5.The work of commercial lawyer. Secured transactions.

The work of commercial lawyer may involve any aspect of law as he has to work with different businesses. And his role is to facilitate his clients commercial transactions. He needs to have a good knowledge of substantive law and a good understanding of modern business practices. He has to advise clients of matters which relate to both non- contentious and contentious work. Non - contentious work mostly involves advising clients on the drafting of contract. Contentious work work concerns the consequences of breach of contract. Many countries have adopted civil codes which contain comprehensive statements of their commercial law. ( The Uniform Commercial Code of US) The European Parliament is working to unify members commercial codes. A lot of commercial is governed by international treaties and conventions. The United Nations commission on int. trade law regulated international law in cooperation with The WTO. The WTO- is responsible for negotiating and emplementing new trade agreements. Secured transaction is very important thing in commercial law. It is a way of garanteeing that a borrower will repay a lone. The law treats differently the creditors who are secured from those who are not secured. An unsecured creditor is a person who is owed money and who hasn't receive payment. The secured creditor always has priority to getting his money before the unsecured creditor. And the only  remedy for unsecured creditor is to obtain the judgement from the court for the amount of the lone.

6.Commercial Law. International treaties and conventions governing commercial law.Incoterms.

Commercial law deals with issues of both public and private law. It is started developing as a body of jurisprudence with the beginning large scale trade.  Specific law has developed in number of commercial fields such as agency, banking , negotiable instruments , secure transaction etc.  Many countries have adopted civil codes which contain comprehensive statements of their commercial law. ( The Uniform Commercial Code of US) The European Parliament is working to unify members commercial codes. A lot of commercial is governed by international treaties and conventions. The United Nations commission on int. trade law regulated international law in cooperation with The WTO. The WTO- is responsible for negotiating and emplementing new trade agreements. And one more thing I would like to speak about is international commercial terms. There are serious of int. terms , published by international chamber of commerce. And they are widely used in int.commercial transactions. They are concerned with issues like who is responsible for the good during shipment. They closely corresponded to UN contention on contract for int. sale of goods. The 1 st version was introduced in 1936. Some of the most popular are FOB, CIF, ex- works.

8.Contract law.. Its termination. A breach of contract.

Remedies.

Contract-is an agreement which is made between 2 or more parties and which is binding in law. There are 2 types of contracts: written contracts and unritten contracts. But we should remember that it is more difficult to prove the existance of unwritten contracts. For example you bought a newspaper in the street and the seller didnt give you a receat. In this situation it will be more difficult to prove the existance of contract.

When the party doesnt do what it s what it is required to do under a contract that party is called breaching party. The other party( non-breaching party) may file a lawsuit against the breaching party for breach of contract. There is anothe important point of contract law . The point is which term of the contract is breached a condition or a warranty. Condition is an essential element of the contract ans if it is breached the non-breaching party can claim damages and can also terminate the contract. Warranty – is not an essential element of the contract and whem warranty is breached the non-breaching party can claim damages and can also terminate the contract.

There are 4 kinds of remedies:

1. The non-breaching party may try to get damages ( monetary compensation)

2. Other remedy include specific performance – when the court orders the breaching party to perform a contract

3. Restitution- when non-breaching party gets everything it has given

4. Injunction- is a process when a court orders smb to do smt or stop doing smt which can result in a breach of contract.

9.Contract law Types their formation essential elements. The binding offer and invitation to treat.

Contract-is an agreement which is made between 2 or more parties and which is binding in law. There are 2 types of contracts: written contracts and unritten contracts. But we should remember that it is more difficult to prove the existance of unwritten contracts. For example you bought a newspaper in the street and the seller didnt give you a receat. In this situation it will be more difficult to prove the existance of contract.

In the most legal systems a contract is formed when one party makes an offer which is accepted by the other party. Some legal systems require essential elements for the agreement to be a contract. For example that the parties give each other something of value. In common law system this promise is known as consideration. For instance whem you come to the shop your consideration is money you pay and the seller’s consideration is the thing you buy. In some legal systems there are some other essential elements : intention of the party to be legally bound and their readiness to contract on certain terms. When the contract is negotiated the offerand acceptance must match each other in order for the contract to be binding . If the acceptance doesn’t match the offer it is considered as a counter –offer and must be accepted by initial offer to form a contract . I want to mention the following thing Advertisment is not considered as an offer. It is only an invitation to treat. And if you like something you phone the seller and make an offer to buy the item and he can either exept or regect it. But there is a public offer and there was a precedent in 1893 when a woman got flu and read about some medicine which couls help her and advitisor promised 1000 pounds to the people who bought the medicine and didn’t recover. She didn’t and file a lawsuit against the company and the court found for her .A valid contract must include essential terms% the price and the subject matter of the contract . Contracts gives both parties rights and obligations. Rights are something positive , which party wants to get from contract. Obligations- are something which party has to do to get those rights.

International law( Brances)

There are 3 brances of international law : public international law , private international law and supranational law.

Public international law, which is also known as law of nations is the body of rules, law or legal principals, that govern the rights and the duties of states in relation of each other. It came from a number of sources including custom, legislation, and treaties. Article 2(two) of Vienna Convention on the law of treaties of 1969 defines a treaty as international agreement concluded between states in written form and governed by international law.

