Hey guys
I have uploaded the child labour presentation.
Do have a look by clicking on the link below.
Thanks!!!
http://www.slideshare.net/Manishaluch/child-labour-5754084
Friday 12 November 2010
Thursday 11 November 2010
The basics of the law of contract.
A contract is an agreement between two parties and intended to be legally binding. The law of contract sets out the rules that are needed to form of a valid contract. In order to form a contract we need to consider the following; offer, acceptance, consideration and an intention to create a legal relationship.
Offer
However simple it may seem, various steps need to be taken in order to form a contract. We look at what amounts to a valid offer. An offer can be made orally, in writing or by way of performance. This is different from an 'invitation to treat' where parties are merely inviting offers that can then be accepted or rejected by him - i.e. at an auction or an advertisement.
Acceptance
Offer and acceptance go hand in hand. Without an offer there cannot be acceptance. An acceptance is a final and unqualified acceptance of the terms of an offer. It is very important that the acceptance is communicated. The offer can be terminated by rejection, counter-offer, lapse of time, death of the other party, or by revocation before it has been accepted.
Intention to create a legal relationship
We then consider what is meant by intention to create a legal relationship. The general rule is that a social agreement is not usually binding, whereas a business agreement is.
Consideration
The mutual exchange of something of value. Consideration is a promise to perform in return for something, like a payment, and this has to hold some kind of value. Past consideration is not enforceable.
Once the elements above have been satisfied a contract is formed. However, a contract can be breached.
Breach of contract
A breach of contract occurs when one party of the contract does not honour the terms of the contract. This happens when either party breaks a term of the contract. A breach may be of a verbal, written or implied nature. If it is evident that one party has breached the contract then they can claim damages and other remedies.
Damages
Damages for breach of contract by one party consist of a sum equal to that of the loss incurred from the breach of contract. The courts will enforce damages in order to put the other party back into the position it would have been in if the contract had not been breached.
For more information log on:
Commercial Contracts: Retention of Title Clauses
Goods sold in the UK are subject to the Sale of Goods Act 1979 (the Act).
Under ss 17 and 19 of the Sale of Goods Act 1979, a seller can retain his rights to the goods he is selling in a sale of goods contract. The idea is that the seller can recover his own goods until they are paid for. It is an essential requirement that the goods remain identifiable. There are a number of clauses which are relevant to retain title to goods:
A 'tracing clause' allows the seller to trace into the proceeds of sale received by the seller. The buyer must have paid the money into a seperate bank account in order for the money to remian identifiable.
An 'insurance clause' obliges the buyer to insure the goods and wil help the seller if the goods are damaged or destroyed. It is useful to provide that the buyer would hold the proceeds of any insurance claim on trust for the seller, as this will help the seller if the buyer becomes insolvent.
A clause allowing the seller to enter, seize and resell the goods- a retention of title clause would be of little value if the seller could not enter the buyers premises and actually retain the goods physically.
A clause reserving the legal title in the goods- it is essential that the retention of title clause should reserve legal title.
A seller should be prudent not to deal with buyers who may not pay and take pratical steps to minimise the possibility of losing money if the buyer does not pay- e.g. credit checks / debt factoring / credit risk insurance / providing for interest.
For more information log on:
http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/9112-IXA-Commercial-Contracts-Retention-of-title-clauses.htm
Under ss 17 and 19 of the Sale of Goods Act 1979, a seller can retain his rights to the goods he is selling in a sale of goods contract. The idea is that the seller can recover his own goods until they are paid for. It is an essential requirement that the goods remain identifiable. There are a number of clauses which are relevant to retain title to goods:
A 'tracing clause' allows the seller to trace into the proceeds of sale received by the seller. The buyer must have paid the money into a seperate bank account in order for the money to remian identifiable.
An 'insurance clause' obliges the buyer to insure the goods and wil help the seller if the goods are damaged or destroyed. It is useful to provide that the buyer would hold the proceeds of any insurance claim on trust for the seller, as this will help the seller if the buyer becomes insolvent.
