Commercial Law Essays

Essay on the Law of Agency

Example essay. Last modified: 2nd Feb 2018

An Agent is defined as a relationship between two parties called PRINCIPAL and AGENT, whereby, the function of the agent is to create a contract/s between the principal and third parties or to act as the representative of the principal in other ways. ...

Essay on The Sale of Goods Act 1979

Example essay. Last modified: 2nd Feb 2018

The Sale of Goods Act lays down a small number of compulsory legal rules concerned with an array of presumptions and implied terms, which aim to reflect the commercial expectations in the most commonly agreed sales contracts. In the absence of contrary agreement these terms will govern a contract within the Act’s remit. ...

Essential Principles of Letter of Credit

Example essay. Last modified: 2nd Feb 2018

4.1.1. Principle of Strict Compliance The letter of credit is a specified documentation particularly required to enjoy the facility of credit … ...

Every Business Transaction Consist of at Least Two Parties

Example essay. Last modified: 2nd Feb 2018

. Domestic payments primarily use credit cards and checks.International payments primarily use Commercial Letters of Credit and Documentary Collect ...

Exclusion Clauses

Example essay. Last modified: 2nd Feb 2018

Exclusion clauses are generally found in contracts ...

Exemption Clauses and Unfair Terms

Example essay. Last modified: 2nd Feb 2018

As technology has changed and advanced so much over the recent years the law needs to be in a position to cope with these changes. Therefore … ...

Export Bills and Working Capital

Example essay. Last modified: 2nd Feb 2018

Financing can be for working capital ( for ongoing business expenditure ) or term loans (for capital expenditure). Working capital credit can … ...

False Advertising

Example essay. Last modified: 2nd Feb 2018

In general, the issues revolve around consumer law, and in some cases there is false advertising going on, possible aggressive commercial practices. ...

Fixed and Floating Charges in United Kingdom

Example essay. Last modified: 2nd Feb 2018

Fixed charges are the charges that are held against some specified, tangible assets. The charges are raised immediately after it makes a deal … ...

Foundations of International Commercial Law

Example essay. Last modified: 2nd Feb 2018

The twentieth century saw the resurgence of a truly transnational commercial law and all the indications are that the twenty first century will be the century of a truly global commercial law ...

General Terms and Conditions in Transaction

Example essay. Last modified: 2nd Feb 2018

‘Trade’ means the selling and movement of ‘goods’ or ‘tangible items’ and ‘services’ or ‘intangible items’ from one country to … ...

Good Faith and Law of Equity

Example essay. Last modified: 2nd Feb 2018

The doctrine of Good faith owes its origin to the law of equity and can be traced to the Court of Chancery’s decision in the case of Carter … ...

Group of Companies Doctrine

Example essay. Last modified: 2nd Feb 2018

The first one is that the company that did not sign the arbitration agreement or was not apart in the arbitration clause has played a role in concluding, performing.. ...

Hire Purchase Agreements and Conditional Sales

Example essay. Last modified: 2nd Feb 2018

Hire purchase agreements are agreements whereby an owner of goods allows a person, the hirer, to hire goods from him for a period of time by paying instalments. ...

How business laws effect business operations

Example essay. Last modified: 2nd Feb 2018

In the current world business are playing an important role in every aspect of life. One’s standard of living, life style, education and even … ...

How Should One Define the Principles of ‘Kompetenz-Kompetenz’

Example essay. Last modified: 2nd Feb 2018

‘Kompetenz-Kompetenz’ are among the most significant in the field of international arbitration. The reason for their importance… ...

Impact of Stabilization Clause on Petroluem Agreements

Example essay. Last modified: 2nd Feb 2018

Oil producing countries enter into investment contracts with foreign investors to improve the level of production of their oil fields due to lack … ...

Impacts on Documentary Credit Law

Example essay. Last modified: 2nd Feb 2018

Introduction to Free Trade and Regulation Regulation is an alternative to free market institutions in the process of allocating, producing … ...

Implications of the FOB Contract

Example essay. Last modified: 2nd Feb 2018

Joshua has made a contract with Abraham that he will deliver him 500 dell version 1.1 computers to Abraham by May2010. The contract has been … ...

Implied Term That the Goods Should Correspond With the Description

Example essay. Last modified: 2nd Feb 2018

According to s.13, there is an implied term that the goods should correspond with the description if it is sale by description… ...

