As the international trade and contract law scholars Yeon-Koo Che and Essay

As the international trade and contract law scholars Yeon-Koo Che and Tai-Yeong Chung - Essay Example As noted by Todd, the sale of goods contract functions to articulate the conditions of a particular transaction and elucidate its particularities, from the description of the goods being sold to the place and time of delivery.2 In other words, the sale of goods contract details the conditions and circumstances which would govern a particular transaction. Given the supposedly comprehensive nature of the referenced document it thus functions as a reference point in instances of contract dispute. The nature of a sale of good contract is quite complex consequent to the fact that it may be written or verbal and can contain both implicit/implied terms as well as explicit ones. Contract law has determined that sales agreements can either be written or verbal and can embrace both implied and explicit terms. In other words, the law's position is that in the absence of a written contract, nonverbal contracts, as in precontractual statements, are taken into consideration. 3 In addition, the standard requirements pertaining to sales of goods and the rights of the buyer versus the obligation of the seller are taken into immediate consideration.4 Case law establishes the import of, and the circumsta... ave been interpreted as precontractual terms but, were eventually excluded from writing, suggests that they were not intended as contractual terms.5 However, in the matter of Pena v Dale (2003), where the rights and obligations of parties to a commercial transaction were disputed and there was no written contract, the court found, in the absence of a written contract and if both parties had acted as if there was a contract in place, the implied terms of the verbal contract are enforceable.6 In cases of international trade/international sale of goods, contracts tend to be governed by the terms set forth by both the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Incoterms, while the actual carriage of the goods from one port to another are governed by the Hague Visby Rules (HVR) as amended by the Brussels Protocol, 1968. These contrcats, as stated in the above and as established by case law, may be both written and verbal and may include both implicit and explicit terms and involve the sale of both ascertained and unascertained goods. Accordingly, the very nature of sales of good contracts is complex but, as shall be discussed in reference to the case at hand, all of CISG, Incoterms and HVR attempt the facilitation of these agreements. Even though neither Ghana nor Nigeria are parties to CISG, case law effectively maintains the applicability of CISG terms to spheres outside its influence for one simple purpose: courts have found the terms contained within CISG to be generally consistent with the legal framework outlining sales of goods terms in both civil and common law systems. In OLG Hamm 9 June, 1995, the court found that even if seller and buyer had agreed to apply civil law terms to international sales of good contract,

Principles of Marketing Term Paper Example | Topics and Well Written Essays - 1500 words

Principles of Marketing - Term Paper Example Products that are marketed under private brands such as Wall-Mart and Carrefour Group are sold at a lower cost compared to other products of similar value. Low price without compromising quality is the main factor that motivates con summers of goods under private label. Customers who seek the classification of products in one family brand are motivated to buy such products are motivated by availability of quality products under the brand. Customers who buy Del Monte fruit juice are likely to buy fruit products under the same brand. 2) According to Abraham Maslow’s Hierarchy of Needs, take products from the industries mentioned below and identify a minimum of two products for each level of the hierarchy. Then answer the follow-up questions. A product would be categorized in the esteem category rather than the social-belonging category due to its role in determining people’s attitude. In addition, the degree or quality of products in this class depends on social values. It is difficult to identify actual brand for the class of self-actualization products. This is because the value of products in this class depends on personal effort and abilities. For instance studying in the best college does not make a person to be excellent in problem solving. I would stand in a shopping mall and observe the visual reaction of customers concerning the new brand. I will also observe people’s behavior when consuming the product for example do they like to consume the Snapple drink while they are traveling or when seated down in a restraint with friends. I will introduce the drink to a selected population such as a school and analyze the students purchasing behavior for a period of one month. The introduction will involve giving free sample to the students and requesting them to be buying the product. In the survey, I will observe people purchasing behavior such