate culture in a globalised economy.

Task requirements: Read carefully the cases and answer the questions:

Part 1: The below scenarios will align with Learning Outcomes 1 & 2 (you are expected to write a maximum of 1500 words):

1a) Ellie, who lives in Paris, emailed Memoona -an acquaintance who owns an art gallery in London- a picture of an old painting which was left to her by her grandmother, who also lived in London. Ellie is interested in selling the painting as soon as possible. Memoona thinks that it might be by Rembrandt but is not sure. Memoona offers £5,000 for the painting. Ellie, who will travel to London that week, sends a text message accepting Memoona`s offer, to be paid in exchange for the painting next week. The evening before the transaction occur, Ellie shows the painting to Herve, who is an art critic. He recognises the painting and assures this is a Rembrandt. It may be worth up to £500,000. The following day Ellie refuses to hand it over to Memoona for the agreed price.

a) State and discuss the specific legal issues in scenario 1a) that arise between Memoona and Ellie in the above transaction.
1b) Memoona decided to put on an art exhibition at the gallery, to be held on the 2nd of January 2022. She contracted with Eric Suppliers Ltd to install a new heating system, and to paint the entrance hall in the gallery, at a total cost of £10,000. Both works had to be completed by 27th December 2021. Eric completed the installation work by 26th December 2021 but could not complete the painting until the 1st January, 2022.

As a result of Eric using the wrong type of paint, horrific toxic smells emanated through the main hall of the gallery. Memoona became furious, anxious, and extremely disappointed when she realised that it would be very difficult to hold the exhibition at her gallery. She phoned another gallery to find out if the exhibition could be held there instead.
, she received no reply. She could have held the exhibition in the gallery basement but due to space restrictions there that would have meant she could have only accommodated some 50 guests (as opposed to the original 200 invited guests). Instead, she decided to cancel the whole exhibition.

b) In scenario 1b) Memoona has refused to pay Eric because of the defective painting. Advise Eric of what to do using relevant legal principles.

c) Memoona has now decided to sue Eric for the loss of income in the sum of £500,000 as a result of the cancellation of her exhibition. Advise Memoona of the specific legal issues in this matter and what may be the likely outcome.

Part 2: The below scenarios will align with Learning Outcome 3 (you are expected to write a maximum of 750 words):

Hiades Ltd, a UK based company, has developed a very innovative technological solution that unifies all the operative and administrative systems with an easy-to-use interface adapted to all pilotage requirements. The software is being used by several European Port Authorities. In Europe, software is usually copyrighted, but Hiades would like to expand to the USA. However, in the meantime, Hiades found that their software is being used by some companies without any license.
a) Critically analyse the different types of protection for the software and advise Hiades how to obtain the best possible protection for their software worldwide.
b) Advise Hiades about their options using relevant legal Intellectual Property principles.

Part 3: The below scenarios will align with Learning Outcome 4 (you are expected to write a maximum of 750 words):

Death Star Group, Ltd is a multinational company operating in the aerospace industry. While the company considers the carbon intensity of their business to be low, they have been publishing greenhouse gas emissions data for a number of years to meet regulatory requirements. At the last AGM, shareholders filed a resolution requesting that Death Star Group, Ltd disclose more information on the risks of climate change to their business and the financial impacts associated with these risks in the next annual report.

As other companies in the aerospace sector have not disclosed this information, the company is concerned that publishing these figures will draw negative attention to the business, as they may be perceived to be more vulnerable in the market. The reporting team have also expressed concerns over the quality of the information you currently have available, as the company have not undertaken a specific climate risk assessment.

a. State and discuss the specific legal issues that arise in the above scenario. Advice Death Star Group, Ltd about the convenience of disclosing the risk and financial impact information investors are requesting alongside its legal and reputational implications.

Formative Activities Week One

1. Does an offer exist in the following circumstances?
a. John puts a teddy bear wearing a price ticket in her shop window.
b. Fatima distributes flyers stating ‘Cheap Offer: 10% off the cost of all our pizza`
c. Denisa advertises a reward of £50 for the return of her lost bracelet.
d. Valentina returns Denisa`s bracelet and then discovers that a reward was offered.
2. Tarjah offered to sell her car to Teodora for £3,000;
a. Is there valid acceptance if Teodora claimed the car`s value is only £2500 which she is ready to pay immediately?
b. Can Teodora make any claim if she had accepted the offer of £3,000 if Tarjah the Offeror is 17 years old?
c. What is the position of the law if Teodora made the offer at a pub shortly before being asked out for being too drunk?
d. Teodora has decided to return the car 7 days after buying it because she got another car as a birthday present. Can she validly return the car under any Law particularly The Consumer Rights Act?
3.What is the legal position in the following cases?
a. Uretha sent a letter to Sophie offering to sell her wristwatch. Sophie replies accepting, but his letter is lost in the post.
b. Will the offer of Uretha to sell her wristwatch been any different in law if the offer were to be to her husband who accepted the offer but has refused to make payment?
4. Is there any difference between:
a. duress and undue influence?
b. Mistake and misrepresentation?

