Legal Aspects of Supply Chain Management Internet has definitively changed the relationships of the company with the different business partners of the supply chain. E-Commerce/E-Business is any ‘net’ business activity that transforms internal and external relationship to create values and exploit market opportunities driven new rules of the connected economy.”(Damanpour 2001). It refers to all forms of business activities conducted across the internet. This can include E-tailing, B2B, intranets and extranets, online advertising (e.g. advertising banners), and simply online presences of any form that are used for some type of communication (customer service for example). With internet the …show more content…
Contracting via internet involves some problems and issues such as the validity of a contract in the web, the e-signature, which jurisdiction and law may apply to you and the problem of the taxation. I explored some problems of contracting online. The article 5 chapter II of the EU directive 2000/EC explains that before contracting, general information about the seller must be provided. “As there is no place to negotiate, a website should make clear where a business is located e.g. by ensuring all main entry and information pages on the site include the company's location” and “give a list of applicable terms and conditions” (Elborne 2000). The seller must provide his name, geographic and electronic address, full price etc. and “where the activity is subject to an authorisation scheme, the particulars of the relevant supervisory authority”². The buyer must have complete information of the service provider and must be able to contact him rapidly. Basically the law of traditional contract must be applied in the same way in the electronic commerce however in internet is to know when and where the contract is formed. The seller should “make clear the procedure that must be followed before the contract is formed” (Elborne 2000). The acceptance of the offeree is very important because without acceptance there is no contract. In UK, the
1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer.
1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.
In the case in the text where someone purchased a used safe at an auction for $50, but
An acceptance of an offer is “ a manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer.
case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.
3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.
In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.
Yes, the negligence in this case is that the students were negligent. They engaged in a threatening act that a reasonable, prudent person would not by painting what appeared to be a weapon at a person and threatening their life. Just the fact that they stormed the building fits the definition of negligence. Even if their intention was not to hurt anyone physically, they did hurt people mentally in the case of Prudence. There are many different ways in which they could have gone about this in a more peacefully way, which makes this negligence in itself.
Acceptance-This basically means that the terms of the offer have been clearly understood and agreed to through consent and assent and at no time will the terms be changed.
In the Final Paper (Case Study) it speaks to the following case and circumstances. Knarles and Barkley are father and son respectively. Barkley is seventeen years old. They operate a facilities maintenance company that regularly does business in the District of Columbia, Maryland and Virginia. The company is based in Maryland. They have a number of contracts with building owners where they have agreed to provide building maintenance to both residential and commercial buildings within the three jurisdictions already mentioned. They receive a monthly payment of $2,000 to $4,000 depending upon the size of the building. They bill the owners for any equipment of a substantial nature that has to be replaced.
Supply chain management is a practice that involves the planning, supervision, and implementation of strategies and controls to direct the movement of goods and services provided to customers. The intent of this essay is to incorporate a synopsis of existing literature and to provide the reader with a general understanding of how supply chain management correlates with the organizational design and structure of modern firms. The essay comprehensively reviews the components of supply chain management and their integration with functional areas within an organization. The information presented in this essay
Please answer the questions posed at the end of each case study in essay form. Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions.
Electronic commerce has been there for a long time now, and it is a practice that is practiced by peoples from Germany, France, and the US on a daily basis. Since its inception around 40 years ago, e-commerce has continued to grow as innovations, technologies and a lot of business reverting to the use of the e-commerce. The aspect of buying and selling of goods in the early 1960s was sluggish with the traditional way of mailing of documents being replaced with the Electronic Data Interchange (EDI), which would later pave a way to the electronic commerce. After the e-commerce, however, the practice was not more reliable as it still had many challenges (Tsolis, 2009). For instance, it was not easy for buyers to see products from the comfort of their homes and more so, the methods of accessing the information were limited.
Contract Law Case Study Both the parties in the question have come to a problematic situation
E-business uses the digital technology to optimize the business activities of organization in order to increase the efficiency and effectiveness of operation and gain competitive advantages. E-business provides the solution that allows the organization to instantly share database, information of products and services, financial figures and data and nearly anything else that the organization may need to operate the business activities effectively and efficiently (Nguyen, 2013). E-commerce which is the abbreviation of electronic commerce is the subset of e-business. It focuses on the online transaction which includes selling of products or service by using computer network, primarily the Internet.