The Journal of Business Law最新文献

{"title":"Legal Protection of Trade Secrets as stipulated within Jordanian Laws","authors":"Wiseman Ubochioma","doi":"10.15640/JBLE.V5N1A1","DOIUrl":"https://doi.org/10.15640/JBLE.V5N1A1","url":null,"abstract":"","PeriodicalId":375048,"journal":{"name":"The Journal of Business Law","volume":"472 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115946119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Corporate Social Responsibility (CSR) in the Ohada Law","authors":"K. Diawara, S. Lavallée","doi":"10.15640/JBLE.V2N2A2","DOIUrl":"https://doi.org/10.15640/JBLE.V2N2A2","url":null,"abstract":"_________________________________________________________________ CSR refers primarily to a framework idea according to which a corporation is encouraged, if not obliged, to go beyond the speculative and economic goals that benefit its members only, in order to integrate, into its decision-making process, other more holistic considerations of an ethical, social and environmental nature for the benefit of all stakeholders. CSR is a key concept that attempts to reconcile economic objectives with social, ethical and environmental considerations, with the particularity of questioning interactions between a corporation and its societal, ethical and ecological environment. This paper has a modest, but not uninteresting, objective. First, it offers an exploratory study that sets out markers for a more exhaustive analysis of the potential for CSR in the field of law in the Ohada zone. Our study is intended to be both theoretical and pragmatic: it asks questions and suggests topics for review from a normative standpoint largely inspired by socio-economic analysis. One of the interesting features of our approach is to consider, comprehensively, a complex notion that reflects several different concerns and is crossed by various conceptual frameworks that must be re-read in an “enlightened” manner, to see how it could potentially be made operational as part of Ohada law. This previously unexplored approach could lead, in time, to the establishment of a transnational committee on CSR in the Ohada zone. _______________________________________________________________________ 1 Professor of economic law, Faculty of Law, Université Laval, Québec.Co-director of the economic law study centre (Centre d’études en droit économique, www.cede.fd.ulaval.ca) at the Faculty of Law, Université Laval. Editor-in-chief of the Bulletin de droit économique (www.droit-economique.org). E-mail: karounga.diawara@fd.ulaval.ca 2 Professor of international and domestic environment law, Faculty of Law, Université Laval, Québec, Canada. Advocate, member of the Québec Bar. Member of the economic law study centre (CEDE). Regular researcher at the Québec Centre for Biodiversity Science, McGill University, Montréal. E-mail: sophie.lavallee@fd.ulaval.ca 40 Journal of Business Law and Ethics, Vol. 2(2), December 2014","PeriodicalId":375048,"journal":{"name":"The Journal of Business Law","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129379554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Application of Implied Terms in the Sales of Goods act to Consumer Transactions in Nigeria: Between Consumers Protection and Safeguarding the Sanctity of Contracts","authors":"R. Mmadu","doi":"10.15640/JBLE.V2N2A3","DOIUrl":"https://doi.org/10.15640/JBLE.V2N2A3","url":null,"abstract":"This paper examines the meaning and application of Implied Terms in the Sale of Goods Act 1893 (SOGA) to consumer transaction. In doing this, the paper undertakes a comparative analysis of what is obtainable in other jurisdictions to discover where the Nigerian system lacks. The paper queries what it calls ‘continued imposition of responsibilities and liabilities’ on contracting parties under the guise of implied terms even where such terms were not contemplated by the contracting parties and as such, not expressly contained in the contract. The questions asked are: In examining the contractual principle of consensus ad idem, what rationale and legal justification could be placed on such term outside the express stipulations of the contracting parties? What is the justification for holding a party liable for breach of a term not expressly agreed upon but for customs of the trade or other extraneous considerations? The paper finds that the so-called implied terms in contract of sale are bubby traps which commercial men explore to deny liability arising from contracts freely entered by them or to hold innocent and uninformed party liable for breach of terms outside his contemplation. The paper advises that in developing economy like Nigeria where the level of literacy is low, it is undesirable to impute, inferred or implied duties and liabilities into contract outside those expressly agreed by contracting parties.","PeriodicalId":375048,"journal":{"name":"The Journal of Business Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126970287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The subject matter of conversion","authors":"S. Green","doi":"10.5040/9781472560612.ch-005","DOIUrl":"https://doi.org/10.5040/9781472560612.ch-005","url":null,"abstract":"","PeriodicalId":375048,"journal":{"name":"The Journal of Business Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129478886","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}