BSc Business Law UG5001
One Italian firm COTONI PREGIATI SRL and one US firm (New Jersey Inc.) are separate and
independent corporate entities. They conclude a distribution contract, where the US Company is
granted the exclusive right to distribute the Italian knitwear produced with the Italian high quality
cotton, in the US, Spain and parts of Latin America/Caribbean.
The contract between the two companies contains set as law of the contract the Law of New Jersey
and includes an MED-ARB clause.
After a while, COTONI PREGIATI SRL starts suffering profit losses allegedly due to delays in the
distribution activity of the US distributor. On the other hand, the US firm claims that the products
delivered by the Italian company are defective and rejected by the US and Spanish clients.
? Provide a brief description of the basic elements that such a contract should have included,
? Analyze the possible dispute resolution methods and remedies available to the parties
beforehand, in the light of the specific features of the case,
? Explain why the firms preferred to include those clauses in the contract.
Aims of the Course:
1. achieve a basic understanding of the international business law environment;
2. examine legal aspects of international business with particular reference to the formation of
business contracts, the sale of goods, the international commercial arbitration, the intellectual
property, the distribution, the corporations;
3. offer a comparative approach so as to understand how legal problems are treated in different
social and cultural environment;
4. enable students to identify the key legal risks of engaging in international business and to make
business decisions necessary to operate a business in the international legal environment;
5. achieve a critical understanding of global ethical concerns and corporate responsibilities of
international business.
Please bear this in mind when you are writing your midterm assignment.
General Instructions:
The assignment has been designed to marry the theoretical analysis and practical application of the
concepts of Business law. This assignment will therefore require students to show a critical
understanding of the different issues at stake (categories of contracts, category of transaction and
risks thereto, remedies and drafting techniques). All work must conform to
University regulations on “Cheating, Collusion and Plagiarism” as described in your programme
handbook. You are advised to use the Harvard referencing style and avoid plagiarism. The report
should display a coherent structure i.e. title page, contents page, introduction, analysis, findings,
conclusions, recommendations, referencing and appendices. Students are reminded that depth,
relevance and variety are the crucial elements of quality research. (Wikipedia is not considered to
be a relevant source of information, any students referencing Wikipedia will be deducted marks).
Submission Details:
Deadline for submission by email and on Turnitin: Sunday, November 15th at
midnight
Deadline for submission of hardcopy: at the start of class, Week 6
Projects must be delivered by email to the lecturer and the academic office, and be loaded on
Turnitin by the deadline. A paper copy of the project must also be delivered to the lecturer.
Only when this has been done will the project be considered submitted. Late submission will carry a
penalty of 5% per day (for example after one day: grade x 95%, two days grade: x 90% etc.)
Turnitin Code: TBA
Key Texts and/or other learning materials:
– R.A. AUGUST, D. MAYER, M. BIXBY, International Business Law, Upper Saddle River, NJ,
(Pearson), 2013
Supplementary text:
– P. NAYLER, Business Law in the Global Marketplace, Burlington, MA, 2006
Recommended Journals:
– The Financial Times
– The Wall Street Journal
– Il Sole 24 Ore (Italy)
– Il Corriere della Sera o la Repubblica (Italy)
-The New York Times
Recommended Web Sites:
– http://eur-lex.europa.eu/
– http://ec.europa.eu/index_en.htm
– http://www.hblr.org/
– http://www.pon.harvard.edu/?floater=99
The web sites of the above journals.
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