Implied Terms As To Title

Example essay. Last modified: 2nd Feb 2018

‘Sale of Goods contracts are, without doubt, both the most common and the most important of all commercial contracts.’ I agree with this … ...

Implied Terms in Contract of Sale

Example essay. Last modified: 2nd Feb 2018

In advising George the first thing that must be identified is the cause of action that he may have against Farmworks in respect of the tractor … ...

Implied Terms in Supplementing the Written Contract

Example essay. Last modified: 2nd Feb 2018

The terms of a contract agreement would have been agreed upon, most obviously, through express terms; these are terms which have been explicitly … ...

Importance of Conusmer Credit Act

Example essay. Last modified: 2nd Feb 2018

This Assignment will look at the impact and the importance of the Consumer Credit Act 2006. As well as what had been implemented before the Act … ...

Importance of the Domicile

Example essay. Last modified: 2nd Feb 2018

Domicile is that document which is essential or important for all the individuals of this world. The domiciles determine the rights and privileges … ...

Income Deemed to Arise in India

Example essay. Last modified: 2nd Feb 2018

The scope of Total Income is determined under Section 5 of the income Tax Act, 1961. It varies according to the Residential status of the assessee … ...

Indemnity In IP Contracts

Example essay. Last modified: 2nd Feb 2018

This article throws light into Intellectual Property indemnification which is currently receiving global attention due to its widening practice … ...

Industrial Designs and Intellectual Property Rights

Example essay. Last modified: 2nd Feb 2018

What is Intellectual Property Rights? Intellectual Property Rights are the legal rights which results from the intellectual activity in the field … ...

Industrial Dispute Act

Example essay. Last modified: 2nd Feb 2018

PLA Project Industrial Dispute Act was enacted to provide machinery and forum for the settlement of conflicting and seemingly irreconcilable … ...

Insolvency Law

Example essay. Last modified: 2nd Feb 2018

Critically discuss why the retention of commercial morality and public confidence is critical when constructing an insolvency law system. ...

Institutions For Money Management

Example essay. Last modified: 2nd Feb 2018

Money needs brain and expertise to manage, it cannot manage itself. Individuals cannot raise huge funds nor can they store huge funds in their … ...

Insurable Interest and Property Insurance Policy

Example essay. Last modified: 2nd Feb 2018

Law defines property as anything that can be tangible (buildings and contents) or intangible (goodwill and copyright) to which a value may … ...

Intangible Property Such As Copyright Are Not Generally Insurable Under Property Insurance

Example essay. Last modified: 2nd Feb 2018

Utmost Good Faith (‘Uberrima Fides’) opposite of ‘Caveat Emptor’ (let the buyer beware) is fundamental to the buying and selling of insurance. The insurer and the proposer have the obligation to deal honestly… ...

Intellectual Property Rights and Plagiarism

Example essay. Last modified: 2nd Feb 2018

Abstract In today’s knowledge driven economy, information generation and R&D have assumed key importance in determining the public perception … ...

International Banking Law and Sebb Co

Example essay. Last modified: 2nd Feb 2018

Commitment Letter: A Commitment letter, Letter of Intent, Heads of Terms or Memoranda of Understanding are terms often used interchangeably … ...

International Commercial Arbitration

Example essay. Last modified: 2nd Feb 2018

International commercial arbitration is a way of solving disputes which the parties choose themselves, it is private, it is effective and, in most parts of the world, it is now the generally accepted method of solving international business dispute ...

International Commercial Terms Used in Sale Contracts

Example essay. Last modified: 2nd Feb 2018

Abstract – The current scenario of judicial system of Pakistan, after restoration, can put strong impact on the organizational effectiveness … ...

International Sale of Goods

Example essay. Last modified: 2nd Feb 2018

The issue to be determined in this assignment is the merits of the claims that Santes or Xis may bring against one another under the sales … ...

Introduction to Intellectual Property

Example essay. Last modified: 2nd Feb 2018

Intellectual property, very broadly, means the legal rights which result from intellectual activity in the industrial, scientific, literary … ...

Jurisdiction in the Cyberspace

Example essay. Last modified: 2nd Feb 2018

‘There was no more a Law of Cyberspace than there was a Law of the Horse’ Judge Frank Easterbrook In the present Internet World the e-commerce … ...

