EBK THE LEGAL ENVIRONMENT OF BUSINESS:
10th Edition
ISBN: 9781337516051
Author: Miller
Publisher: YUZU
expand_more
expand_more
format_list_bulleted
Question
Chapter 11, Problem 3RE
Summary Introduction
Case summary: Government of H entered into a contract with an arms dealer known as R to buy weapons. When the government was changed in H then the government decided to reduce military size which resulted in deterioration of relationship with R. The government H refused to honor the contract by purchasing more arms and paying lesser amount for the same. R filed a case in the federal district court of the US to recover the damages.
To find:the doctrine of deference that leads the U.S Court to dismiss R’s case.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solution
Students have asked these similar questions
On October 1, 2021, Garcia Exporters, a manufacturer in India, made a contract to sell 200,000 tie-dyed beach chairs to Lesh Imports, a NY corporation, for “$300,000(US), CIF New York, shipment, direct or indirect, to arrive on or before February 1, 2021.” The contract required Lesh Imports to obtain a Letter of Credit “issued or confirmed by a reputable N.Y. commercial bank.” Lesh intended to resell the beach chairs to customers in the northeastern United States in the beginning of March 2022.
On October 10, 2021, Hart National Bank (NY) issued a Letter of Credit for the benefit of Garcia in the amount of $300,000(US), to expire on November 30, 2021. The Letter of Credit required presentment of a Bill of Lading showing a shipment “to arrive NY on or before February 1, 2021.”
On October 17, 2021, Garcia delivered the 200,000 beach chairs to Weir Shipping Lines in India for shipment to NY on the container ship “Of Fools.” The Bill of Lading, dated October 17, 2021, stated that the ship…
The U.S. Pineapple industry alleged that producers of canned pineapple from the Philippines were selling their canned pineapple in the United states for less than its fair market value (dumping). In addition to canned pineapple, the Philippine producers exported other products used as pineapple juice and juice concentrate. these products used separate parts of the same fresh pineapple used for the canned pineapple. All these products shared raw material costs with the canned fruit, according to the producers' own financial records. To determine fair value and anti-dumping duties, the pineapple industry argued that a court should calculate the Philippine producers' cost of production and allocate a portion of the shared fruit costs to the canned fruit. The result of this allocation showed that more than 90 percent of the canned fruit sales were below the cost of production. Is this a reasonable approach to determining the production costs and fair market value of canned pineapple…
ABC Co. signed a contract to export 200 M/T of beans. The letter of credit stipulated, "Partial
shipment not allowed". When the shipment was being made, the exporter loaded 100 M/T
each on board the same vessel for the same voyage at the port of Shanghai and the port of
Dalian. The shipment document was clearly marked with the ports of shipment and the dates
of shipment. Did the exporter violate the terms of the L/C?
Chapter 11 Solutions
EBK THE LEGAL ENVIRONMENT OF BUSINESS:
Knowledge Booster
Similar questions
- Three banks that are wholly owned by the Republic of Costa Rica had issued promissory notes, payable in U.S. dollars in New York City. The notes are now in default due solely to actions of the Costa Rican government, which had suspended all payments of external debt because of escalating economic problems. Efforts by Costa Rica to curb foreign debt payment difficulties conflicted with U.S. policy for debt resolution procedure as conducted under the auspices of the International Monetary Fund. A syndicate of U.S. banks brought suit to recover on the promissory notes. The three Costa Rican banks assert the act of state doctrine as a defense. Should the doctrine apply? Explain.arrow_forwardA restraint of trade agreement that is unreasonable is regarded as lawful, valid and binding. True or false?arrow_forwardA business entity incorporated under the laws of one of the European Union (EU) member nations contracts with the government of a developing nation to form a joint venture for the mining and refining of a scarce raw material used by several industrial nations in the manufacture of highly sensitive weapons systems. The contract calls for the EU-based corporation to invest money and technology that will be used to build permanent refinery plants that eventually will revert to the developing nation. The developing nation also reserves the right to set quotas on sales of this scarce resource and to choose the destination of exports. Due to political conflicts, the developing nation refuses to allow any exports of the scarce material to the United States. This causes a sharp price increase in exports to the United States by other suppliers. The United States asserts antitrust violations against the EU-based corporation for the effects produced within the United States. Should the United…arrow_forward
