GMDGBS206 International Business Law Assignment Sample

Introduction Of International Business Law

Maintaining uniformity and certainty is an essential context that can be obtained by establishing legal administration and its strict monitoring is required for protection against biased, dishonest, and arbitrary decisions. This study emphasizes three cases based on the legal issues and the mitigation of the issues has been discussed while considering the addressed issues. “International Business Law”, “Contract and Tort Law”, “Intellectual Property Law”, and “Trade Regulation have been discussed in this study in light of the mentioned cases. The legal convention of business practices while maintaining the rules and regulations is the major concern that must be prevailed with a significant roadmap. This study provides important information regarding the operating system of “different legal systems” in “different countries” and this is the major outline of “International Business Law.

Don't let assignment stress get the best of you! Trust New Assignment Help for all your academic needs. Our dedicated team offers exceptional assignment writing services in the UK, ensuring your success. Browse through our free assignment samples for valuable insights.

Part 1 a)

1.1 Discussion on Legal Issues

The legal issues have been raised in Scenario 1 a, which portrays the promise of selling an old painting that has not been kept. Ellie lived in Paris and wanted to sell the painting to Memoona, who owns an art gallery in London. Memoona possessed doubts that the painting is painted by the famous artist Rembrandt and being unable to identify the painter, Memoona proposed to buy the painting for £5,000 and Ellie agreed to this contract. Later, Ellie asked about the price of the painting to Herve, who is an art critic and he recognized the painting as it was painted by Rembrandt and confirmed that the price of this painting can be charged up to £ 500,000.

The legal issues associated with this case indicate the misinterpretation of the Contract law and also possess the misunderstanding regarding the rules and regulations of the "sale of goods". The initial agreement which has been conducted between Ellie and Memoona has been considered a contract. The offering of price and the acceptance of the same has been conducted in the text message and this portrays that a valid agreement between both these parties has been constructed. The agreement confirmed regarding the sale of the painting has been demolished when Ellie came across regarding the actual value of the painting.

The refusal of Ellie to sell the painting to Memoona considers the presence of a “breach of contract” in this case. It has been accepted that Memoona may claim regarding the breaching of the contract by Ellie as she did not agree to sell the painting even if she has promised to do so through conducting an agreement. Besides the issue of holding a “breach of contract”, the consideration of misinterpretation has also been aligned as a legal issue in the context of this scenario. When Memoona saw the painting, she was not sure about the painter of the picture which lead to misinterpretation and less offering of the price for the painting.

The major concern regarding the misinterpretation was Memoona was in a misconception, however, she offered a price, and Ellie without clearing the doubt agreed with the contract. In this regard, Ellie possessed a certain misguidance for dealing. The constituted misinterpretation has continued in the consideration of the contract and as Ellie was silent regarding the deal about the actual price, it has not been understood the actual motive of Ellie. There is a possibility of not being sure about the actual value of the painting and otherwise, it can be concluded that by intention she pretended to not disclose the actual value and ask the value from the other end.

The case associated with this study portrays the dilemma regarding valuing the painting and the misinterpretation of the actual value. As per the “International Business Law” global justice is supposed to be maintained and is essential for helping the development of knowledge and areas that are common in multicultural contexts (Nambisan et al. 2019). The disputes associated with the breaching of the contract are of different dimensions and among different types of breaching of contract such as "anticipatory, actual, minor and material”, the one considered in this case has been inclined towards anticipatory perception (Anand et al. 2021).

Apart from these constraints, regarding the “Sale of Goods Act, of 1979” the rules of “sale of goods can be applied in this scenario. As this case has been justified as a part of business the implementation of considering the painting as good has been justified as well. Hence, in the case of the painting, it can be concluded that if the painting was not of Rembrandt, then Memoona could charge for the damages faced against Ellie.

