International Business Law Text, Cases, and Readings (6th ed.) Upper Saddle River, New Jersey: Pearson Education ….August R., Mayer D., & Bixby, M. (2013)., ISBN 9780132718974
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Chapter 9 – pg. 538 Question #1/#3/#10
#1. Alvin, Bob, Calvin, Don, and Edgar are friends who enroll in a university course to study international business law. The textbook required for the course costs $50, which the five friends agree is expensive. They agree to chip in $10 each and buy one copy from a bookstore. They then take the copy to the local Discount Copy Store and make five copies of the complete book for $15 a copy. Then they return the book to the bookstore and get a refund of their original purchase price. Have the five friends done anything wrong? If so, what? Explain.
Can a Similar “Look and Feel” Be Copyright Infringement?
#3. The First-to-Market Computer Software Company owns the copyright to a highly successful spreadsheet program—Blossom 3-2-1—which has dominated the worldwide market for several years. Recently, Clone Software Co. devised a look-alike program that does everything that the Blossom 3-2-1 program does, except that the Clone sells for only one-tenth the price of the original. First-to-Market has sued Clone for copyright infringement. Clone defends itself by saying that the coding of its program is entirely different from that of Blossom 3-2-1 and that the only similarity between the programs is that the images that appear on the computer screen and the key sequences used to operate the program are identical. Has Clone infringed First-to-Market’s copyright? Explain.
#10. The Slinky Co. is a manufacturer of revealing bedroom apparel, especially negligees and pajamas, which it sells through franchised retail outlets that operate under its trade name. The franchisees are prohibited from handling any other line of clothing. One franchisee has challenged this particular provision in court, arguing that it is an invalid noncompetition clause. Will the franchisee be successful? Explain.
Chapter 10 – pg. 587 Question #1/#2/#3/#5/#8
Application of the CISG
#1. Seller, whose place of business is in State A, and Buyer, whose place of business is in State B, enter into a contract that stipulates that the CISG applies. Neither State A nor State B is a contracting state. Does the convention apply?
Various Provisions of the CISG
#2. Retailer in State A decides to go into the catalog sales business in State B. Both countries are parties to the CISG. Retailer purchases a mailing list from Ace Credit Card Company. The list has the names and addresses of 500,000 persons owning Ace credit cards in State B, and Retailer uses this to prepare mailing labels. John Q. Public receives a catalog addressed to him personally from Retailer. The catalog describes various types of widgets and gives prices for each one. Has the retailer made an offer to sell the widgets? If John accepts, will there be a binding contract under the CISG?
#3. On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25 apiece. The letter also stated: “This offer is binding and irrevocable until February 1.” On January 5, prior to Buyer’s receipt of the letter, Seller called Buyer on the telephone and left the following message on the answering machine at Buyer’s place of business: “Ignore my letter of January 1. I have decided to withdraw the offer contained in it.” On January 7, after listening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following telegram: “I accept your offer of January 1.” Is there a contract under the CISG?
Is Silence Acceptance Under the CISG?
#5. Buyer received a letter in her mail on January 1 offering to sell Buyer 5,000 widgets for $20 apiece. Seller’s letter closed with the following statement: “I know that this offer is so attractive that I will assume that you accept it unless I hear otherwise by January 31.” Buyer did not reply. Seller shipped the widgets on February 1. What are Buyer’s responsibilities under the CISG?
Risk of Loss Under the CISG
#8. Dealer in the United States owned a cargo of 10,000 barrels of oil that had been shipped from Mexico on January 1 for arrival in the United States on February 1. On January 15, Dealer informed Buyer that the oil was en route and they concluded a contract. On arrival, inspection showed that the oil had been contaminated by seawater at some indeterminate time during the voyage. Assuming the CISG applies, who bears the risk?