International Busoness Law - copy
What is Private International Law ?
A set of rules that determines which country's laws should apply in cross-border disputes.
What are cross-border disputes ?
Conflicts or disagreements that involve parties from different countries.
What are applicable law:
The laws of the country that are deemed to govern a particular case.
What is the scope of international business law ?
1) Determining the applicable law: Identifying which country's laws should be used to resolve the dispute.
2) Establishing the jurisdiction:
Deciding which country's courts have the authority to hear the case.
3) Recognizing and enforcing judgements:
Ensuring that court decisions made in one country are recognized and enforced in anither country.
What is "jurisdiction" ?
Jurisdiction is the power a court has to hear and decide a case.
What is recognition and enforcement ?
The process of ensuring that court decisions made in one country are recognized and enforced in another country.
What is the scope of PIL ?
It ensures fair and predictable outcomes when conflicts cross borders.
What is the Brussels I Regulation ?
The Brussels I Regulation regulates which court should the case (civil and commercial matters) be heard in.
However it excludes: -Criminal cases. -Family law matters.
What is the Rome I Regulation ?
It applies to determining which country's law or rules should be applied to a contractual dispute.
How does the Rome I Regulation compromises the choosen rule ?
The Rome I Regulation starts off with: -giving the freedom of choice (by letting countries decide what law wiuld be choosen) and -objective rules (to find an agreement).
When to use each of these laws (for the Rome I Regulation)?
1) Freedom of speech (when parties explicitly agree on a governing law).
2) Objective rules (when parties do not specify a governing law).
How does the free movement of goods support the creation of a single market within EU ?
It eliminates additional taxes and limits on goods as they move between EU countries.
What id Custom Union ?
It's the same customs duties to goods imported into their territory from the rest of the world.
Ehat is Common Customs Tariff ?
The same tax assigned to the customs union goods.
Private international law deals with conflicts of laws involving foreign..
elements
Private International Law applies the appropriate law by determining which ... legal system should be applied.
conflicting
What does private international law determine the jurisdiction of national courts to hear ?
Cross-border disputes
Private international law addresses the recognition and enforcement of foreign ...
judgements
What are the steps in resolving cross-border disputes under the Rome Regulations ?
1) Identify the governing European regulation.
2) Determine the apllicable law based on the regulation.
3) Apply the law to the dispute.
4) Resolve the conflict in accordance with the regulation.
What are the three main questions that Private International Law seeks to answer ?
1) Jurisdiction: which court can hear the case.
2) Applicable law: which country's law applies.
3) Recognition and Enforcement of foreign judgements.
What is a third party right?
A third party is the full protection of goods without any ownerships.
What are the four main duties of the seller under the CISG ?
1) Deliver the goods.
2) Confirm to the contract.
3) Free from third-party.
4) Hand over document.
Explain each duties ?
1) Deliver the Goods: The seller must provide the agreed-upon goods to the buyer.
It includes: Location and time
2) Conform to the Contract: The goods must match the contract specifications.
It includes: Quality, Quantity and Description
3) Free from third-party: The seller must ensure that the goods are free from third-party claims.
it includes: No outstanding liens, no ownership disputes.
4) Hand over documents: The seller must provide necessary documents to the buyer.
It includes: invoices, certificates of origin or shipping documents.
When does the CISG apply ?
It applies when:
1) The parties have their places of business in different countries.
2) Both countries are contracting states to the cisg.
3) The contract is for the international sale of goods.
Does CISG apply to tangible goods ?
Yes. In this context, tangible items are goods that are sold or traded between businesses.
Why aren't ships under CISG's application ?
Because ships are treated in law similarly to real estate.
What is Preponderant ? How is it determined ?
Preponderant refers to the main portion of the obligations in a contract.
It is determined by a quantitive test:
A) If the value of the goods is greater than the value of the services, the preponderant part is the goods and the CISG applies to the contract.
B) If the value of the services are greater than the value of goods, the preponderant part is the services and the CISG does not apply.
What does the CISG govern and don't ?
The CISG only governs goods between businesses. It concerns: contract problems and not injury problems.
Name one case where the CISG might be applied when it shouldn't be ?
The Pass-the-Bill rule: If your customer gets hurt and you have to pay them, you can use the CISG to make your supplier pay you back.
The CISG steps in because the core problem is a failure of the contract between you and your supplier.
What does the CISG govern and not ?
It doesn't govern:
1) Contract validity or property transfer: doesn't deal with who owns the goods. Plus, if the contract was forced or not, is not governed still be the CISG.
2) Personal injury or death: Defective product causes someone to be injured or killed, the victim's claim for that injury is a matter of product liability law (tort law), not the CISG.
Except for the Pass-the-Bill rule.
What it governs:
When and only when, the good didn't match the quality recquirements as stated in the contract.
What is a fundamental breach ?
A fundamental breach concerns huge mistakes in a contract.
What are the 3 types of Breach ?
1) Any Breach: any failure to perform an obligation.
2) Fundamental Breach: A breach that causes a detriment so substantial it deprives the other party of what they were entitled to expect under the contract.
3) Breach after additional time: For a non-fundamental breach, the injured party can grant an extra period of time for the other side to perform.
What are the remedies for each Breach ?
1) Any Breach: You can always claim damages (money for your losses).
2) Fundamental Breach: You can declare the contract avoided (terminate it) and clail damages.
3) Breach after an additional period: (You can give the other party an extra, final deadline to perform. If they fail to meet this new deadline, you can then avoid the contract).
What is the one remedy that is available for any breach of contract ?
Damages. A claim for monetary compensation is always available.
What is the difference between a "breach" and a "fundamental breach" ?
A breach is any failure to perform. A fundamental breach is a specific, severe type of breach that "substantially deprives" the other party of their contractual expectations and gives them the right to terminate the contract.
Create a visual summary of breach and its remedies ?
• Breach Occured =>
• Classify the Breach (Fundamental or Minor) =>
• Choose your remedy (Damages, Avoidance, Performance..) =>
• If Damages is chosen =>
• Calculate the amount (Using Foreseeability and Mitigate rules).
Explain the Foreseeability and Mitigation rules:
There are legal doctrines that define and limit how the remedy of damages is calculated. They answer the question: " Okay, you can get the money but how much".
The Foreseeability: This is the cap or limiter on damages: You can only claim losses up to the amount the other party could have predicted.
The Duty to mitigate: Reduction Rule.
If you, the injured party, could have reasonably reduced your loss, but didn't, we will deduct the amount you could have saved from your damages award."
How to know if the CISG is applied ?
Ask yourself: 1) are they both 2 contract states ? 2) is it a sale of goods ?
How to know if the CISG is excluded ?
When a country already chooses another country's law.