A clause allowing the seller to enter, seize and resell the goods- a retention of title clause would be of little value if the seller could not enter the buyers premises and actually retain the goods physically.
A clause reserving the legal title in the goods- it is essential that the retention of title clause should reserve legal title.
A seller should be prudent not to deal with buyers who may not pay and take pratical steps to minimise the possibility of losing money if the buyer does not pay- e.g. credit checks / debt factoring / credit risk insurance / providing for interest.
For more information log on:
http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/9112-IXA-Commercial-Contracts-Retention-of-title-clauses.htm
Summary of workshop 6: Advantages and disadvantages of a CIF contract
The basic definition of the CIF contract is provided by Lord Atkinson in Johnson v Trylor Bros [1920].[1] Under a CIF contract, the seller is responsible for arranging the carriage of the goods and their insurance in transit, and the cost of those arrangements is included in the contract price, so that the buyer is not concerned with fluctuations in freight rates or insurance premiums.[2] The seller obtains a bill of lading and a policy of insurance and forwards them to the buyer, together with an invoice for the price, and the buyer pays on receipt of the documents.[3]
To sum up, the CIF contract is an asset to both seller and buyer despite some disadvantages on either parties of the contract. However this can be resolved with stricter or clearer provisions of the contract to ensure the clarity of the contract in the event of an arising dispute.[8]
The seller has the advantage of receiving the transacting money well in before the goods actually reach the buyer. The advantage of the buyer is that he has a substantial right once he gets the documents of sale and he may still reject the goods on their actual delivery if they turn out to be not in conformity with the standards he had prescribed. The risk which he takes is that the loss or damage of goods may not be covered by the bill of lading or insurance policy.
The disadvantages under the CIF contract is that the buyer must take risk for the period of carriage, as the buyer has no means of controlling or limiting those risks.[4] The seller’s obligation to arrange the shipping of goods gives the seller the upper hand to control the cost incurred for the whole course of shipping.[5] Generally the buyer will have no opportunity to inspect the goods before shipment unless so provided in the contract hence this puts the buyer in a disadvantage position.[6] Apart from that the seller bear the risk of fluctuation of freight and insurance rates depending on the prevailing economic conditions which cannot be negotiated upon conclusion of the sale of contract.[7]
[1] [1920] AC 144 at 156
[2] Llyod Duhaime, ‘CIF Definition’ <http://www.duhaime.org/LegalDictionary/C/CIF.aspx> accessed 3 November 2010
[3] Alex McIntosh and others, ‘Goods Advice’
<http://www.clydeco.co.uk/knowledge/articles/goods-advice.cfm> accessed 6 November 2010
[4] Incoterms, < http://fastchaingroup.com/INCOTERMS1.pdf> accessed 6 November 2010
[5] Ibid
[6] Peter. A, ‘Contracts of Carriage by Sea, Sale, Marine Insurance and Documentary credits’
[7] I Carr and P Stone, International Trade Law (3rd edn Cavendish, London 2005) 7
[8] I Carr and P Stone, International Trade Law (3rd edn Cavendish, London 2005) 7
Summary of workshop 5: International key regulations under child labour and their success
Child labour refers to the employment of children at regular and sustained labour. This practice is illegal in many countries and is considered exploitative by many international organisations, such as the ILO[1] and the UNICEF.[2] However, despite the large social reform movement and international regulations have been generated around this issue, more than 200 million children worldwide are still in child labour and a staggering 115 million at least, are subject to its worst forms. In almost all over the world children are being denied of their right to a childhood and forced into work at a young age.[3]
Children are protected by various regulations, such as The UN CONVENTION ON THE RIGHTS OF THE CHILD 1989 (CRC).[4] However, despite the nearly universal ratification of this regulation, UNICEF has declared that the plight of children worldwide has not significantly improved as States have not followed through on their commitments to the CRC.[5]
