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HI5015 Legal Aspects Tutorial Holmes

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Assessment Task – Tutorial Questions Assignment

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HI5015 Legal Aspects of International Business and Enterprise

Assignment: Tutorial Questions Assignment (Individual) Due: Week 13 – Friday, 16th  October 2020 (11:30pm) Weighting:  50%

Word Limit: 3,000 words (Maximum) Purpose:

This assignment is designed to assess your level of knowledge of the key topics covered in this unit

Unit Learning Outcomes Assessed:

•     Understand the overall structure of the global legal environment in which business operates today.

•     Apply  an  understanding  of  national  and  international  legal  practices  to  international business law issues.

•     Gain an overview of nation to-nation relations, multinational enterprises, dispute settlement across national borders, and rules for global trade in goods and services.

•     Achieve  a   firm   understanding  of   global  legal  issues   in  intellectual  property,   foreign investment, money and banking, sales, transportation and financing.

Description:

Each week students were provided with three tutorial questions of varying degrees of difficulty.  The tutorial questions are available in the Tutorial Folder, for each week, on Blackboard. The Interactive Tutorials are designed to assist students with the process, skills and knowledge to answer the provided tutorial questions.  Your task is to answer a selection of tutorial questions from weeks 6 to

11 inclusive and submit these answers in a single document.

The questions to be answered are:

Question 1                                                                                          (7 marks)

(Note this question is from the Week 7 Tutorial)

Discuss the role of the International Monetary Fund (IMF) in the international trading system.

(7 marks. Word limit Maximum 450 words)

Question 2                                                                                          (7 marks)

(Note this question is from the Week 8 Tutorial)

Discuss the relevance of the World Trade Organisation (WTO) in 2020. In your response outline the structure, the decision-making system and the dispute settlement process.

(7 marks. Word limit Maximum 450 words)

Question 3                                                                                          (7 marks)

(Note this question is from the Week 9 Tutorial)

Discuss the General Agreement on Trade in Services (GATS) in terms of the framework agreement, the GATS Annexes and the GATS Schedules of Specific Commitments and consider whether “Progressive Liberalisation” is a realistic long-term objective for GATS.

(7 marks. Word limit Maximum 450 words)

Question 4                                                                                          (7 marks)

(Note this question is from the Week 10 Tutorial)

Discuss the concept of moral rights. In your response, consider the differences in the treatment of moral rights in the Copyright Laws of the American legal system with that of the European Civil Code, including the Copyright Laws of Belgium, France or Germany.

(7 marks. Word limit Maximum 450 words)

Question 5                                                                                        (11 marks)

(Note this question is from the Week 11 Tutorial)

Consider the following extract from Case 10 – 6 The Shoe Seller’s Case,

“The CISG expects a buyer to accept deliveries of nonconforming goods [unless they are fundamentally nonconforming] and to invoke remedies other than avoidance (such as reduction of the price and damages) as compensation for the defects. For example, there would be no fundamental breach of contract [and no right to avoid the contract] in cases where the buyer is able to use some of the goods.”

Using your knowledge from Week 10 – Sales and Logistics and with reference to the case above, explain the CISG “Avoidance” provisions for both the buyer and seller.

(11 marks. Word limit Maximum 600 words)

Question 6                                                                                        (11 marks)

(Note this question is from the Week 12 Tutorial)

Consider the following extract from Case 12 – 2 Mair v. Bank of Nova Scotia,

“To constitute an apparent alteration within the meaning of the Bills of Exchange Act it should be apparent upon inspection of the bill that its text has undergone a change. The document itself must show that some revision of the text has taken place and its appearance must be consistent with the revision having occurred after completion or issue, although it may also be consistent with the revision having occurred before completion.”

Using your knowledge from Week 11 – Financing International Business and with reference to the case above, explain where the burden lies for determining the validity of an endorsement if it is deemed ineffective under Common Law.

(11 marks. Word limit Maximum 600 words)

Submission Directions:

The assignment will be submitted via Blackboard.  Each student will be permitted only ONE submission to Blackboard. You need to ensure that the document submitted is the correct one.

Academic Integrity

Holmes Institute is committed to ensuring and upholding Academic Integrity, as Academic Integrity is integral to maintaining academic quality and the reputation of Holmes’ graduates. Accordingly, all assessment tasks need to comply with academic integrity guidelines.  Table 1 identifies the six categories of Academic Integrity breaches.  If you have any questions about Academic Integrity issues related to your assessment tasks, please consult your lecturer or tutor for relevant referencing guidelines and support resources.  Many of these resources can also be found through the Study Skills link on Blackboard.

Academic Integrity breaches are a serious offence punishable by penalties that may range from deduction of marks, failure of the assessment task or unit involved, suspension of course enrolment, or cancellation of course enrolment.

Table 1: Six Categories of Academic Integrity breaches

Plagiarism                                Reproducing the work of someone else without attribution. When a student submits their own work on multiple occasions this is known as self-plagiarism.

Collusion                                  Working with one or more other individuals to complete an assignment, in a way that is not authorised.

Copying                                    Reproducing and submitting the work of another student, with or without their knowledge. If a student fails to take reasonable precautions to prevent their own original work from being copied, this may also be considered an offence.

Impersonation                       Falsely presenting oneself, or engaging someone else to present as oneself, in an in-person examination.

Contract cheating                  Contracting a third party to complete an assessment task, generally in exchange for money or other manner of payment.

Data fabrication and falsification

Source: INQAAHE, 2020

Manipulating or inventing data with the intent of supporting false conclusions, including manipulating images.

If any words or ideas used the assignment submission do not represent your original words or ideas, you must cite all relevant sources and make clear the extent to which such sources were used.

In addition, written assignments that are similar or identical to those of another student is also a violation of the Holmes Institute’s Academic Conduct and Integrity policy. The consequence for a violation of this policy can incur a range of penalties varying from a 50% penalty through suspension of enrolment.  The penalty would be dependent on the extent of academic misconduct and your history of academic misconduct issues.  All assessments will be automatically submitted to Safe – Assign to assess their originality.

Further Information:

For further information and additional learning resources please refer to your Discussion Board for the unit. Also find link to the other subject tutorials for Holmes College as under:

HI6005 MOG Tutorial

HI6006 Competitive Strategy Tutorial Solution

HI5016 International Trade Tutorial Solution

HI5004 Marketing Tutorial Solution

HC2112 Marketing and relationship marketing Tutorial

HC2022 Marketing Research Tutorial

HC1082 Marketing Tutorial

HC1062 Decision making and Problem solving Tutorial

HI6005 MOG Tutorial Solution

HI6006 CS Tutorial Solution

HI5016 International Trade Tutorial Solution

HI5004 Marketing Tutorial Solution

Service Marketing Tutorial Solution

HC2022 Marketing Research Tutorial Solution