Public international law was traditionally a question of custom, which means that countries behaved towards each other as they choose and their rights came from the Military power. Countries had treaties with each other but since breach of a treaty could only be remedied by diplomatic pressure, senctious and the treat of war. They were often ignored. Public international law grew in mostly during the 20^th century, particularly after the 2d world war when the countries wanted to manage trade and disagreements between them in more civilized manor. Early examples of public international law were the Hague conventions 1899 and 1907 which deal with the rules declaring war and Geneva conventions 1864 wich deal with Human treatment of Prisoners, civilians and seek and voonded in times of war. Countries which are parties to these conventions which came later, in theory, they could breach the conventions and be expelled but in practice the advantages of being inside such frameworks often overweight the disadvantages. The creation f the United Nations of 1945 was a huge step in the development of international law. The United Nations developed new advisory standards: The Universal Declarations of Haman rights.In adition to military and international trade issues public international law also regulates the law of sea , space the environment and most recently international criminal law.

The second branch on international law is private international law. It refers to the body of rights and duties of private individuals and businesses from more than 1 jurisdiction. It deals with 2 main questions 1) the jurisdiction in which a case may be heard 2) which laws from which jurisdiction may apply Private international law governs conflicts between private individuals of businesses rather than conflicts between states or other international bodies.

The third branch of international law is supranational law which is relevant mainly for The European Union. It cam refer to regional agreements where the laws of a national sate are not applicable if in conflict with supranational legal framework. The EU constitutes a new legal order in international law^ where sovering nations have united their authority through the system of courts and political institutions. There is a wide range of issues in EU law , connected with labor law and company law.

1. It is sounds strange at first sight , because if you agree with it it means that all people are criminals . On the second thought you may understand it may be right. For example we should undertand that almost all drivers at least once at their driving career execced speed. Sometimes people buy medical certificates for the swimming pull. It also considered as petty crime and there are some other thing which they may commit but it is important to draw the line and not to commit serious crime. Of course there are no harmless crimes but people are weak and they make mistakes.

2. Yes I agree with this statement. As for we I stiduied in mixed school and it was really good experience in communicating with both sexes. Mixed school helped me to find many friends: boys and girls with whom I continue communicating . If a person studied at single sex school he is limited in communicating with both sexes. And when they finished school they are used to communicate only with girls or only with boys. In my opinion it is terrible because when they finished school they don’t know how to build relations. It is very important to know how to communicate with both sexes.

3. It’s a very controversial question I guess. On the 1 hand there are a lot of medical advances ^ new drugs being developed and this can result in living longer. IT seems logical . But on the other hand due to technological advances the environment is being destroyed. Which leads to different natural disasters when thousand people die and people have to think about new drugs. It is some kind of competition between nature and progress. Though the statistics shows that in European coutries and Japan people live longer than some years ago.

4. Epidemics start with a single person with a virus then a lot of eople catch it and it appears to be everywhere and then for some unkwons reason it slows down and dies out suddenly. If we consider any trend for example @ Caft Jeans This trend was introduced by a great American actor Marlon Brando and it developed the same way I have just described. He appeared in this jeans in one his in one of his films. After some time everybody put them on and then after some years changed them for bell- bottom jeans. But just like any any apedemics this trend returns from time to time . That s why I suppose this comperisan is very good.

5. Books.

6. I partly agree with this statement . I think that all adults commited crimes. It is sounds strange at first sight , because if you agree with it it means that all people are criminals . On the second thought you may understand it may be right. For example we should undertand that almost all drivers at least once at their driving career execced speed. Sometimes people buy medical certificates for the swimming pull. It also considered as petty crime and there are some other thing which they may commit but it is important to draw the line and not to commit serious crime. Of course there are no harmless crimes but people are weak and they make mistakes. But sometimes petty crimes may lead to serious crime. When a person commit a petty crime and is not punished he may think that there are fewer risks than benefits and he may choose crime as a career to make a leaving. Sometimes when a child is born to a criminal family he starts with petty crimes and then moves on serious crimes simply imitating his parents life.

7. So I believe that both ways are very important . Both have advantages and disadvantages. As for Academy our professors combine exams and continuos academic assessment. Every month we are given points for our work. And 2 times a year we have exams . I think that it is not right when whem there is no continuos academic assessment because student do nothing during the semester but he can learn everything for 1 week and pass exam. After that he forgets everything So it is not effective. Student souls work hard during the semester to pass exam well. As for exams they are also important because they monitor our Knowledges.

8. No I don’t agree with this statement and as I remember from our text and I completely agree with it. Good design begins with the needs of the user and it is not only about how things look it is about how thing work and it concerns not only technical devices but also cloths. A lot of people are usually involved in thr=e process of development of the product. For example scientists invent technologies ^ engineers make the products work but the role of the designer is also very important because a good design fulfill the users needs. As for artists they can follow their imagination and they can express themselves. But even in their world there are some restrictions because if they want their painting to be to be bought . They also have to fulfill the users needs . If they want to become rich sometimes they don’t have so much freedom.

9. This word means different thing to different people. Good design begins with the needs of the user and it is not only about how things look it is about how things work and it concerns not only technical devices but also cloths. A lot of people are usually involved in the process of development of the product. For example scientists invent technologies ^ engineers make the products work but the role of the designer is also very important because a good design fulfill the users needs.