Question 1

Explain the doctrine of forum non conveniens.

Accepted Answer

When a dispute involving an internationa

Question 2

Dumping is the process where

Accepted Answer

A) a foreign firm sells goods in Canada at prices lower than it sells these same goods for in its own domestic market. 
B) domestic producers of similar products cannot compete on price. 
C) the government is required to impose countervailing duties. 
D) a foreign government provides special benefits to its producer in order to assist them to export into Canada. 
E) many consumers are alienated toward the product because of the quality. 
A) a foreign firm sells goods in Canada at prices lower than it sells these same goods for in its own domestic market. 
B) domestic producers of similar products cannot compete on price. 
C) the government is required to impose countervailing duties. 
D) a foreign government provides special benefits to its producer in order to assist them to export into Canada. 
E) many consumers are alienated toward the product because of the quality.

Question 3

Explain what a Canadian court would do to determine whether to permit the enforcement of a judgment obtained in a foreign country.

Accepted Answer

The Canadian court would determine if th

Question 4

What is the proper law of an international contract?

Accepted Answer

The proper law is the law the parties in

Question 5

A buyer in British Columbia purchases equipment from a manufacturer in China.The contract between the parties stipulates that any dispute between the parties arising out of the transaction will be decided by an arbitrator in Switzerland.The buyer is not satisfied with the quality of the equipment and brings the dispute before an arbitrator in Switzerland.What law will the arbitrator apply to resolve the dispute?

Accepted Answer

A) the law of British Columbia 
B) the law of Switzerland 
C) the law that has the closest connection with the contract 
D) the law of China 
E) the law that the parties agree should apply 
A) the law of British Columbia 
B) the law of Switzerland 
C) the law that has the closest connection with the contract 
D) the law of China 
E) the law that the parties agree should apply

Question 6

International transactions result in a wide variety of legal relationships.Name some of the contractual relationships.

Accepted Answer

These contractual relationships include

Question 7

What information would you expect to see on the invoice used in an export transaction?

Accepted Answer

The invoice states the names and address

Question 8

The WTO promotes the principle of "non-discrimination." What is the principle of non-discrimination? How does that principle affect "most-favoured nation treatment"? How does it affect quotas?

Accepted Answer

The principle of non-discrimination says

Question 9

What is an export house or freight forwarder and why are their services important in facilitating export sales?

Accepted Answer

Export houses or freight forwarders are

Question 10

Aside from establishing a branch or subsidiary in a foreign country,an FDI is conducted by means of a partnership.

Accepted Answer

A) True 
 B)False

Question 11

Courts require that an action have some "connecting factor" or a "real and substantial connection" with the country or province in which the party seeks to bring the action.The question of whether a court will hear an action and allow a lawsuit to proceed in the court of that jurisdiction is called

Accepted Answer

A) ultra vires. 
B) foreign jurisdiction. 
C) parallel proceedings. 
D) assume jurisdiction. 
E) multiple proceedings. 
A) ultra vires. 
B) foreign jurisdiction. 
C) parallel proceedings. 
D) assume jurisdiction. 
E) multiple proceedings.

Question 12

Before a court assumes jurisdiction over an international business dispute,the issue must have a connecting factor.

Accepted Answer

A) True 
 B)False

Question 13

Explain the test that is applied in Canada before the foreign acquisition of a large Canadian business is authorized.

Accepted Answer

Canada applies what is referred to as th

Question 14

Pursuant to the forum non conveniens principle,a court may refuse to hear a proceeding because another jurisdiction is more appropriate or more closely connected to the matter.

Accepted Answer

A) True 
 B)False

Question 15

A free trade area is one in which customs duties are always imposed.

Accepted Answer

A) True 
 B)False

Question 16

Courts do not encourage "forum shopping"-that is,allowing a plaintiff to pick the location only because it is likely to view the claim favorably.

Accepted Answer

A) True 
 B)False

Question 17

Unlike domestic contracts,international contracts are more likely to involve special problems,such as

Accepted Answer

A) complexities involving transportation,insurance,and financing. 
B) the use of carriers,insurers,and banks. 
C) the interference of foreign governments and their agents. 
D) the usual buyer-seller language barrier. 
E) those created by export houses and freight forwarders. 
A) complexities involving transportation,insurance,and financing. 
B) the use of carriers,insurers,and banks. 
C) the interference of foreign governments and their agents. 
D) the usual buyer-seller language barrier. 
E) those created by export houses and freight forwarders.

Question 18

Briefly define security for costs and discuss how it may adversely affect a foreign plaintiff.

Accepted Answer

Foreign plaintiffs without assets within

Question 19

Anti-dumping duties may be levied when one country's goods are dumped in another country.

Accepted Answer

A) True 
 B)False

Question 20

SlamDunk Inc.,a Vancouver,B.C.,firm,agrees to sell to SuperVideo Ltd.of Barcelona,Spain,500 video games with DDP terms.This means that SlamDunk will arrange for and pay the cost of shipping,the insurance,and the

Accepted Answer

A) export license. 
B) brokerage fee. 
C) inspection fee. 
D) agent's commission. 
E) import duties. 
A) export license. 
B) brokerage fee. 
C) inspection fee. 
D) agent's commission. 
E) import duties.

Exam 30: International Business Transactions

Explain the doctrine of forum non conveniens.

Dumping is the process where

Explain what a Canadian court would do to determine whether to permit the enforcement of a judgment obtained in a foreign country.

What is the proper law of an international contract?

International transactions result in a wide variety of legal relationships.Name some of the contractual relationships.

What information would you expect to see on the invoice used in an export transaction?

The WTO promotes the principle of "non-discrimination." What is the principle of non-discrimination? How does that principle affect "most-favoured nation treatment"? How does it affect quotas?

What is an export house or freight forwarder and why are their services important in facilitating export sales?

Aside from establishing a branch or subsidiary in a foreign country,an FDI is conducted by means of a partnership.

Courts require that an action have some "connecting factor" or a "real and substantial connection" with the country or province in which the party seeks to bring the action.The question of whether a court will hear an action and allow a lawsuit to proceed in the court of that jurisdiction is called

Before a court assumes jurisdiction over an international business dispute,the issue must have a connecting factor.

Explain the test that is applied in Canada before the foreign acquisition of a large Canadian business is authorized.

Pursuant to the forum non conveniens principle,a court may refuse to hear a proceeding because another jurisdiction is more appropriate or more closely connected to the matter.

A free trade area is one in which customs duties are always imposed.

Courts do not encourage "forum shopping"-that is,allowing a plaintiff to pick the location only because it is likely to view the claim favorably.

Unlike domestic contracts,international contracts are more likely to involve special problems,such as

Briefly define security for costs and discuss how it may adversely affect a foreign plaintiff.

Anti-dumping duties may be levied when one country's goods are dumped in another country.

SlamDunk Inc.,a Vancouver,B.C.,firm,agrees to sell to SuperVideo Ltd.of Barcelona,Spain,500 video games with DDP terms.This means that SlamDunk will arrange for and pay the cost of shipping,the insurance,and the

Law, society, and Business

The Machinery of Justice

Government Regulation of Business

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

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Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Sale of Goods and Consumer Contracts

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Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

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