Justification for the Implication of Terms

Example essay. Last modified: 2nd Feb 2018

This essay will set out the reasons as to why the implication of terms into a contract is more favourable, and how it has become more prominent … ...

Justify the Patenting of Life Saving Drugs

Example essay. Last modified: 2nd Feb 2018

There have been wide-ranging debates about the introduction of patents on pharmaceuticals in developing countries. On the one hand, it has been … ...

Law and the Sales of Goods Ordinance

Example essay. Last modified: 2nd Feb 2018

Before evaluating the statement, the meaning of the term ‘property’ has to be defined. The term ‘property’ has several meanings. It can … ...

Law Defines Property As Anything That Can Be Tangible

Example essay. Last modified: 2nd Feb 2018

The legal right to insure arising out of a financial relationship recognised at law between the subject matter of contract (insured) and the… ...

Law Governing the Arbitration Proceedings

Example essay. Last modified: 2nd Feb 2018

The past few decades have witnessed an unprecedented growth of international trade and commerce which has generated the need for more efficient… ...

Law of Contracts – (Specific Contracts)

Example essay. Last modified: 2nd Feb 2018

Rights of Unpaid Sellers against the Goods Mridula Murali BBA. LLB Introduction: Definition of Unpaid Seller as per Section 45 of the Sale of Goods… ...

Law of Insurance and Consumer Credit

Example essay. Last modified: 2nd Feb 2018

This essay seeks considers the extent to which the applicable law of Insurance and Consumer Credit identifies the consumer as having a legal … ...

Legal Aspects of Marine Insurance in India

Example essay. Last modified: 2nd Feb 2018

Dr. Sunil Kumar Agarwal , Prof. Navin Shrivastava , Amita Agarwal Abstract Marine insurance is an important component of international trade and… ...

Legal Factors and Customs

Example essay. Last modified: 2nd Feb 2018

Every country has its own legal system in place to keep order. In areas of business, particularly FDI, investors consider different dimension … ...

Legal Nature of the Banker-Customer Relationship

Example essay. Last modified: 2nd Feb 2018

This paper will aim to ascertain the legal nature of the banker-customer relationship, with emphasis on the United Kingdom. ...

Legal Relationship between Bank and Customer

Example essay. Last modified: 2nd Feb 2018

This essay describes and analyses the legal relationship between a bank and its customer and compares that with the relationship between other service providers and their customers. ...

Legal Treatment of Commercial Transaction

Example essay. Last modified: 2nd Feb 2018

Commercial law is the breach of law which is concerned with rights and duties arising from the supply of goods and services in the way of trade. ...

Letter of Credit and Contract of Sale

Example essay. Last modified: 2nd Feb 2018

A general contract of sale between two individuals signifies a consensus between the two parties as to what duties applies to them which they … ...

Letter of Credit Transaction

Example essay. Last modified: 2nd Feb 2018

The letter of credit transaction involves as many as seven stages each of which can pose significant problems if the parties to the underlying … ...

Letters of Credit and International Commerce

Example essay. Last modified: 2nd Feb 2018

When it comes to letter of credit, it is being invariably quoted as ‘the lifeblood of international commerce’ in the literature on … ...

Lex Mercatoria in International Commercial Arbitration

Example essay. Last modified: 2nd Feb 2018

‘Support for the lex mercatoria and even wider general principles appear to be growing steadily among writers and those professionally involved … ...

Liability of Principal from Perspective of Law

Example essay. Last modified: 2nd Feb 2018

An agent’s act is binding on the principal if it is done within his authority. Anything which the agent done in excess of that authority does … ...

Loss of Right to Reject and Terminate a Contract

Example essay. Last modified: 2nd Feb 2018

The focus on the paper is where the right to reject and terminate has arisen but lost at a later stage. For example, once the buyer makes a total waiver, for instance, a statement that he will forgive the seller no matter what he does, he will lose the right to reject and terminate. ...

Malaysia Sale of Goods Act Summary with Case Studies

Example essay. Last modified: 2nd Feb 2018

Case studies of how the Sale of Goods Act 1957 has helped judges come to decisions in the Malaysian courts. ...

Media Is Regarded as One of the Pillars of Democracy

Example essay. Last modified: 2nd Feb 2018

Freedom of media is the freedom of people as they should be informed of public matters. It is thus needless to emphasis that a free and a healthy … ...

