• Title/Summary/Keyword: common goods

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A Study on the Identification between Shipowner and Charterer to Sue for the Liability of Transportation -Focused on English and Canadian Common Law-

  • Jung, Sung-Hoon
    • International Commerce and Information Review
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    • v.8 no.4
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    • pp.147-156
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    • 2006
  • In all cargo cases one of the first things the person handling the claim must do is decide who is potentially liable as a carrier of the goods. This issue arises because bills of lading often do not identify the carrier. The "carrier" could be the shipowner or the charterer or both. The issue of the identity of the "carrier" is a question of fact. The question to ask in each case is who undertook or agreed to carry and deliver the goods. The answer to this question will largely depend on the facts. The shipowner is almost always liable as a carrier under Common law provided there is no demise charter of the ship. The more recent case law, however, suggests that in the usual situation both the charterer and shipowner will be liable. Accordingly, both the owner and charterer should be put on notice of any claim and, in the event an extension of suit time is required, the extension should be obtained from both. An alternative method by which the charterer can avoid liability is to insert and 'Identity of Carrier' clause in the bill of lading.

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The Writing Requirement of Contracts for International Sales of Goods: the CISG and the US Laws (국제물품매매계약에서의 서면요건에 대한 고찰: 미국계약법과 CISG 비교를 중심으로)

  • Ha, Choong-Lyong
    • International Commerce and Information Review
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    • v.14 no.4
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    • pp.203-225
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    • 2012
  • This paper investigates the difference of writing requirements between the UCC2. and the UN convention on international sales of goods (CISG). To do it, the U.S writing requirement by statute of frauds was introduced by two sources of laws including common law and UCC${\S}$2-201. Although the U.S. statute of frauds requires some contract to be written with formalities, the way the requirement is satisfied is quite flexible in terms of its formalities. The UCC is more flexible than the common law in its formalities. The CISG does not require the sales contract to be written with any format, which is totally different from the U.S statue of frauds. Such differences between the U.S laws and CISG in writing requirement were investigated in the context of conflicts of laws.

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The Allocation of Risk under Sale of Goods in American Law - Focused on the Uniform Commercial Code and Cases - (미국법상 물품매매계약에서의 위험의 분배 - 통일상법전(UCC)의 규정 및 사례를 중심으로 -)

  • Kim, Young Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.59-98
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    • 2013
  • Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. Under the Uniform Commercial Code (UCC), there are four risk of loss rules, in order of application. First, it is agreement that is the agreement of the parties controls. Second, the breaching party is liable for any uninsured loss even though breach is unrelated to the problem. Hence, if the breach is the time of delivery, and the goods show up broken, then the breaching rule applies risk of loss on the seller. Third, the delivery by common carrier other than by seller is necessary: Risk of loss shifts from seller to buyer at the time that seller completes its delivery obligations; If it is a destination contract, then risk of loss is on the seller; If it is a delivery contract, then the risk of loss is on the buyer. Fourth, if the seller is a merchant, then the risk of loss shifts to the buyer upon buyer's receipt of the goods. If the buyer never takes possession, then the seller still has the risk of loss. This paper discusses problems of risk of loss under the American law. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of risk of loss issues for Korean law.

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Mothers' Awareness and Knowledge of the First Birthday Rite(Dol) and Choice of First Birthday Rite Goods (돌 의례에 대한 어머니들의 인식과 지식, 돌 의례 상품 선택에 관한 연구)

