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Business Law_Element 1&2 overview (Choice of law and venue (where…
Business Law_Element 1&2 overview
Choice of law and venue
where should the case be heard (venue)
agreement
2xDK: administration of Justice Act
2xEU (two danish parties): EU Judgement Regulation
DK+%EU: Administration of Justice Act
which rules should govern the contract
contract
CISG (if both companies come from countries that have joined the CIGS)
Act on the law applicable to international sales of goods
EU convention on choice of law
pros/cons: courts, arbitration, mediation
CISG (focus area B+S - buyer or seller)
chapter 2
is there a binding contract
can they withdraw an offer
chapter 3 (about fulfilling a contract):
defects/delay => fundamental? (always use CIGS art. 25 to find out if it's a fundamental breach)
Discuss remedies
do we have a breach of contract?
(note: delivery - passing of risk)
Remember:
notice period
nachfrist
force majeure
Transportation law (Focus: carrier and Bors)
CMR: Road transport -> international + mandatory
Sender is liable for the content of the way bill
type of products
weight
etc
Sea act
place of delivery = DK or handover in DK, S, N, Fin
SDR = special drawing rights
Liability maximum
CMR: 8,33 SDR per kilo
Sea Act
666 SDR per unit
or 2 SDR per kilo
Incoterms 2010
Identify + use!
Suggest (like in the mock exam 2018)
seller: EXW
buyer: DDP (if you represent the buyer you always use DDP bec. you use the most attractive terms for the buyer)
General terms
comment on terms
suggest terms/changes
battle of forms
Who are you? -> identification (are you the seller or the buyer?)
Securing payment
new customers -> make recommendation
pros/cons retention of title -> or give alternatives (inspiration PP)
Public tenders
Identify!
violations of basic principles (transparency, equal treatment, etc)
suggest an open/restricted/flexible process
what should the authority consider? (threshold values, at least 2 offers, etc)
Distribution
you want to enter a new market -> how?
you have a number of franchisees - I think your logo is ugly
you want to get rid of a commercial agent (there are mandatory notice periods, and com. ag. are entitled to get compensation)
comment on a contract with a commercial agent