Part 1 b)

1.2 Legal Advice or Council to Eric

The issues associated with this scenario portray a breach of contract due to not meeting the promises and contract held before. Memoona has contracted with Eric Suppliers Ltd for conducting two tasks with perfection and within the deadline of 27th December. Out of two tasks, only one has been conducted perfectly within time and the other has been completed on 1st January. The deal was finalized between Memoona and Eric Suppliers Ltd to install a new heating system for the art exhibition at the gallery and the painting of the entrance hall in the gallery. It has been contracted that after completion of both of these tasks, Memoona is supposed to pay £ 10,000 to Eric Suppliers Ltd. The task of installation has to be completed by 26th December. However, the work of painting the entrance hall in the gallery has been completed on 27th December and that too with poor quality. The wrong type of painting has been used by Eric Suppliers Ltd to paint the entrance hall in the exhibition gallery. In this regard, the breaching of the contract has been aligned with the Tort law and aligns with the rights of Memoona (Beale et al. 2019).

The use of the wrong type of paint has resulted in a toxic smell that has been emanating through the main hall of the art gallery and for this Eric Suppliers Ltd must possess the responsibility. The exhibition has to be canceled by Memoona due to the inconvenience. Hence, Memoona decided not to pay any amount to Eric Suppliers Ltd as she also had to incur a loss for not conducting the exhibition. The legal issue raised in this context can be considered from two sides, the first one can be considered from the end of Memoona’s side, and the other one can be considered from the end of Eric Suppliers Ltd.’s side. Memoona may claim the breach of contract as the exhibition was not possible to be held on 2nd January due to the paint, and on the other hand, Eric Suppliers Ltd can also claim regarding the breach of contract as Memoona has not paid them for the tasks. Apart from that, it has been concerned that the contract has not been met due to the poor performance of Eric Suppliers Ltd and resulting in disregard and inconvenience and has been considered to be dissatisfactory from the perspective of the “Sale of Goods Act 1979” (Dignam and Oh, 2019).

1.3 Legal Advice to Memoona

The legal issues faced by both parties have been considered in the perception of misconduct of trading deals, breaching of contract, and losing reputation and value for money. As Memoona was unable to conduct the exhibition he has to face some losses and, in the scenario, the context of breaching the contract has been considered. The term satisfaction has not been maintained by both ends associated with the dealing. The legal advice associated with this case has been linked with the risks for both of the parties, as Memoona may claim extra charges for not completing the work as mentioned earlier, and for the poor quality of the painting because of which she needed to seize the exhibition and had to incur a loss. The violation of any contract follows an extended liability for the company and that is needed to be avoided with significant legal steps (Cabrelli, 2019). Despite quitting the exhibition, Memoona can postpone the exhibition as well, and she can provide the responsibility of managing another hall within the next 1 week so that the exhibition can take place. Otherwise, Memoona can demand the service of another coat of paint over the toxic one to cover up the smell, and that too is free of cost.

The possible charges claimed from the end of Eric Suppliers Ltd include the demand of payment which the company has completed within time and with a perfect finish. In this regard, legal charges may be asked against Memoona. Besides this, the risk of Eric Suppliers Ltd losing its reputation and receiving negative feedback has been considered and for avoiding the same Eric Suppliers Ltd may propose to provide another service at a lesser cost. The consideration of Contract law has been breached by Eric Suppliers Ltd and, in this regard, appropriate trading concerns and consult must be possessed by this company (Cahyono, 2020). The association of compensation has been suggested in this study in several dimensions, and, for this purpose, the breaching of the contract can be removed and it is supposed to be beneficial for both of the parties with satisfactory regaining of reputation.

Part 2

2 a) Analysis and Advice of Different Protection

The maintenance of innovative technologies has been considered to be a part of development in the contemporary world, and, in this regard, the maintenance of patents is equally important which has been portrayed in this study. In this study, the discussion raises regarding Hiades Ltd which is a UK-based company. The issue associated with this scenario indicates the lack of knowledge which must be mitigated for securing the innovation. There are significant software protection concerns among which some of the major protection of software includes “copyright, patents, trade secrets, and trademarks” (Thambisetty et al. 2021). The protection of expression of “an idea in software” is supposed to be conducted through the following copyright. Besides giving software protection to be copied and utilized by other domains, it also possesses the concern of arising automatically when “the software is created”. The protection comes after considering copyright covers the protection of “software code, structure, sequence, and organization” (den Kamp and Hunter, 2019).

