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
Thursday, 4 November 2010
Commercial Arbitration
As I was going through latest news in the world of Commercial Law, I came across this interesting piece of information. I hope you guys will find it interesting.
Arbitration is a system to resolve conflicts; it is an alternative of the judicial system. Both parties voluntarily are agreed to put forward their conflict to a third party (arbitrator), who will decide the out come of the conflict.
In Spain, the law which regulates this field is (Ley 60/2003 de arbitraje). The judgment is issued through (Laudo Arbitral), this instrument declares the end of the proceedings and in addition this resolution has the same value as if the judgment issued by a Judge. The proceedings are beneficial for the both parties, because a decision has been made by the arbitrator it cannot be appealed and is also automatically enforceable. Fundamentally, this proceeding derives from a contract; the contract establishes the conditions of the proceedings.
The celerity of the proceedings, the deadline of the resolution will be six months from the start of the proceedings. The costs of the proceedings are reduced considerably in comparison of the judicial system. The proceedings are very effective in resolving the conflict given that the Laudo will be enforceable for both parties and can not be appealed. The proceedings are confidential which makes a difference to the courts system which are published. Finally, the Laudo can come to decisions which a court would not have the power to decide.
In order to get an efficient arbitration, it is convenient to study analyse each case to ensure the case is concrete. The contract which regulates the proceedings must be drafted carefully to avoid negative consequences once the laudo has been issued by the arbitrator.
We can distinguish four different classes of arbitration.
Institutional arbitration, the proceeding is run by public administration and the arbitration is comprised of a society legality constituted.
Arbitration of law (Arbitraje de Derecho) this is addressed by the Lawyer.
Equality (Arbitraje de Equidad) in this case it is not necessary to appoint a Lawyer.
Ad hoc Arbitration (Arbitraje ad hoc), in this case, the proceeding are run by an independent party who has been appointed by both parties through an initial agreement.
I consider this a good solution to settling a conflict, because the parties can set out the conditions of the proceedings in advance and also the periods of the proceedings are reduced considerably.
Find more on Commercial Arbitration via the link below:
http://www.wisegeek.com/what-is-commercial-arbitration.htm
Find more on Commercial Arbitration via the link below:
http://www.wisegeek.com/what-is-commercial-arbitration.htm
Wednesday, 3 November 2010
Hard facts about Child Labour In America
In most cases, the conditions of the work environment supplied for children is unbelievable. The area in which they work are not properly accommodated for even the healthiest adult, better yet a child. They are often forced to perform work in unbearable conditions.
The most common form of industrial child abuse is putting a child to work in an unbearable working condition. These conditions often include limited or no air conditioning causing the children to have to work in the heat. This can often lead to illness or even death if the child is overheated. Child labour in America is rarely involved in such factories but is not unheard of.
The exhaustion of working in unbearable conditions leads to unnecessary illnesses or deaths among innocent children. Not only do most institutions enabling child labour unable to provide air conditioning, but they are also usually very unsanitary. The proper cleaning or caring for the work environment in which the children are placed is minor. Children forced to work in such conditions often acquire serious illnesses “if” they even survive.
It is a sad but all too real reality that must be faced by people today. Although the law tries to do what is needed to prevent such child labour from happening, it is impossible to enforce the laws upon everyone.
Fortunately, child labour in America is strongly prohibited (these are facts from this article,[1] but I doubt it). Child labour laws are enforced at the utmost severity and only children within the age limit are allowed to work. However, many countries around the world are not as prominent when it comes to the prevention of child labour.
Especially in locations with vast poverty, there is limited or no laws regarding whether or not there should be a limit on the age a child is allowed to work. These areas are in desperate need of workers, and resort to the unthinkable. Forcing children to work is a criminal act that is atrocious in the minds of many people.
There is no real way to prevent child labour in America completely, just like its laws cannot be enforced for child labour in India or many other countries. The best way to prevent it is to educate people about the risks or allowing child labour. Child labour in America is strongly prohibited (I am quite sceptic about this statement based on the reports[2] I have come across) thanks to child labour laws, but the only way to prevent it is to understand it.
