Business Law
Describe the "Commercial Clause" in the United States Constitution and explain how its scope and meaning has been interpreted by the courts.
Referring "to Article 1, Section 8, Clause 3 of the U.S. Constitution," the Commercial Clause as the Cornell University Law School (2013) further observes empowers the Congress "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." As far as the legislative power of Congress is concerned, the relevance of this particular Clause cannot be overstated. Indeed, based on how the Supreme Court has in the past interpreted this particular Clause, it is not only one of Congress' most important tools of authority but also a "limitation on the right of the states to regulate commerce within their borders" (Lawnix, 2013).
It is important to note that over time, the courts have on several occasions interpreted not only the scope but also the meaning of the commercial clause, with two such interpretations...
Moreover, it is highly unlikely that such a clause would apply in the case of a tort dispute, because the likely plaintiffs in a tort lawsuit would be people who were injured by a misuse of the Technology, rather than any party involved in the contract negotiations. When there is no choice of law provision, the courts look at several different factors to determine which law to apply and
Regulation of Banks Banks are an important aspect of any modern economy. They provide financing for commercial businesses, access to payment systems and a variety of financial services for the economy as a whole. The integral role that banks play in the national economy is demonstrated by the need for and practice of banking regulation and as part of the lessons learnt from the recent global financial crisis, provides a government
The combination of such broad language and the paucity of any significant enforcement tools meant that these initiatives were largely ineffective. Not surprisingly, complaints from passengers increased by 200% within the year; furthermore, flight delays continued to increase 12% faster in the first five months of 2000 than in the same period in 1999. "Indeed, in the twelve months following the airlines' voluntary promises, flight delays cost business travelers 5
Company Law Brief synopsis of the situation Jane is the Marketing Manager of Prints Pty Limited. She has recently made some purchases on company account including leasing a new car, a photocopier, a reconditioned printing press and photo copy paper supply. While all the other purchases were made by Jane on her own discretion, the printing press was co-signed by John, part owner of Prints Pty limited. John tells Jane that while he
Commercial Contract Law to Increase Oil Investment in Kuwait When it comes to the industries of natural resources and energy, the law of investment protection is particularly of great concern. According to the statistics of July 2013, it was revealed that 25% of the cases that have been registered with ICSID have addressed the issues concerning gas, oil and mining sectors. Moreover, another 12% of the cases are relevant to
English Right of Set-Off and Combination in the Circumstance of Insolvency The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general. These rights were expanded under the principles that they were necessary to effect substantial justice and that they would stimulate economic growth and trade. In the following paper, I suggest that the judicial application of these rights
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