Sample Law Paper on Law and Legal Issues

Law and Legal Issues

Disputes among companies and industries concerning their miss-relation due to some circumstances is a necessary experience, which only the governed can resolve process. Both national and international laws apply to such disputes as they may otherwise affect the whole country and their relationship with each other. For instance, the dispute between Harvey Fresh Agricultural Products Co Ltd (‘Harvey Fresh’) and Louis Quality Foods Imports and Exports Pte Ltd (‘Louis Singapore’) can only come to regulation by the influence of the law governing the international markets; exports and imports.

Concerning the contract whereby Louis Quality Foods Imports and Exports Pte Ltd (‘Louis Singapore’) awards Harvey Fresh Agricultural Products Co Ltd (‘Harvey Fresh’) to trade their goods, which is oats, there arises a dispute in the trade. In this document, the discussion involves details on the conflicts and solutions that may occur due to the misunderstanding of two companies in which the deal they had did not get through.

In the sale, the parties involved are Harvey Fresh Agricultural Products Co Ltd (‘Harvey Fresh’), the seller of oats, Louis Quality Foods Imports and Exports Pte Ltd (‘Louis Singapore’), the buyer and High seas Shipping (‘Highseas’), the shipping industry.

The seller of the goods, who is Harvey Fresh Agricultural Products Co Ltd (‘Harvey Fresh’),  is the industry that should be bear the loss s, which caused the dispute following that during the planning of the traded and lading, the Shipping, which is High seas Shipping (‘Highseas’),  was not provided with the requirements of the goods. Therefore, Harvey Fresh, the seller, should face the loss since the goods are not taken in by the buyer.

Harvey Fresh Agricultural Products Co Ltd, the seller might decide to bring up a claim against the carrier, as they were not concerned by the goods’ requirements and did not check the condition of the goods during the typhoon. The claim may, in turn, cause the carrier to bear the loss of goods if they do not defend themselves since the report from the third-party authority claimed that the mold on the goods developed approximately ten days after the beginning of the carriage of goods, the carrier will rely on that.

Commonwealth Bank of Australia (CBA) is the bank that acts as the advising bank in that trading dispute. As informed by the buyer, the bank should not pay for the goods. Even though only 40% of the total goods were spoiled, the buyer did not agree to receive them, so the bank must not pay the seller. Also, Harvey Fresh Agricultural Products Co Ltd, the seller, following the bill of lading, set the goods later than disagreeing with the required time as per the letter of credit. Hence, this was an added disadvantage of the release of payments to the seller.

Suppose I was the legal counsel of Harvey Fresh concerning the contract with Louis Singapore, I would draft a dispute resolution. For instance, a law has often had a decisive influence on the results when applied to a disagreement (Clement 2013). So the clauses and propositions that I would resolve include the following key provisions:

Negotiation

The gatherings might attempt to determine their debates through exchange preceding discretion. By negotiating, the dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. As a result, negotiation gives the parties an advantage in that they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

Arbitration 

By any chance that the parties do not come to a conclusive resolution or their terms within 60 days, then the dispute is resolved in the subsequent debates, cases, questions, or contrasts as it is based on the consideration of such associations as the American Arbitration Association as per the regulations of its Commercial Arbitration Rules. Therefore, the influence of the association propels the resolution and hence makes the arbitrary method a useful way of settling disputes.

Mediation

Before submitting the dispute to arbitration, I would recommend the parties attempt a mediation process as it can be accomplished by the parties agreeing to mediation. This voluntary process may be entered into either by a standalone agreement or incorporated into an arbitration clause as a first step. It may be terminated at any time by either party. Since the court may take on a more interventionist approach, this way of mediation becomes an added advantage to the disputed parties since no other third party will resolve their case; hence the relation will be regained at their pleasure.

Moreover, following that, only 40% of the goods got spoiled, Harvey Fresh could have been paid for the remaining 60% of the goods. So Louis Singapore could have agreed to take in the remaining quality or non-spoiled oats since it is an animal feed making it safe for consumption by livestock.

As an individual enterprise, Louis Quality Foods and any of its subsidiaries should protect their interests at any cost. The enterprises have the right to run their business peacefully regardless of the co-relation in trademark similarities. According to Krock and Lipsay, choosing law provision that the contract construes following the law of any jurisdiction should not be held to face fraud-in-the-inducement claim, which is a result of continued reasoning in a lot of other jurisdictions (1996). Therefore, Louis Singapore is in the best place to protect their interests since it is the parent company that incorporated the other subsidiary companies.

The Chinese government’s sanctions against the Australian farms and the Australian agricultural industry impacted these industries with claims that their products were bio-hazardous. The shares have disabled the output and the outcomes of the companies to be somehow low quality or even invalid. But since each industry has the legal right to resourceful use the land and trade with ease in every nation, the Australian farms and the Australian agricultural sector should rely on international laws.

The international laws protect and allow each global industry to display their resourcefulness in the international markets by favoring such contracts like the one between Harvey Fresh Agricultural Products Co Ltd (‘Harvey Fresh’) and Louis Quality Foods Imports and Exports Pte Ltd for trading oats (Kapeliuk & Klement 2010). But any claims against such industries which, due to unavoidable circumstances, unguaranteed trade quality of goods, the laws should determine the validity or worth of such products by the company. Therefore, it is significant for such companies or international industries that face rejection to rely on general laws for the stability of their reputation.

In addition, now the courts have understood that balance of accommodation must be given its expected significance, for it might permit the make a difference to be allowed in an unfamiliar court showed it is persuaded that the party has a lawful cure in the concerned foreign jurisdiction.

In conclusion, laws are an essential remedy for such disputes and invalid claims against trading companies or industries. The laws give power to any industry when it faces rejections and rumors that lowers its standards and reputation. Therefore, it is essential to consider such laws in case of such disputes and claims to win in any case.

 

 

 

References

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