The most common form of industrial child abuse is putting a child to work in an unbearable working condition. These conditions often include limited or no air conditioning causing the children to have to work in the heat. This can often lead to illness or even death if the child is overheated. Child labour in America is rarely involved in such factories but is not unheard of.
The exhaustion of working in unbearable conditions leads to unnecessary illnesses or deaths among innocent children. Not only do most institutions enabling child labour unable to provide air conditioning, but they are also usually very unsanitary. The proper cleaning or caring for the work environment in which the children are placed is minor. Children forced to work in such conditions often acquire serious illnesses “if” they even survive.
It is a sad but all too real reality that must be faced by people today. Although the law tries to do what is needed to prevent such child labour from happening, it is impossible to enforce the laws upon everyone.
Fortunately, child labour in America is strongly prohibited (these are facts from this article,[1] but I doubt it). Child labour laws are enforced at the utmost severity and only children within the age limit are allowed to work. However, many countries around the world are not as prominent when it comes to the prevention of child labour.
Especially in locations with vast poverty, there is limited or no laws regarding whether or not there should be a limit on the age a child is allowed to work. These areas are in desperate need of workers, and resort to the unthinkable. Forcing children to work is a criminal act that is atrocious in the minds of many people.
There is no real way to prevent child labour in America completely, just like its laws cannot be enforced for child labour in India or many other countries. The best way to prevent it is to educate people about the risks or allowing child labour. Child labour in America is strongly prohibited (I am quite sceptic about this statement based on the reports[2] I have come across) thanks to child labour laws, but the only way to prevent it is to understand it.
[1] Susana Adame, ‘The Scandal of Child Labour in US farming’ <http://www.guardian.co.uk/commentisfree/libertycentral/2010/may/31/children-farm-jobs-immigrants>accessed 2 November 2010
[2] Marijke Peters, ‘Child Labour in US: dangerous double-standard’ <http://www.rnw.nl/english/article/child-labour-us-dangerous-double-standardaccessed> accessed 2 November 2010
Tuesday, 2 November 2010
Facts About Child Labour In America
Child labour is a widely controversial and complicated topic. There are certain laws that prevent a child from working if he or she is of a certain age. This limit is designed for the safety and welfare of the child along with the productivity of the companies in which children attempt to work for. The discussion of child labour in America can also have dealings with the rights of children. Should a child be allowed to work and be paid as an adult would? Many people strongly believe that children should not be allowed to. However, in many countries, children are forced to work illegally.
Throughout the world there are many companies that illegally use children for work, but child labour in America is protected by these laws. Child labour laws are enforced to protect the well being of children and to prevent them from being used and taken advantage of. There are many circumstances that often give children no other choice than to work. The question is, why? Many people use children for labour work to take advantage of the innocence all children have. They are often easily scammed and forced to do work without receiving minium wage or the money that is deserved. The sad thing is, many of these companies actually get away with exploiting the rights of children, especially without the laws enforced on child labor in America.
Although there are several child labour laws designed to protect children, I think that is nearly impossible to prevent child labour completely. Child labour in America, although prohibited is still evident in many locations. There will always be a place where children are forced to work either by consent of their parents or ignorance on their part.
I will be posting more on child labour in America and all around the world in the next few days.
Hope you guys find it interesting.
Stay tuned :)
Throughout the world there are many companies that illegally use children for work, but child labour in America is protected by these laws. Child labour laws are enforced to protect the well being of children and to prevent them from being used and taken advantage of. There are many circumstances that often give children no other choice than to work. The question is, why? Many people use children for labour work to take advantage of the innocence all children have. They are often easily scammed and forced to do work without receiving minium wage or the money that is deserved. The sad thing is, many of these companies actually get away with exploiting the rights of children, especially without the laws enforced on child labor in America.
Although there are several child labour laws designed to protect children, I think that is nearly impossible to prevent child labour completely. Child labour in America, although prohibited is still evident in many locations. There will always be a place where children are forced to work either by consent of their parents or ignorance on their part.
I will be posting more on child labour in America and all around the world in the next few days.
Hope you guys find it interesting.
Stay tuned :)
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