The protection of innovations must be followed by patent while considering copyright and these aspects consider the "new, non-obvious, and usefulness" of the new invention. The protection of the software can be considered while managing its factor of "novel and non-obvious". As per the statement of Pila and Torremans (2019), the consideration of "Trade secrets" for the protection of "confidential information" can be conducted with the help of appropriate dealing with a software company that is supposed to give the "software company a competitive advantage". The maintenance of appropriate concern regarding the protection of any innovation must be followed while approaching the trademark. This is essential as during the time of maintaining the balance sheet, it is required to show the goodwill and trademark as intangible assets which are supposed to enhance the profit of the organization for the next quarter (Li and Alon, 2020). In this regard, it has been conveyed by several experts that a trademark possesses the responsibility of protecting the "name, logo, or another distinctive branding of the software".

The “best possible protection for their software worldwide” is supposed to be obtained while considering certain strategies from the end of Hiades Ltd, and these have been discussed in the following concerns:

Registration of the Software: The maintenance of copyright protection can be availed with the help of registration for managing and protecting the innovation of the application or software and preventing the use of other organizations (Husovec, 2019). It is useful for all countries as it provides global protection to be copied and for the expansion in the market including in the market of the USA. One of the advantages of registration has been considered to hold the “trademark in the USA to protect their branding”.

Considering “a patent search”: The association of significant consideration has to be followed for determining the “patent search” as this is required to make the software eligible for “patent protection in the USA” (Hantzsche et al. 2019). While considering the same, filing a “patent application with the United States Patent and Trademark Office (USPTO)” can be considered.

Implementation of “strict trade secret policies and procedures”: The implementation of "strict trade secret policies and procedures" is supposed to be followed as it is required to "protect their confidential information, such as using non-disclosure agreements (NDAs) with employees and contractors who have access to their software" (Marshall et al. 2020).

2 b) Legal Advice on Intellectual Property

The primary concern of Hiades Ltd is to protect its legal rights and for this purpose, it is required to manage a license of their software which is supposed to prevent the unauthorized access of the software from the outside party. As cited by Du and Shepotylo (2022), the association of “copyright infringement” is an offense that can be prevented while filing registration or considering the license of the patent for a new invention. The action as per the “trade secret law” can also be conducted from the end of this organization in the case of the “software was obtained through misappropriation of their trade secrets”. The maintenance of considerable factors is supposed to be followed while managing significant approaches and, in this regard, the maintenance of seeking legal directions has to be followed by this organization. Apart from that, it has also been considered that seeking an “injunction to prevent further infringement, damages for the losses they have suffered, and possibly statutory damages” are some of the imperative rights that can be followed by Hiades Ltd.

The consideration of negotiation has also been considered to be one of the imperative factors in this context and the maintenance of settlement in the background of negotiation is the most appropriate concern in this case. As per an article authored by Pastor et al. (2019), the prevention of data infringement can be seized while dealing with the companies that possess the motive to do the same as this will reduce the interest of infringing and will shift the focus on making a profit. The settlement in dealing with removing infringement can be negotiated and it is supposed to include “licensing the software for a fee or other terms”.

Part 3

3.1 Legal Issues

The management of risk assessment is an imperative responsibility that is required to be conducted while making professional reports with authorized information. This scenario portrays the issues associated with the same and appropriate consults have been suggested. As influenced by Niblock (2021), the maintenance of significant laws is supposed to be followed to avoid any discrepancy with information and misinterpretation of the same. This scenario portrays the “disclosure of information on the risks of climate change to Death Star Group”. The maintenance of considerable factors regarding “financial impacts associated with the risks” is some of the imperative information to be included, and for this purpose, it is required to maintain a good relationship with the shareholders.

The filing of resolution from the end of the shareholders has been tracked and it has been linked with the disclosure of the information required for considering the report. The information required for considering the “risks of climate change in the next annual report” has to be legalized. As influenced by Pastor et al. (2019), the maintenance of significant information must be followed and for this purpose, it has been considered that “reputational implications of disclosing this information must be carefully considered”. The recommendations must follow the “UK Companies Act 2006 and the Task Force on Climate-related Financial Disclosures (TCFD)”. In case of failure to “comply with these requirements may lead to legal consequences and reputational damage” has been suggested in this case.

