LEGAL ASPECTS

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HI5015
LEGAL ASPECTS OF INTERNATIONAL BUSINESS AND eNTERPRISE
Final assessment

Trimester 1, 2022

Assessment Weight: 50 total marks

Instructions:

All questions must be answered by using the answer boxes provided in this paper.

Completed answers must be submitted to Blackboard by the published due date and time.

Please ensure you follow the submission instructions at the end of this paper.

Purpose:
This assessment consists of six (6) questions and is designed to assess your level of knowledge of the key topics covered in this unit

Question 1 (7 marks)

Who is the proper subject under International Law – is it states, their subdivisions and international organisations or natural persons (i.e. human beings)? (4 marks)

Discuss your answer using relevant international business law principles and applicable cases.

(Word limit 200 words)

ANSWER a): ** Answer box will enlarge as you type

How does International Law regard natural persons? (3 marks)

Discuss your answer using relevant international business law principles and applicable cases.

(Word limit 200 words)

ANSWER b):

Question 2 (7 marks)

Compare (i.e. similarities) and contrast (i.e. differences) the National Treatment Principle and Most Favoured Nation Principle under the General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS).

(Word limit 400 words)

ANSWER:

Question 3 (7 marks)

Discuss when a state will be held responsible for an injury to an alien or a foreign business present within that state’s territory.

(Word limit 400 words)

ANSWER:

Question 4 (7 marks)

Discuss the Doctrine Piercing the Company Veil. What are the circumstances under which a court will pierce the corporate veil?

(Word limit 400 words)

ANSWER:

Question 5 (11 marks)

Consider the following extract from Case 10 – 6 The Shoe Seller’s Case:


“The CISG expects a buyer to accept deliveries of nonconforming goods [unless they are fundamentally nonconforming] and to invoke remedies other than avoidance (such as reduction of the price and damages) as compensation for the defects. For example, there would be no fundamental breach of contract [and no right to avoid the contract] in cases where the buyer is able to use some of the goods.”

Using your knowledge from Week 10 – Sales and Logistics and with reference to the case above, explain the CISG “Avoidance” provisions for both the buyer and seller.

(Word limit 600 words)

ANSWER:

Question 6 (11 marks)

Consider the following extract from Case 12 – 2 Mair v. Bank of Nova Scotia:

To constitute an apparent alteration within the meaning of the Bills of Exchange Act it should be apparent upon inspection of the bill that its text has undergone a change. The document itself must show that some revision of the text has taken place and its appearance must be consistent with the revision having occurred after completion or issue, although it may also be consistent with the revision having occurred before completion.”

Using your knowledge from Week 11 – Financing International Business and with reference to the case above, explain where the burden lies for determining the validity of an endorsement, if it is deemed ineffective under Common Law. (Word limit 600 words)

ANSWER:

END OF FINAL ASSESSMENT

Submission instructions:

Save submission with your STUDENT ID NUMBER and UNIT CODE e.g. RST1234 HI5015

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