Misjoinder and Non-Joinder of Parties

Example essay. Last modified: 2nd Feb 2018

Order 1 of the Code of Civil Procedure, 1908 deals with the the parties to the suit and also contains provisions for addition, deletion and substitution of parties, joinder, non-joinder and misjoinder of parties and objections to misjoinder and non-joinder. ...

Misleading and Unfair Commercial Practices Regulated

Example essay. Last modified: 2nd Feb 2018

The UK and European Law are generally very much concerned with protecting consumer rights. This includes not just applying restrictions… ...

Multi Tier Arbitrations and its Validity

Example essay. Last modified: 2nd Feb 2018

Settlement of disputes through arbitration has been there since times immemorial. Historical legal literature tells us about the ancient system of … ...

Nexus Contracts Theory and Principal Agent Theory

Example essay. Last modified: 2nd Feb 2018

In the previous essay of this course we described theory of the firm presented by Coase (1937), in which is demonstrated that the inducement of … ...

Non Signatories in Arbitration

Example essay. Last modified: 2nd Feb 2018

The doctrine of privity of contract posits that only parties to a contract may claim under or be claimed against the contract. Applying … ...

Numerous Contractual and Commercial Issues

Example essay. Last modified: 2nd Feb 2018

In construction there will be numerous contractual and commercial issues to be resolved between the parties intending to contract prior to signing of the contract coupled with pressure to commence the works as soon as possible ...

Of Fraud In Bankers Documentary Credits

Example essay. Last modified: 2nd Feb 2018

One of the essential features of the system of financing international sales by means of bankers’ documentary credits is that there is autonomy … ...

Origin of Public Private Partnerships

Example essay. Last modified: 2nd Feb 2018

Public-Private partnerships (PPP) have over the years grown tremendously across the globe. This is due to the increasing desire of state … ...

Pari Passu in International Finance

Example essay. Last modified: 2nd Feb 2018

The pari passu clause is a covenant or a warranty that bank loans and bonds rank pari passu amid all the other unsecured debt of the borrower or issuer. ...

Potential Problems Using Electronic Contracts

Example essay. Last modified: 2nd Feb 2018

The brief will investigate the potential problems that can arise in electronic contracts. It will discuss some of the problems and discuss how the … ...

Powers and Liabilities Between Agent and Principal

Example essay. Last modified: 2nd Feb 2018

Agency is a tri-parte relationship between an agent, his principal and third party. Whilst the vast majority of agency relationships are governed … ...

Pre-Conditions for Stay of Proceedings in the Arbitral Tribunal

Example essay. Last modified: 2nd Feb 2018

Arbitrations in Malaysia are governed by the Arbitration Act 2005 (Act 646) (the ‘Act’) and the Arbitration Act 1952 (Act 93). The Arbitration … ...

Product Liability in Malaysia

Example essay. Last modified: 2nd Feb 2018

Since the public began to care about the interests of consumers, the government of Malaysia also pays more concern to the protection of consumer … ...

Product Patent Regime in the Indian Pharmaceuticals Industry

Example essay. Last modified: 2nd Feb 2018

That he the inventor, ought to be both compensated and rewarded …will not be denied …it would be a gross immorality of the law to set everybody… ...

Prospectus on an International Bond Issue

Example essay. Last modified: 2nd Feb 2018

No portion of the work referred to in the research paper has been submitted in support of an application for another degree or qualification … ...

Protecting Interests of Vulnerable Consumer Buyer

Example essay. Last modified: 2nd Feb 2018

Critically evaluate whether in sale of goods contracts the implied terms relating to description, quality and fitness for purpose have reflected … ...

Protecting Legal Rights Subsisting Prior to Insolvency

Example essay. Last modified: 2nd Feb 2018

Rescue procedures involve going beyond the normal managerial responses to corporate troubles. They may operate through informal mechanisms as well … ...

Protection of Consumers in Auction Websites

Example essay. Last modified: 2nd Feb 2018

This paper will look at the current legal process adopted by the auction websites like eBay for consumer protection. This paper will analyse … ...

Protection of Consumers in Online Sales

Example essay. Last modified: 2nd Feb 2018

This research paper will focus on the protection of consumers in online sales, because since the opening to a commercialization use of the first … ...