Formative Activities Week Two
1. One of your friends, Mihaela won a5-year contract to supply 5000 litres of edible Sunflower oil to GBS Limited in 2021 at a specified rate. Due to the ongoing war in the area, Mihaela can no longer get supply as before and the few she gets now are at exorbitant price. Mihaela has approached GBS for price review, but GBS said no and insist on relying on the terms of the contract. Now kindly advise parties on the following issues:
a. Discharge of Contract
b. The remedies available to parties to a contract
c. Remedies not covered by the Common Law

2. There was an argument between Tom and Jack on how agency can be created. Tom an estate agent claims it can only be created by a well written agreement, but Jack disagreed saying he is an agent for his father-in-law`s estate and has no written agreement. Jack says, agency cannot even be terminated. You have been approached for advice on how agency can be created, types of agencies and how it can be terminated.

3. Under what types of authority do the following agents act?
a. Denny, who was asked by Pinar to take Pinar`s DVD player to be repaired.
b. Ellie, who was asked to drive Herve`s car to the airport to collect Herve`s business client and had to buy petrol as the tank was almost empty.
c. Segun, while in GBS`s employment in a jewellery shop, always collected necklaces from the wholesalers Sparkles, once a week. He is dismissed by GBS but the following week collects the neckless from Sparkless as normal. Sparkles have not been told that Segun is no longer working for GBS. Segun disappears with the neckless. Advise GBS of its rights to refuse to pay for the necklaces.

4 i) Emmanuel your childhood friend has a tailoring business and has decided to register it as a company; Emmanuel Tailoring Company Ltd. He has some financial difficulties and has approached you and others to issue shares to you, BM, Shoba and Cynthia. Kindly advise Emmanuel on the following issues:
a. The various categories and classes of shares
b. The rights attached to the various classes of shares.
ii) Emmanuel Tailoring Company Ltd has not been able to generate enough money from the shares and is contemplating taking loan for the company from different sources but he is insistent on issuing Debenture Stock.
Kindly advise if the company can issue Debenture Stock.

Formative Activities Week Three

1. Williams astaff of GBS was seconded from the Greenford headquarters (UK) to the Dubai Centre to cover Shwe who is on maternity leave. During his last vacation in Spain with his family, he went into negotiation on the purchase of an hotel which he believes will make him more money than his present career at GBS. He has been holding series of meeting with Rasel, the Chief Executive of Vendemos Un Hotel Limitados and Nengi theAdmin Director. Based on the stage reached in the negotiations, Rasel and Nengi have travelled to London to meet Williams with the latest valuation report of Lapinada International Resorts and Hotels and have even incurred cost paying some tax and rates as demanded by Williams during their last Zoom meetings.
Williams has blocked Rasel on phone when he was told they have been expecting him at the Hiltons Towers Hotel for the signing of the paperworkpursuant to the release of payment instrument. He however picked Shwe`s call and confided in Shwe that he dreamt of winning lottery but since he has not won it, he was only catching his fun. Rasel is fuming but has contacted you for advice on the following issues:
i. Analysis of the court that should have jurisdiction (English, Spanish or UAE Courts)
ii. Could the jurisdiction be somewhere else had they inserted the Choice of Law clause in their agreement
iii. Shwe muted the idea of Lex Mercatoria to Rasel who now wants you to tell him about it and also wishes to know if it is codified.
iv. Williams claimed everything was at the pre-contractual level and thus he was not bound to honour the agreement reached at that stage despite having a Letter of Intent in place. How far is this correct?
v. The LOI signed stipulated among other things marketing exclusivity to Williams and a timeline within which payment must be made. Does this make any difference?
vi. Does the issue of bad faith arise at all?

2. Shwe has called Rasel to inform him of hearing about something called ADR. Rasel wants you to :
a. explain the term ADR to him and also advise on the various methods of ADR available
b. explain suitability of the various ADR methods to tackle issues he has with his wife Mary
c. explain the benefits and limitations of Arbitration.

3. At the Hiltons Towers where he was lodged, Rasel saw some of his artworkswhich carried the signature of another upcoming artist on it.He has asked you to advise on the following: how to protect Intellectual Property and the rights accruable to the right owners and for how long he has to enjoy it even in death.

Formative Activities Week Four

1. What is meant by the followings:
a. Organizational Culture
b. Corporate Social Responsibility
c. ESG & CSR: Government Regulatory Framework
d. ESG Reporting Framework

2. Albert bought a Rolex wristwatch for the Jack the Executive Director of Clept& Pilf Ltd to be registered for the maintenance contract of their organization. Jack assured Albert of doing everything to influence the 5 years maintenance contract for Albert in return for just 10% of the contract sum to be paid into his step-daughter`s account.
In view of the above, discuss the following issue as it relates to company
a. Bribery and Corruption including established instances.
b. Are there any legal framework and institutions under which Jack and Clept & Pilf could be scrutinized for any wrongdoing and possibly brought to book?
If Albert uses some Asylum Seekers from a war-torn country as staff. He helps these people by housing the 8 of the staff in a studio flat where they only walk 40 minutes a day to get Clept & Pilf. He gives them £25 after clocking in 8 hours of labour maintaining Clept & Pilf.
Will the issue here still bother on corruption or are there any other rising issues in the above scenario? Kindly discuss and see if any of these asylum seekers can be protected under any Law of United Kingdom?

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