International business law

In this assignment, we analyze and try to build some solutions for a typical business law case. In the general context, let us assume we are a 75-person company called "Company" in the fictional French-speaking country of Euphoria, whose capital is Anytown, and which has a legal system closely resembling that of France. It is a party to the Cyber Infrastructure Specialty Group or CISG. Company designs and sells a newly-invented mobile phone, the CoolPhone that can be worn on the user's wrist by means of an ordinary watch strap and uses a wireless earpiece. One of the managers who learned that we studied International Business Law at ISEG, asks us to help them handle the following three situations.

[...] The last but not least situation is about damages supported by a consumer. In this situation, Company has to refer to norm and regulation tests that its CoolPhone passed through before getting a foothold on the market. If everything has been checked right, there was no reason that the consumer’s accident happens only because of our phones, but maybe because of its GPS. Because nothing is perfect, it could happen negligence or a breach of care duty during the manufacturing. [...]

[...] The question to ask ourselves is that does Annette can go to the competition. Eunice should look at Annette contract and checked if a clause of non-competition has been included. The non-competition clause is highly used in today’s contract and especially in the technology and research industry in order to keep confidential patents, and work conditions. This clause lay down confidential obligations after the end of employment term in order to protect Company, and in order to prevent the employment by a direct competitor. [...]

[...] If there is no clause about compensation for delays, we can examine which kind of excuses does not involve our responsibility. In case of “force majeure”, for example a tornado, a tsunami, or a cyclone, that would hinder the shipment or the manufactory, Company can be take for responsible and insurance would cover those injuries, only if included in the contract of course. There are other cases where delays are not only caused by Company. For example, the buyer could have shown some troubles to give its last decision concerning the logo at the back of CoolPhone. [...]

[...] But in order to be intercultural respectful, we will started to work on their draft that our lawyer would arranged to protect our know-how. Then, Company and ChinaCo can agree on a standard international litigation retainer contract. The intellectual property clause as well as the non-compete or the human right clause has to be previously discussed with ChinaCo in order to start working on right basis. Eunice would put her mind at ease as well as yourself because every case of dispute would be take in charge in the contract. [...]

[...] The noncompete clause includes generally a consideration doctrine. But this clause has to include reasonable limitations because some firms wanted to take advantage of it and would like to forbid the access to other competitors for a too much longer time of period. The Court had held conditions and limitations in order to frame this clause: the company that wants to apply this clause has to have to protect its knowledge and its special know-how from the competition; the clause is not free and must have a compensation for the employee that agree to be limited in time and space; and finally the clause has also to permit the employee to be as wider as possible in order to let the employee find another job outside with his skills. [...]