Protection Of Geographical Indications In ASEAN Countries

Example essay. Last modified: 2nd Feb 2018

Many of the ASEAN countries had joined the TRIPS Agreement. But legal protection of Geographical Indication (hereinafter referred as GIs) as … ...

Provisions of Motor Vehicles Act

Example essay. Last modified: 2nd Feb 2018

OBJECT OF THE PROJECT The project is an endeavor to accomplish a detailed study of the provisions of Motor Vehicles Act, 1988 dealing with … ...

Reforms of Sale of Goods Act

Example essay. Last modified: 2nd Feb 2018

Until the year 1995, which is the year Sale of Goods (Amendment) Act 1995, came into force, the purchasers of goods forming a part of bulk cargoes … ...

Reforms of the Sale of Goods

Example essay. Last modified: 2nd Feb 2018

The linkage between passing of property and the ascertainment of the contractual goods as required by section 16 of the Sale of Goods … ...

Relationships Between Banks And Customers

Example essay. Last modified: 2nd Feb 2018

There are many types of relationships which can arise between a bank and its customers as bank nowadays are providing many types of services … ...

Relevancy and Admissibility of Electronic Evidence

Example essay. Last modified: 2nd Feb 2018

In the past decade or two, e-commerce has seen a huge boom. Everything from Harry Potter books to plots of land can be bought online … ...

Reynolds v Times Newspapers Ltd

Example essay. Last modified: 2nd Feb 2018

Prior to Reynolds, the leading authority on qualified privilege for the media was Blackshaw v Lord . ...

Rights and Obligations of the Seller and Buyer

Example essay. Last modified: 2nd Feb 2018

The obligations and responsibilities of a seller and a buyer under a contract of sale including payment and delivery. ...

Rights of Agents on Agency Agreements

Example essay. Last modified: 2nd Feb 2018

This dissertation is concerned with the rights of agents to compensatory payments on the termination of their agency agreements. Agency may … ...

Role of Good Faith in Modern Commercial Law

Example essay. Last modified: 29th Jul 2019

In comparison with other common and civil law jurisdictions, in the English commercial law, there is no general obligation for a party to act in good faith, either on contracting, negotiation or even performance. ...

Role of International Commercial Arbitration

Example essay. Last modified: 2nd Feb 2018

International commercial arbitration refers to the process of solving international commercial disputes among parties from different countries … ...

Rules of Private International Law

Example essay. Last modified: 2nd Feb 2018

Statement of Purpose and Hypothesis The purpose of this project is to discuss the application of traditional rules of international private law … ...

Sale of Goods

Example essay. Last modified: 2nd Feb 2018

L.Q.R. 221 SECTION 12 of the Sale of Goods Act 1979 contains the implied condition relating to the seller’s ability to transfer title in the goods to his buyer. This fundamental obligation does not stipulate that the seller ...

Sale of Goods Act 1979

Example essay. Last modified: 2nd Feb 2018

Together, the Sale of Goods Act 1979, The Consumer Protection Act 1987, and the General Product Safety Regulations from 2005, provide protection to ...

Sale of Goods and Agency

Example essay. Last modified: 2nd Feb 2018

The linkage between passing of property and the ascertainment of the contractual goods as required by section 16 of the Sale of Goods Act 1979 (as … ...

Sale of Goods and Consumer Protection Act

Example essay. Last modified: 2nd Feb 2018

With the combination of the Sale of Goods Act 1979, The Consumer Protection Act 1987 and the General Product Safety Regulations 2005, it can be … ...

Sale of Goods Take Place Between the Buyer and the Owner of the Goods

Example essay. Last modified: 2nd Feb 2018

In a typical case involving the nemo dat rule the seller (who is not the owner) will have sold goods to an innocent third party and then will have … ...

Sales of Good Act and UN Convention

Example essay. Last modified: 2nd Feb 2018

This essay looks at the interaction of the UK Sales of Good Act 1979 and the UN Convention on the International Sales of Goods concluded ,… ...

Sales of Goods Act 1979 Details

Example essay. Last modified: 2nd Feb 2018

Sale of Goods Law This is the act of English parliament which deals with the sale and buying of goods. The Act includes sections from sales … ...

Section 12 of Sale of Goods Act

Example essay. Last modified: 2nd Feb 2018

*L.Q.R. 221 SECTION 12 of the Sale of Goods Act 1979 contains the implied condition relating to the sellers ability to transfer title in the good… ...