International Business Transactions Outline

14122 words 57 pages
IBT OUTLINE—Karamanian, Spring 2008

I. Modern Forms and Patterns of IBT a. Types of IBTs, categorized by penetration: i. export-import transaction ii. agent or distributor sells goods abroad iii. licensing to a foreign entity to manufacture and distribute products abroad iv. Joint ventures b. Forms of Trade i. Goods ii. Services iii. FDI iv. Knowledge/Technology Transfer c. MNE i. DEFINITION: a number of affiliated businesses which function simultaneously in different countries, are joined together by ties of common ownership of control, and are responsible to a common
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Issue delivery orders so that B doesn’t have to buy whole cargo. Delivery order issued to seller who had agents in Antwerp and who would make represerntations to ship’s master that the B had paid for cost and freight, and then the goods are released (first to S’s agent, then to B). Parties call this K a CIF, but didn’t have a negotiable B/L and B held insurance certificates 2. Goods are rerouted to Lisbon, and sold for lower price. B wants purchase price back, S offers only to give amount realized on sale in Lisbon. 3. HELD: This was not a CIF K; it was a K to deliver goods in Antwerp. This was an internal shipment from S to S’s agents. 4. SIG: under CIF transaction, B must get title vi. B/L in the context of the K of Affreightment 1. Private Carrier a. ship leased in whole or in part by special arrangement. b. K known as charger party c. private carrier owes a regular duty of care, i.e. only liable for damages to the extent that they were proximately caused by a breach of the obligations contained in the K of carriage. 2. Common carrier(strict liability (most common) a. carrier holds itself out to the general public as engaged in the business of marine transport for compensation. b. strict

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