Free «An International Business Law» Essay Sample


An international business law is used to describe the laws that govern the business conduct, rules and regulations of independent nation with the relationships to other countries. The sources of international law are some of the materials and processes that rules and principles regulating the international community development and are influenced by the political and legal theories. International law is a nation body that governs the laws, regulations and customs of different nations throughout the world and other nations and their citizens (David, 1975). Law in the United States is derived from four different sources like the constitutional law, statutory law, administrative regulations, and the common law that consists of the case law.

Roles and purpose of criminal law in the English Legal System

Criminal law is the prosecution by the state on the wrongful acts that are a breach of the sovereign’s peace of the state. Criminal law procedures in the U.S. consists of federal constitutional case law together with the federal and state statutes that gives the establishment of creating and operating of law enforcement agencies and prison system in trying criminals suspects (Zimmermann & Visser, 1996). The law enforcement staffs are forced to value the constitutional criminal rights of suspects and convict them because of the impossibility of the legislature in the U.S. to enact statutes. The federal judiciary managed to establish the exclusionary rule as one of the ways of enforcing the above rights like the Miranda warning. The federal criminal law involves issues relating to the federal government like dodging fees of federal income tax, mail stealing or physical attacks on federal staffs. Interstate crimes like drug trafficking and fraud of wire are all under the federal criminal law which is relevant to the federal government.



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Roles and purpose of civil law in the English Legal System

Civil law described as the legal system that was inspired and collected by the Roman law and usually judges do not determine it as in the common law. It is a collection of legal ideas and systems got from the Code of Judicial and the local issues of the natural law and legislative practice. Civil laws take on the abstractions outline principles and differentiate rules from procedural rules. Civil laws have the primary source of law in the legislation that the court system is uncontrolled by precedent and consists of judicial officers who are educated on how to interpret the law. The law of civil procedure governs the process in judicial proceedings concerning lawsuits between private parties or companies. The main principle of civil law is to give the citizens with a written, accessible collection of the laws governing the country that apply to citizens, and judges have no other way but to follow the laws. Civil law is described as the foundation for socialist law used in the communist countries with many ideas. The role of policy-making belongs to different courts though they have equal but separate powers in civil laws. The juries of civil laws are usually adjudicated in conjunction with judges in serious criminal matters of the country. The degree of judicial independence of civil law is high as it clearly separates the executive and the legislative branches of government. The source of Civil laws is from the legislation with judges doing most of the trials of the cases (Hughes, 1996). The legal origins theory subdivided the civil law into four major groups as follows: Romanistic, Germanic, Scandinavian and Chinese, which consists of the civil law and socialist law. Civil laws involves matters concerning private laws in terms of the legal attributes of  person name or age majority, also the relationships between married couples, adoption of children and parentage. Civil law also involves the process of putting land boundaries and possession of properties in the country. The legal governing bodies and administration of ills relationship cases, sales or leases of properties between two parties and laws governing partnerships business in the country.

Roles of Common law and legislation in the English Legal System

Common law also called the case law or tradition law was a custom law in the United States and most of the Commonwealth countries that are bound to the common law as per the legal tradition of English law. English Common law is made by the Constitution like the bills of attainder and search warrants. Common law is a law developed by judges through the courts decision and similar tribunals rather than through legislative statutes. The principle of the common law involving in cases that the two parties disagree on the similar dispute, an idealized common law is responsible for looking the past precedential decision of the relevant courts and the court has to follow the reasoning used in the prior decision called stare decisis. Judges have the powers, authority and duties of making the law by introducing the precedent.

Common law as a basis for commercial economies as a reliance on judicial process of the government. This is because common law provides guidance and help on very issues and commercial parties to predict if the course of action is likely to be lawful or unlawful (Gerhardt, 2008). The freedom to have the law boundaries like in the commercial contracts is more economically efficient as it can create more wealth as the parties are aware ahead of time. Newspaper, taxpayers and political parties provided guidance and tips on the boundaries with in which their rights apply with the freedom of expressions. It has been the responsibilities of the parliament to protect the rights and freedoms of human beings and that the legislation does not violates the rights of an individual in the country. A civil code described as an organizing concepts, principles, rules and ideals of law developments in the country.

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Common law as a collection of judicial decisions, principles and customs that have accomplished important roles in solving a contract disputes in the country. The state legislatures are not allowed to pass statutes covering every contractual contingency in the country.   

The common law system focuses more on the court decisions, which are considered as law with the same force of law as statutes. Civil law jurisdiction that is the legal tradition that prevails with the common law in, Europe and non-Islamic, non-common law countries, have less weight in the judicial precedent as judges have more freedom to deduce the statute independently and is less predictable. Common law systems found their history to England, while civil law systems found their history to Roman law and the Napoleonic Code (Sander, 1997).  The two kinds of disputes that can be heard by a court of law include civil and criminal. Civil action takes place when two or more parties that are private are involved and one claims a violation of a statute of common law.

