Foundations of Business Law
FHNW BSc Business Administration / International Management (2nd Semester)
FHNW BSc Business Administration / International Management (2nd Semester)
Fichier Détails
Cartes-fiches | 121 |
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Utilisateurs | 10 |
Langue | English |
Catégorie | Droit |
Niveau | Université |
Crée / Actualisé | 02.06.2025 / 16.06.2025 |
Lien de web |
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EU law always replaces the national laws of the EU member states.
Copyright law protects intellectual creations in the field of art and literature.
A Documentary Collection can be beneficial to manage the cash flow, but unlike a letter of credit, the seller is not given a credit. The bank is merely collecting the payment on behalf of the seller.
EXW is the Incoterm the most favourable for the buyer, DDP is the Incoterm the most favourable for the seller.
A claim under the Swiss Product Liability Act covers damage to a person or private property caused by a defective product, as well as the refund of the purchase price of the defective product.
Despite the lack of objective criteria for quality and despite the special trust between an artist and the person who commissiones a piece of art, such contract are classified as contracts for work and services.
Without a specific clause in a sales contract, payment is due immediately after delivery of the good.
In Europe, the UK has the Common Law System - as the basic system recreated by most of today's common law countries. All countries in CONTINENTAL Europe (mainland Europe) have the civil law system.
Customer A in Germany buys two blankets from Der Bettenkönig. After a few days, A notices that the seams have been processed incorrectly, and the interior material is starting to come out. Based on the sales contract, does A have contractual remedies against Der Bettenkönig, or against Alpine Luxury, or against both of them? Explain why. (There is no need to explain what legal remedies A might have, or to assess the likelihood of success of this claim.)
Against "Der Bettenkönig", as "A" has entered into a contract with "Der Bettenkönig" (sales contract).
Customer B in Germany buys an Alpine Luxury blanket from Der Bettenkönig – and subsequently suffers an allergic reaction due to undisclosed materials used in the blanket. B knows that Der Bettenkönig has recently experienced financial problems. B is therefore claiming reimbursement from Alpine Luxury for the costs of her medical treatment. She bases her claim on product liability law, arguing that the blanket is defective because allergenic materials were not declared.
Discuss whether the blanket is defective under the Swiss Product Liability Law.
For a claim based on product liability law, the product must be defective. A defect is:
· deficient design, or
· deficient construction, or
· improper instructions for the user
In this case, you can argue with "improper instructions". The average buyer of these blankets can expect information about allergenic materials. Therefore, the product is defective under product liability law.
Thinkeneer LLC. Although Dupont was the one negotiating and signing the contract, he was acting as an agent on behalf of Thinkeneer LLC.
Sara and Holger are granted a construction permit for their detached house.
Which area of law is it?
The year after Sara and Holger's wedding, the tax authorities issue a joint tax ruling for Sara and Holger.
Which area of law is it?
The city's tax authorities commission a local cleaning company to clean their offices on a weekly basis.
Which area of law is it?
Sara and Holger get married shortly after moving into their new house.
Which area of law is it?
Kevin is the new owner of a restaurant. He applies for an operating license with the cantonal Office for Labour and Economic Affairs.
Which area of law is it?
In a general partnership according to Swiss law, the partners have joint and several liability.
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