- Nigeria, an African nation, while in the midst of a boom period due to oil exports, entered into $1 billion of contracts with companies in various countries to purchase huge quantities of Portland cement. Nigeria was going to use the cement to build and improve the country’s infrastructure. Several of the contracts were with American companies, including Texas Trading & Milling Corporation (Texas Trading). Nigeria substantially overbought cement, and the country’s docks and harbors became clogged with ships waiting to unload. Unable to accept delivery of the cement it had bought, Nigeria repudiated many of its contracts, including the one with Texas Trading. When Texas Trading sued Nigeria in U.S. District Court to recover damages for breach of contract, Nigeria asserted in defense that the doctrine of sovereign immunity protected it from liability. a) What does the commercial activity exception to the doctrine of sovereign immunity provide? b) Did Nigeria act ethically in…arrow_forwardThe Concentrated Phosphate Export Association consists of the five largest phosphate producers. The Agency for International Development (AID) undertook to sell fertilizer to Korea and solicited bids. The association set prices and submitted a single bid on 300,000 tons. A paid the contract price, determined the amounts to be purchased, coordinated the procedure for buying, and undertook to resell to Korea. The Justice Department sued the association and its members, claiming that their actions violated Section 1 of the Sherman Act. What defense might the defendants have? What is the result?arrow_forwardSportswear manufacturers, Caribbean Premium Sportwear (CPS), signed a contract with a top Trinidadian footballer in terms of which they would pay him a substantial amount of money to wear only their brand of clothing, which they promised to provide to him free of charge. The contract does not specify the date of delivery. Answer the following questions based on the above facts: A. Two months after entering into the contract CPS has not yet delivered the clothing. Have they breached the contract? Explain in full. B. In the event of CPS being in breach of contract, advise the footballer as to the legal remedies available to him, with specific emphasis on what he has to prove in order to succeed in his claim.arrow_forward
- In 2007, five major U.S. publishers had negotiated a new business model for e- book pricing with Apple, which was getting ready to launch the iPad. After at least one of the publishers threatened to delay the release of its digital editions to Amazon unless it switched to a more lucrative model, Amazon reluctantly agreed, and e-book prices rose across the industry to about $14.99. The U.S. Department of Justice later accused the parties of colluding to artificially raise e-book prices. a) Does this decision have any effect on the App Store or other Apple businesses? b) Who are the parties involved with this negotiation and what were their interest to negotiation? c) What would be the probable advantages and implications of this negotiation decision?arrow_forwardA letter of credit is issued in favor of the importer;True or Falsearrow_forwardPlease assist in answering the following questions: Sportswear manufacturers, Caribbean Premium Sportwear (CPS), signed a contract with a top Trinidadian footballer in terms of which they would pay him a substantial amount of money to wear only their brand of clothing, which they promised to provide to him free of charge. The contract does not specify the date of delivery. Answer the following questions based on the above facts: A. Two months after entering into the contract CPS has not yet delivered the clothing. Have they breached the contract? B. In the event of CPS being in breach of contract, advise the footballer as to the legal remedies available to him, with specific emphasis on what he has to prove in order to succeed in his claim.arrow_forward
- Enforcing contracts that cross international borders is: the responsibility of Interpol. simply a matter of applying the local law to the contract. secondary to who has possession of the goods, regardless of title. quite complicated and governed in most nations by the CISG.arrow_forwardDe Beers and Conflict Diamonds (A) For decades De Beers operated a cartel in the diamond industry in which it controlled nearly 80 percent of the distribution of rough diamonds.80 De Beers also produced, primarily in South Africa, a large but decreasing share of the world’s diamonds. The company founded by Cecile Rhodes and managed by the Oppenheimer family bought under long-term contracts the bulk of the world’s diamonds from mining companies, maintained a large inventory, and sold rough diamonds in an orderly manner to maintain high prices. Distribution of the diamonds was through the Central Selling Organization in London, which sold in bulk to diamond cutters.81 De Beers did not have retail operations. This system worked well until 1990 when the production of diamonds increased and more began to leak into the market. The collapse of the Soviet Union and increased production there and production increases in Western Canada and elsewhere resulted in an increase in the…arrow_forwardKwaku Issaka is a 14-year boy from a wealthy home. On 21st May 2021, Kwaku Issaka entered a shop in Accra to purchase the following items: PlayStation 5 iPhone 13 Three pairs of men’s formal shoes made by Alexander Kwaku Issaka did not have enough money to pay for all the items at once. He, therefore, entered into an agreement with the shop owner, Mr. Boateng, to pay the outstanding amount owed in five installments. However, after paying the first installment, Kwaku Issaka fell into arrears. The two parties then entered into another agreement under which Kwaku Issaka was to work for Mr. Boateng for a year without any salary for Kwaku Issaka’s debt to be forgiven. Kwaku Issaka has started working, but the work is affecting his school activities to the extent that he was last in his class. Kwaku Issaka’s parents have approached you as a renowned expert in contract law to assist them. Advise them accordingly. Your solution should follow the IRAC Principle is an acronym which depicts,…arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education