  • Ju, Young-Ae
    • Journal of Family Resource Management and Policy Review
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    • v.18 no.1
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    • pp.1-28
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    • 2014
  • The purpose of this study is to suggest how the first birthday rite, a practice in Korean culture, has changed over the time. A survey of 250 mothers was undertaken from October 11th to November 6th, 2012. The research questions asked in this study are as follows. What general and expert views are held about the first birthday rite? What type of awareness and knowledge do mothers have about the first birthday rite? Is there any correlation between mothers' awareness and knowledge about first birthday rite? What is the importance of the components of the baby's first birthday rite and the importance of choosing first birthday rite goods? The data were analyzed using SPSS 17.0. Frequency, F-test, correlation were also employed. The results of this study are as follows: The first birthday rite shows a clear link to socializing. It is a family event, but is also seen as an opportunity to enhance relationships with relatives, colleagues, and friends. A banquet hall is chosen as preferred first birthday rite location, and participants are served a meal and receive gifts. The banquet information on first birthday rites was initially collected from the internet, blog cafes, and an experienced. However, it has become gradually more common to hire a consultant to organize the first birthday rite. Awareness of the first birthday rite is high, but knowledge is relatively low. In addition, there is a positive relationship between awareness and knowledge about the first birthday rite. When mothers are preparing for their baby's first birthday, they consider food for the guests' banquet, space and time. Finally, individual positive relationships were found between choosing first birthday rite goods and employee services, contract pricing for goods, and food for guests.

A Study on the Time of Examination of Buyer in Contract for International Sale of Goods (국제물품매매계약(國際物品賣買契約)에서 매수인(買受人)의 물품검사시기(物品檢査時期))

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.63-82
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    • 2003
  • The time of examination of buyer in international sales contract is very significant, because the time is related with the period of claim in buyer's aspect. From the legal point of view, the time of delivery, the time of examination and the time of quality decision should be in accord. But the buyer, whose main place of business is located in importing country, wants to examine the goods in his own country. Therefore in CIF or FOB Contract, the place of delivery and the place of examination are divided. Thus the CISG, the Common Law System and the Civil Law System including Korean Law stipulate the buyer's examination at the destination if the sales contract involves carriage of the goods. This author, from the buyer's perspective, would like to make the following suggestions in regard to the time of examination when the sales contract is made. First, the time of examination and the time of quality decision should be in accord, even though the time of delivery is different. Second, the buyer should clearly indicate the time, the place, the inspector, the particulars and the burden of proof in regard to examination when contracting. Third, the buyer should also clearly indicate the period of notice for the lack of conformity in Claim Clause of sales contract, which should be counted from the time of examination. Fourth, the buyer should remember that he many lose the right to rely on the lack of conformity of the goods if he does not give the seller notice thereof within the stipulated time or reasonable time. Finally, if the buyer wants, to examine the goods at the place of shipment, it is desirable for the buyer to designate internationally recognized inspection organization like SGS.

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Making a Transition from the OEM to the OBM in Consumer Goods Industry: Cases of Three Companies in Korea (후발 소비재 기업의 'OEM함정' 탈출과 OBM 이행 과정의 분석: 한국 3개 기업의 사례)

  • Park, Won-Myung;Kim, Sung-Hee;Kim, Yoon-Zi;Lee, Keun
    • Journal of Technology Innovation
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    • v.15 no.2
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    • pp.61-81
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    • 2007
  • A typical small firm in consumer goods sectors of developing countries is an OEM supplier to big MNCs. Lacking design and marketing capability, a small firm relies on the MNCs for survival but their long term growth is not guaranteed as the MNCs are always looking for, and ready to relocate to, cheaper production sites. In this light, we can say that there is something like "OEM trap" from which most firms from LDCs find difficult to move out (Lee 2005). In this situation, one way for long term growth and catch-up is to make a transition to the OBM (own brand manufacturer). But, the transition is not easy or even risky. This paper analyzes the cases of three companies in Korea to find out common features in their successful transition to OBM. They are Aurora World (a flush toy maker), Hankook Chinaware (a chinaware maker), and Hanacobi (a plastic-made food container maker with the Lock-and-Lock brand). These firms can be commonly characterized by 1) arranging access to external knowledge base and steady increase of in-house R&D efforts and capabilities leading to acquisition of formal IPRs and their management, and 2) establishment of global production networks with factories in lower-income countries as well as their own independent global marketing network.

