Boston Pet Food Corporation
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The attached short case tell a simple story of a company that has many legal issues at the same time. Imagine that you are a legal consultant, and analyze the case in 2-3 pages explaining and addressing the fundamental legal issues.
You don't have to cite cases, nor explain the law in details. E.x, you don't have to spend half a page explaining each law, summarize it in several sentences if needed. Imagine that you were asked to write a memo about the legal status for the company in your opinion to the CEO, assuming the CEO does not really have a great deal of law background.
So, once you analyzed the case, and explained the legal issue, tie it with the applicable law and mention some of the potential consequences. and prob advise what the CEO should do. E.x you might say as the US government questioning the commission paid to the Mexican officials, there might be potential legal issues under the Foreign Corrupt Practices Act, and I'm advising the CEO to do so and so about that.
(This case is doesn't specify the details, for example the commission amount paid to the Mexican official is not specified, also it does not specify weather the US government has evidence that there's bribery or they are just questioning, so you might explain all potential scenarios.)
This case is given to MBA student for basic International business class. Here are the laws cover in class, which might be applicable in this case:
Sovereignty & Jurisdiction
Foreign Corrupt Practices Act
Sovereign Immunity/Act of State
Extraterritoriality
Contracts: Model Arbitration Clause
Sale of Goods Contracts
Letters of Credit.
Shipment Contract
Trade and Arbitration
Contracts for the International Sale of Goods
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Solution Summary
This solution gives you strong points concerning Boston Pet Food Corporation.
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Letters of credit, the type that are required by the government of China are irrevocable confirmed letters of credits. BFP cannot revoke these letters of credit. BFP's instructions will not be followed because an irrevocable letter of credit cannot be revoked. The issuing bank waives its right to revoke the letter of credit before its expiration date. Essentially, the letter of credit is issued so that the exporter has the assurance that it will be paid for the goods it ships. Most letters of credit allow the exporter to make part shipments. The exporter continues to get payments as and when she makes the shipments till the expiry of the letter of credit. The joint venture may continue to make shipments till the expiry of the letter of credit and it will continue to get payment for the good shipped by it under the contract.
Next, US Government has the ability to question the commissions paid to obtain ...
Education
- BSc , University of Calcutta
- MBA, Eastern Institute for Integrated Learning in Management
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