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A contract is an agreement and agreement is not a contract

A contract is a type of legally putting agreement and the relationship that is between two or more parties to do or not to do certain things as agreed upon on the contract, as it is described as exchange of promises that enforced by the law. A contract can be formed when an offer agreed upon the approval that must have consideration, of which the two or more parties must have to sign or create a legal relation on the lawful matter that is entered freely and is practicable to perform. An agreement is a form of cross reference between two or more parties in form of a written or oral method that will depend on honor of the parties for its fulfillment rather than being enforceable (Fruehwald, 2009). All contracts are agreement because there is mutual understanding between the two parties involved for a contract to be created and signed. All the parties involved should have to comply with the terms and conditions of the agreement. Any party to comply with the acceptance of the offer results to the acceptance of the elements of contracts agreed upon on the contract. All contracts are also agreement until it is avoided by another party due to his or her withdrawal from the contract because of undue influences. A contract consists of two elements that are an agreement and legal obligation accompanying the agreement or promises.  Agreement only require two or more parties making the agreement on the agreed subject linking both of them as an agreement cannot be made by one person. An agreement that is not enforced by the law is not a contract as an agreement is only a wider term that is used to describe a contract but in real sense, it is not a contract. A valid contract is also different from an agreement as a valid contract is subjected to possibility of performance, contract should not be uncertain; also a valid contract must be in writing and registered. In addition, valid contracts involve the capacity of both parties agreeing on the agreement being subjected to sound minds and age majority is required. Contracts needs a free consent for it to be enforced by the law, as it requires agreement by both parties in the same sense and should be free from any pressure, threats and misunderstanding to accept the contract  (David, 1975). A valid contract involves the lawful consideration that is the prices of the promises made by the other party during the agreement and it should be enforceable by the law. Agreements involve no lawful considerations and hence are subjected to exceptions, as promises are not enforceable by the law. An agreement is described as unqualified acceptance of an offer which is arrived as a result of same acceptance by both parties, while contracts involves necessary capacity and must not be impossible or illegal offers. Contract must have competent parties to be involved in the contract must be competent and authorized to enter into a contract. The capacity to buy and sell goods regulated by the general law concerning capacity to contract, to transfer and acquire the property. The acceptance of good when the contract is enforceable by action of the buyer of the goods recognizes pre-existing contract of sale even if the acceptance in performance of the contract or not.

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Convention on International Sale of Goods (CISG) & Sale of Goods (SOGA) provisions

Convention on international sale of goods involves to a contract of sale of goods between two or more parties who are in different countries or states. This convention is business between the contracting state and their own state using the rules of the private international law using the law of the contracting state.

Sale of goods (SOGA) provision is defined as the process of a buyer who buys goods as per the agreement of the sale contracts to transfer the possession form the seller to the buyer. Sale of goods is bound in good faith as per the sale of good act which is done honestly whether carelessly or not. The sale of goods act mean that the person can be deemed to be bankrupt as per the meaning of this act can stop to pay his debts of the business or they cannot pay his debts as they become due. Provisions of the sales of goods are in a deliverable state as per the act stating that the buyer is allowed to take the delivery of them under the contract (Scalia, & Gutmann, 1998). The contract of the sale can be described as absolute or conditional contract between two parties. An agreement to sell only becomes a sale the time of sales condition is finished and subjected to property in the goods to transfer. The convection of goods of sales does not apply to a goods that was bought for personal or family use unless the seller is made aware of the goods is sold for such use. In addition, convention of sale of goods does not apply to sales by auction, of shares, investment securities or negotiable instruments or money. This convention does not also apply to the liability of the seller for death or personal injury caused by the goods to any person. Convention statement made by both parties should be able to explain the purpose of intention in the statement. The two parties are bound to any use upon which they have agreed upon and practice applicable to their contract or information of international trade applied. The main purpose of this convention involves that the party that has more than one place of business should be made the relationship to the contract and its performance made to his habitual residence. A contract of sales need to evident in writing and concluded by signing not subjected to any other requirement as to form which also needs to proved by including some witnesses. An offer in a contract can be revoked if the revocation gets to the offeree before he has dispatched an acceptance in the contract. An offer in the contract cannot be revoked by stating a fixed time for acceptance and if a reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on that offer.  The obligation of the seller cannot extend to cases where at the time of the contract the buyer knew or could not have been unaware of the right or claim resulting from the seller specifications.

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Loss or damage to properties after the risk has passed to the buyer does not discharge him from his obligation to pay the price, unless the loss and damage is because of the seller acts. The seller authority to retain the documents controlling the disposition of the goods does not affect the passage of the risk. The risk is passed to the buyer when the goods are clearly identified to the contract that he has received notice given to the buyer or otherwise (Fruehwald, 2009). Obligations performance by a party can be suspended after the conclusion of the contract and if the other party will not be able to perform a substantial part of his obligations. If the contract can be avoided for reasonable manner and within the time of after avoidance, the party claiming damages may recover the difference between the contract price and the price is recovered with the recoverable damages. Avoidance of the contract releases both parties from their obligations of any damages that may be because of provision of the contract of settlement of disputes in the provision contracts. 


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