3.2 Legal Advice for Death Star Group

The disclosure of the information is supposed to be maintained on the background of avoiding “negative attention to the business and be perceived as making the company more vulnerable in the market”. As stated by Du and Shepotylo (2022), disclosure of the risks must be followed by certain recommendations and the appropriate legal determinants must be followed for prevailing in the appropriate genera. It is important to demonstrate a “commitment to addressing these risks and enhancing transparency”. The approach to conduct “disclosing the risk and financial impact information depends on several factors, including the company's strategic goals, the potential financial impact of climate change on the company's operations, and the regulatory requirements” are supposed to be followed. Appropriate balancing has to be measured for “legal and reputational implications of disclosing this information”. The “risks of climate change to the company's business and the financial impacts associated with these risks” are supposed to be disclosed with partial constraints to maintain the interest of stakeholders and for the maintenance of interest of Death Star Group, Ltd.

Conclusion

The inference raised from scenario 1 considers the legal issues aligned with the contract law. The perception of misinterpretation has also been aligned in this context and the maintenance of sales of goods as per the legislation has been discussed. The maintenance of significant rules and regulations as per the amendment of "International Business Law", "Contract and Tort Law", "Intellectual Property Law", and "Trade Regulation" have been discussed in this study in light of several case studies. The legal issues and advice for the remedies have been aligned with the study which is essential to be followed. The maintenance of legal attributes while filing complaints, registering for copyright, managing patents, and accessing legal negotiations for protecting the rights of authentic information have been emphasized throughout this study. The overall study focuses on the "International Business Law" which maintains equilibrium among the laws of different countries all over the world. Certain legal advice is crucial to be engulfed and to be included in any cases of infringement of protection, and, in this regard, this study includes significant information for protecting the legal attributes.