Under the convention 138 [6] of ILO, minimum age is set for admission to employment. The ILO further adopts the Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour Convention (No.182).[7] It concerns the sale and trafficking of children, the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances.[8]
Despite a number of international regulations were created, which set legal standards to prohibit the exploitation of child labour, the problem remains widespread. Ultimately, the success of these regulations will depend on the level of public concern, the political will of governments and the resources invested for exploited children. Governments that took a token approach will likely see children exploited in their country for many years to come; those who took a sincere and comprehensive approach to ending the problem may achieve results in a very short time frame.[9]
[1] ‘The End of Child Labour: Within Reach’
<http://www.ilo.org/public/english/standards/relm/ilc/ilc95/pdf/rep-i-b.pdf>accessed on 6 November 2010
[2] UNICEF, ‘Beyond Child Labour: Affirming rights’ <http://www.unicef.org/publications/files/pub_beyond_en.pdf> accessed 3 November 2010
[3] Global March against child labour, <http://www.globalmarch.org/clns/clns-march-2010-details.php> accessed 31 October 2010
[4] CRC, ‘Minimum Age Convention 1973’ <http://www.ilo.org/ilolex/cgi-lex/convde.pl?C138> accessed 30 October 2010
[5] Madiha Murshed, ‘Unraveling Child Labor and Labor Legislation, in Journal of International Affairs’ [2001] JIA <http://www.highbeam.com/doc/1G1-79830574.html>accessed 9 October 2010
[6] ILO, ‘Convention No.138’ <http://www.ilocarib.org.tt/projects/cariblex/conventions_6.shtml>accessed 3 November 2010
[7] CRC, ‘Worst forms of Child Labour Convention 1999’ <http://www.globalmarch.org/campaigns/conventioncampaign/C-182-English.pdf> accessed 30 October 2010
[8] H. D Hindman: ‘The World of Child Labour, an historical and regional survey’ <http://books.google.co.uk/books?id=lrKec5YTVYAC&printsec=frontcover&source> accessed 2 November 2010
[9]Child labour , ‘The real situation’ <http://www.childlabor.in/child-labour-laws.htm>accessed 5 November 2010
Monday 8 November 2010
Importance of commercial awareness
Commercial contract... What is it all about?
As I was browsing through the elp on the Commercial Contract module, I came across this topic: "Importance of commercial awareness." Apparently, this is a very important topic.
Hence, as this topic is new to me, I did some research and this is what I found:
These days if you want your career to motor, you need to be commercially aware. It isn't enough to be good at your job. You need to be more. You need to be commercially aware. But what does that mean?
Hence, as this topic is new to me, I did some research and this is what I found:
These days if you want your career to motor, you need to be commercially aware. It isn't enough to be good at your job. You need to be more. You need to be commercially aware. But what does that mean?
To my mind, commercial awareness has three aspects to it:
- First
It's about people - the people you come across in business, how you get these people to be your clients and how you get the work done that they give you - this is about understanding your clients as people
- Second
It's about the businesses these people work in, what their strategies are, how they are organised and the issues they face - this is about understanding your clients as organisations
- Third
It's about money, which is both the point of business and what makes it happen - this is about understanding your clients as generators of profit, how money helps them expand and keep score.
The only purpose of knowing any of this is so that you can engage with your clients, begin to understand their commercial objectives and the issues they face (as organisations and individuals) and see how whatever it is you supply - whether it's a product or service - helps them achieve their commercial aims and goals. And if you do that and start to identify with your clients, they will love you because you will have their best interests at heart.
So, in short, commercial awareness is about understanding your clients, identifying with them, and helping them achieve their commercial objectives - their strategy. It's about understanding their culture and using their language.
Here is a link if you guys want more details on what commercial awareness is:
http://l2b.thelawyer.com/what-is-commercial-awareness/133838.article
Here is a link if you guys want more details on what commercial awareness is:
http://l2b.thelawyer.com/what-is-commercial-awareness/133838.article
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