InternationalBusinessLaw-Chapter1剖析.pptVIP

Case Study Gaskin v. Stumm Handel GMBH Questions: 1. Why did Gaskin claim that he was not bound by the forum selection clause included in the contract to which he agreed? Answer: Gaskin asserted that since he did not understand what a forum selection clause was, due to it being in German, he could not have agreed to it. 2. Would the outcome have been different had Gaskin been illiterate? Answer: No. In fact, Gaskin was illiterate—in German. One who signs a contract is bound by that agreement, otherwise Gaskin could simply nullify contractual provisions through his inattentiveness or purposeful neglect in reading them. Case Study Gaskin v. Stumm Handel GMBH Questions: 3. Which party, if any, is obligated to provide translation services when dealing with matters in two different languages? Answer: Neither party is obligated, but translation services are available worldwide. The local offices of the U.S. Department of Commerce can assist a U.S. firm in arranging translation services abroad. One should clarify this in advance with the host. Case Study Gaskin v. Stumm Handel GMBH Questions: 4. If prudent companies execute two copies of a contract, one in each language, which is the operable and effective document? Answer: Both represent the understanding of the parties, but this may depend in part on the court hearing the dispute, This practice is relatively common and is a requirement for doing business in many countries, notably the former Soviet Union and the People’s Republic of China. International Business Law Objectives: To understand the legal aspects of international business transactions Contents: the rules and norms that regulate the person-to-person relationship between two parties transacting business across national borders. International Business Law Important legal English terms: 1. norms: 标准，规范，法则，规则，准则。该词一般指组织或惯例中的准则或规则，不指立法机关所制定的法律。 2. law: 法律，法令。该词较常用，主要指由最高当局制定、由立法机构通过或由习惯认可而由法院执行的法律。 3. code: 法典、法规。着重指集体的法规，如civil code