Business Law

Business Law

Project 1

Answer 01

A court would first consider the matter to analyze if any applicable statuses can be applied to the situation. Besides that, the court would determine if there are any earlier relevant past court decisions applicable to the case. The court might find a similar case, though one not involving the internet, and extend the horizon of its application to the internet. Through this procedure, existing law clauses can be extended to become applicable to the new situation (Cheesman, 2012).

Difficulties could arise in the sense if courts extend the application of an existing law to a new area where pertinent differences are present that cause the application of the law to become inapplicable. Difficulties can also arise if the new area covers horizons for which no proper measures were outlined in the ruling of the previous case that was similar to the new one (Cheesman, 2012).

Answer 02

It appears that Supplymax is in accordance with the minimum requirements of contacts with Missouri State, because it has a distribution centre in Missouri and also advertises in national magazines that have target populace in Missouri. Due to this reason, Missouri would have personal jurisdiction. St. Louis would be where the case hearing would be held because the lawsuit instigated due to events taking place over there and the witnesses also reside in St. Louis. However, if the amount of damages exceeds $75,000, then Supplymax would be able to transfer the case to Federal court (Cheesman, 2012).

Answer 03

Confidentiality is one of the main reasons why organizations prefer to include arbitration clauses is that proceedings related to arbitration are confidential and kept private. This is because the parties are obliged to remain confidential and are instructed to not disclose information that will result from arbitration proceedings. Because the hearings take place privately, the sensitive information is saved from being made public and that is an advantage. This also reduces the likelihood of any dispute being made public and setting a precedent that can later be used by claimants who might exercise a similar claim (Cheesman, 2012). Other than that, the costs are less than those incurred for litigation, the speed is more than what it takes in litigation proceedings, and the decisions made are mostly held final.

Some of arbitration's disadvantages are that it may become an extremely complex case, the final decisions being made might be influenced by the stronger and ...