The study of Law forms a component of many undergraduate and postgraduate programs. Its inclusion does not aim to equip business practitioners with skill and expertise to render professional legal advice unnecessary, but more to provide a legal framework of reference in which both strategic and more immediate business issues can be placed. Equipping managers with a basic understanding of how law impacts upon business activity can help them avoid legal pitfalls in the first place or at least identify potential problems at an early stage, to avoid inconvenience and cost.
International business can present problems that are not present in a purely domestic transaction. Any law component in a management program should embrace it and by doing so the business practitioner can be familiarized with the wider picture in which modern business, aided by technological development, is increasingly practiced.
- Shows the legal dimensions in managerial decisions both nationally and internationally
- Familiarizes the reader with legal issues from a practical business perspective in plain and jargon-free language
- Uses numerous examples to illustrate the legal principles under consideration
This textbook is suitable for 3rd year and Masters courses in Law for Business and Masters in European/International Business. It is also suitable for undergraduate and postgraduate courses in International Business and Management and for Executive courses
The legal framework for international Business: Introduction; So what is ‘law’?; Chalk and cheese; Family ties; Civil law and common law; Distinguishing features of civil law and common law; Other legal families - Socialist law; Religious law; Making order out of chaos – the classification of law; The sources of law – Legislation; Case law (judicial precedent); Academic writing; European community law; Court systems - England and Wales; France; Germany ; International co-operation and the harmonisation of business law - The International Institute for the Unification of Private Law (UNIDROIT); The United Nations Commission on International Trade Law (UNCITRAL); The International Chamber of Commerce (ICC); The World Trade Organisation (WTO); Summary; The formation of business contracts: So what is a contract?; Compliance with any required formality; Offer and acceptance - The offer; Termination of the offer; The acceptance; Capacity of the parties; Consideration; Contractual intention; Absence of any factors which might undermine the contract’s validity - Mistake and misrepresentation; Duress; Illegality; Summary; The structure and content of business contracts: The express and implied terms of a contract; Certain aspects relating to a contract for the sale of goods – Ownership; Description; Quality and fitness for purpose; Delivery; ‘What if?’ and standard terms of business – Price; Passing of ownership; Delivery times; Summary; Non-performance of contractual obligations: Change of circumstances making performance of the contract impossible; Remedies for breach of contract - Specific performance; Rescission; Damages; Summary; Legal forms of business organisation: Introduction; The sole proprietorship; The general partnership - Under English and American law; Under French law; Under German law; Partnerships where some or all of the partners’ liability is limited - Under English and American law; Under French law; Under German law; The company with limited liability
- No. of pages:
- © Butterworth-Heinemann 2006
- 9th September 2005
- Paperback ISBN:
Associate Professor, European School of Management, Oxford, UK
Making it all easier to understand is the whole point of this book. Nayler, an associate professor and senior lecturer in law at ESCP-EAP European School of Management in London, wrote this textbook as an introduction to how law affects international business.DC Velocity, Barrington, IL, December 2006