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The Dynamics of Indonesia's Current Account Deficit : Analysis of the Impact of Exchange Rate Volatility

  • Purwono, Rudi;Mucha, Karima;Mubin, M. Khoerul
    • The Journal of Asian Finance, Economics and Business
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    • v.5 no.2
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    • pp.25-33
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    • 2018
  • In the globalization and free trade era, the current account deficit problem is a common phenomenon experienced by most countries, both developing and developed countries. Also with managed floating regime of exchange rate, it becomes very important to analyze the dynamics of current account balance which determine the trade. The deficit condition has lasted for four years in Indonesia, as well the deficit value above the value of the surplus that has been experienced during the period 2005-2011. This study is firstly aim to examine the condition of the deficit which happens in the export and import, manufactured goods and oil and gas, whether related to the transaction of goods and services. We try to build a predicted model which near the actual. Then, the focuses examines an exchange rate volatility impact on current account deficit. The model used in this research is a simultaneous model of Indonesia current account deficit from 2005 to 2014. The simulation result indicated that depreciation increase surplus to current account deficit. The decrease of export manufactured goods (non oil and gas) higher than the increase of import. For the oil and gas sector, depreciation of the rupiah against the US dollar results in an increased burden of higher oil and gas imports due to import transactions.

Analysis of Sales Volume by Products According to Temperature Change Using Big Data Analysis (빅데이터 분석을 통한 기온 변화에 따른 상품의 판매량 분석)

  • Hong, Jun-Ki
    • The Journal of Bigdata
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    • v.4 no.2
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    • pp.85-91
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    • 2019
  • Since online shopping has become common, people can easily buy fashion goods anytime, anywhere. Therefore, consumers quickly respond to various environmental variables such as weather and sales prices. Thus, utilizing big data for efficient inventory management has become very important in the fashion industry. In this paper, the changes in sales volume of fashion goods due to changes in temperature is analyzed via the proposed big data analysis algorithm by utilizing actual big data from Korean fashion company 'B'. According to the analytic results, the proposed big data analysis algorithm found both expected and unexpected changes in sales volume depending on the characteristics of the fashion goods.

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A Study on the Influence of Price of TV Home Shopping Household Goods' upon Its Sales (TV홈쇼핑 가정용품 판매가격이 매출에 미치는 영향에 관한 연구)

  • CHO, Kyung-In;Lee, Sang-Yun
    • Journal of Distribution Science
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    • v.7 no.2
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    • pp.29-44
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    • 2009
  • The aim of this study was to theoretically examine the current status of TV home shopping business entities' expansion of business structure, and then look into TV home shopping business entities' preparation for the future business in their mature period. For this, the investigator examined literature home and abroad and then empirically carried out an experimental sale of household goods by selecting a model TV home shopping business entity. In order to understand current business structure of TV home shopping and increase sales, the investigator has changed price and then induced sales, focusing on the price of household goods. Study findings are as follows: As for the influence of TV home shopping household goods' price upon its sales, because TV home shopping business entities set in advance an efficiency unit-price per broadcast hour and carry out a sales strategy of reaching out the efficiency, they try to keep their sales with discounted price in the real sales setting of TV home shopping. But it is not an exclusive practice. General promotion became a common practice. The price of goods is the same with its life. Continuous discount events lower the reliability of goods and its supplier must bear the result. Overall sales after experiment increases by 13% and the sales efficiency also increases by 9%. Sales amount increases by 9% and a stable sales which is above average is achieved. The number of sales goods keeps 100%.

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ONTHE "INTEGRITY" OF THE FISHERY PROCESSED FOOD AND EMOTIVITY PRODUCTS

  • Otani, Tsuyoshi
    • Proceedings of the Korean Society for Emotion and Sensibility Conference
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    • 2000.04a
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    • pp.206-211
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    • 2000
  • A product consists of some parts. The integrity of a product might not be explained from individual parts. The fishery processed goods can be used as a model. The characteristics which derives from a product as a whole is more important than right or wrong of individual parts. All commodities to appeal for consumers have much in common. I explain the process of producing a new tasteful commodity by observing the fishery processing goods business. This is a part of data acquired from a research at a fishery port in Japan. (1) A project manager should be a person in charge of marketing, which makes success easier. (2) A product and process design should be done concurrently. (3) As for a synthetic architectural commodity, a strong leader is a must. (4) To understand material and sensibility information, we can use the above-mentioned.

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