References

• Aguilera, R.V. and Grøgaard, B., 2019. The dubious role of institutions in international business: A road forward. Journal of International Business Studies, 50, pp.20-35. Available at: https://www.ruthaguilera.com/s/63-Aguilera-Grogaard-2019.pdf (Accessed on: 23.04.23)
• Anand, J., McDermott, G., Mudambi, R. and Narula, R., 2021. Innovation in and from emerging economies: New insights and lessons for international business research. Journal of International Business Studies, 52, pp.545-559. Available at: https://link.springer.com/article/10.1057/s41267-021-00426-1 (Accessed on: 23.04.23)
• Beale, H., Fauvarque-Cosson, B., Rutgers, J. and Vogenauer, S., 2019. Cases, materials and text on contract law. Bloomsbury Publishing. Available at: https://sisis.rz.htw-berlin.de/inh2010/12389658.pdf (Accessed on: 23.04.23)
• Bently, L., Sherman, B., Gangjee, D. and Johnson, P., 2022. Intellectual property law. Oxford University Press. Available at: https://www.academia.edu/download/55913341/2017.BAR-REVIEW.LECTURE.7.9.2017_1_1.pdf (Accessed on: 23.04.23)
• Cabrelli, D., 2019. Liability for the Violation of Human Rights and Labour Standards in Global Supply Chains: A Common Law Perspective. Journal of European Tort Law, 10(2), pp.108-129. Available at: https://www.pure.ed.ac.uk/ws/files/107984590/Final_Article_Published_in_JETL.pdf (Accessed on: 23.04.23)
• Cahyono, A.B., 2020. Default and Termination of Contract: A comparative Study between Indonesia and The United Kingdom. Yuridika, 35(3), pp.469-484. Available at: https://e-journal.unair.ac.id/YDK/article/download/17679/12010 (Accessed on: 23.04.23)
• Coscia, M., Neffke, F.M. and Hausmann, R., 2020. Knowledge diffusion in the network of international business travel. Nature Human Behaviour, 4(10), pp.1011-1020. Available at: https://pure.itu.dk/ws/files/85337687/knowhow_index_NHB_cameraready.pdf (Accessed on: 23.04.23)
• den Kamp, C.O. and Hunter, D. eds., 2019. A history of intellectual property in 50 objects. Cambridge University Press. Available at: https://dash.harvard.edu/bitstream/handle/1/40838991/SSRN-id3373352.pdf?sequence=1&isAllowed=y (Accessed on: 23.04.23)
• Dignam, A. and Oh, P.B., 2019. Disregarding the Salomon principle: an empirical analysis, 1885–2014. Oxford Journal of Legal Studies, 39(1), pp.16-49. Available at: http://d-scholarship.pitt.edu/37717/1/39%20Oxford%20J.%20Legal%20Stud.%2016%20%282019%29.pdf (Accessed on: 23.04.23)
• Du, J. and Shepotylo, O., 2022. Brexit and UK services trade. The Economics of Brexit: What Have We Learned?. Available at: https://ukandeu.ac.uk/wp-content/uploads/2022/06/Economics-of-Brexit.pdf#page=64 (Accessed on: 23.04.23)
• Hantzsche, A., Kara, A. and Young, G., 2019. The economic effects of the UK government's proposed Brexit deal. The World Economy, 42(1), pp.5-20. Available at: https://www.niesr.ac.uk/wp-content/uploads/2021/10/NIESR-Report-Brexit-2018-11-26-4.pdf (Accessed on: 23.04.23)
• Husovec, M., 2019. The essence of intellectual property rights under Article 17 (2) of the EU Charter. German Law Journal, 20(6), pp.840-863. Available at: https://www.cambridge.org/core/services/aop-cambridge-core/content/view/8C7CCD762A71634A6011002D3E32EDC4/S2071832219000658a.pdf/essence_of_intellectual_property_rights_under_article_172_of_the_eu_charter.pdf (Accessed on: 23.04.23)
• Li, S. and Alon, I., 2020. China’s intellectual property rights provocation: A political economy view. Journal of International Business Policy, 3, pp.60-72. Available at: https://link.springer.com/article/10.1057/s42214-019-00032-x (Accessed on: 23.04.23)
• Marshall, B.M., Strine, C. and Hughes, A.C., 2020. Thousands of reptile species threatened by under-regulated global trade. Nature communications, 11(1), p.4738. Available at: https://www.nature.com/articles/s41467-020-18523-4 (Accessed on: 23.04.23)
• Nambisan, S., Zahra, S.A. and Luo, Y., 2019. Global platforms and ecosystems: Implications for international business theories. Journal of International Business Studies, 50, pp.1464-1486. Available at: https://www.researchgate.net/profile/Satish-Nambisan/publication/332241987_Global_platforms_and_ecosystems_Implications_for_international_business_theories/links/5d3e3b60a6fdcc370a694ade/Global-platforms-and-ecosystems-Implications-for-international-business-theories.pdf (Accessed on: 23.04.23)
• Niblock, R., 2021. Cooperation with EU agencies and bodies under the EU–UK Trade and Cooperation Agreement: Eurojust, OLAF and the EPPO.New Journal of European Criminal Law,12(2), pp.277-282. Available at: https://journals.sagepub.com/doi/abs/10.1177/2032284421996051?journalCode=njea (Accessed on: 23.04.23)
• Pastor, A.V., Palazzo, A., Havlik, P., Biemans, H., Wada, Y., Obersteiner, M., Kabat, P. and Ludwig, F., 2019. The global nexus of food–trade–water sustaining environmental flows by 2050. Nature Sustainability, 2(6), pp.499-507. Available at: https://hal.science/hal-03449875/document (Accessed on: 23.04.23)
• Petricevic, O. and Teece, D.J., 2019. The structural reshaping of globalization: Implications for strategic sectors, profiting from innovation, and the multinational enterprise. Journal of International Business Studies, 50, pp.1487-1512. Available at: https://link.springer.com/article/10.1057/s41267-019-00269-x (Accessed on: 23.04.23)
• Pila, J. and Torremans, P., 2019. European intellectual property law. Oxford University Press, USA. Available at: https://toc.library.ethz.ch/objects/pdf03/e06_978-0-19-872991-4_01.pdf (Accessed on: 23.04.23)
• Thambisetty, S., McMahon, A., McDonagh, L., Kang, H.Y. and Dutfield, G., 2021. The trips intellectual property Waiver proposal: creating the right incentives in patent law and politics to end the COVID-19 pandemic. Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3851737 (Accessed on: 23.04.23)
• Wagner, G., 2021. Tort law and human rights. Transnational Legal Activism in Global Value Chains: The Ali Enterprises Factory Fire and the Struggle for Justice, pp.209-233. Available at: https://library.oapen.org/bitstream/handle/20.500.12657/50038/1/978-3-030-73835-8.pdf#page=218 (Accessed on: 23.04.23)