Foundations of Business Law

If a software company needs access to the premises of the customer to successfully perform (i.e. installing a software according to the contract with the customer), the software company could enforce the obligation of the customer to grant access.

In a general partnership according to Swiss law, the partners have joint and several liability.

An arbitration clause usually provides for the appointment of one or more arbitrators but never for the application of a specific set of arbitration rules.

Leasing is a form of quasi-security. Examples for real security are mortgage or pledge of movables. 

EU law always supercedes national law, but does not replace it. 

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. 

Marriage laws prohibiting polygamy (= marriage to more than one person) contain no ethical aspects.

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. 

 What kind of contract have Alpine Luxury and Der Bettenkönig entered into (name only)?

What kind of contract is concluded with each individual Purchase Order placed by Der Bettenkönig? (name only)

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.)

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.

What type of contract exists between Dupont and Thinkeneer LLC (name only)?

Assuming that all criteria for default performance are met and the damages of the bank are well documented: against whom has the bank a claim for compensating the damages resulting from defective performance?

Genetic engineering legislation contains also ethical aspects.

Marriage laws prohibiting polygamy (= marriage to more than one person) contain no ethical aspects.

In Common Law, Judicial Opinion by the Supreme Court always overrules Written Law.

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?

Two main elements of legal rules compared to any other rules in society are that legal rules are enforceable by state authorities, and that everyone violating legal rules faces societal sanctions.

The Doctrine of Stare Decisis is a central element of the Common Law system.

Legal precedents are the main legal sources in Civil Law systems.

Tax Law is Private Law as far as natural persons are concerned.

Civil Law and Common Law Systems use the same sources of law, but place different emphasis on their use.

In a general partnership according to Swiss law, the partners have joint and several liability.

Anyone who organizes their business in the form of a sole proprietorship faces the problem of double taxation (Swiss law).

For a business in Switzerland with significant fundraising requirements, the legal form of a Corporation is more appropriate than a General Partnership.

Hans and John are touring Europe as backpackers. They meet by chance in Geneva, Switzerland, and realize that they both are heading for Marseille, France, with a few stops along the way to explore. They decide to buy bicycles for their journey. As Hans is better at negotiating, they decide that Hans will negotiate with the seller of the bicycles. They agree that they will split the cost of the trip equally. John is a trained mechanic, so he agrees to be responsible for any repairs that need to be done during their journey.

Do Hans and John form a business association (Swiss law)? Explain your answer in two to three sentences.

For the legal form of a corporation according to Swiss law, what corporate body is never required?

What is a "pass-through entity"?