International Business Law

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Complete the following two questions with a 250 word response to each question. Due date is March 20, 2015 at 12:00 noon.

 

 

1. In no less than 250 words, answer Question #4 of the Chapter Questions at the end of Chapter 9 of your text. Be sure to incorporate any relevant legal concepts and case law that may apply to this case.

 

The Whopper Co. is a manufacturer of gumballs. The technology and know-how to do this are well known in the scientific and engineering community in Whopper’s home country, where gumballs have been popular with consumers for decades. Whopper decided recently to expand into Country X and to introduce gumballs to a market that has never seen them before. Before doing so, Whopper filed for a patent in Country X. The local patent office examined the application as to form (it was fine), searched the local records to determine if the technology was known locally (it was not), and then published notice of the application in the Patent Gazette for public comment. There was no public comment, and the patent was issued. Now Bubble Co., a local Country X business, has begun manufacturing and selling gumballs in Country X that are identical to those being manufactured and sold by Whopper. Whopper brings suit for patent infringement. Bubble countersues to have Whopper’s patent revoked. Who will win? Explain.

 

 

2. SalesContracts. Provide a well written answer of not less than 250 words to the following. Weaver Mills Co. in Country F contracted to purchase 100,000 yards of jute from Natural Fiber Co. in Country G at US$0.64 per yard.  Natural delivered 22,228 yards to Weaver at Weaver’s plant, but it then informed Weaver that it would deliver no more.  Several other of Weaver’s suppliers also defaulted, so Weaver was forced to purchase a total of 164,503 yards of jute in the market a month later at a price of US$ 1.21 per yard.  Weaver then sued Natural for the difference between the market price it had paid and contract price on the 77,772 yards of jute that Natural had not delivered.  Both Countries F and G are signatories of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the parties’ contract designated the CISG as the governing law.  Must Natural pay the amount Weaver demands? Explain your answer using principles of contract law and case law from your text.

 

 

 

 

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