Regular versus strict liability in business contexts
"Regular liability:
Requires proof that the business failed to take reasonable care
Common in contract disputes and general business operations
Allows defenses based on due diligence and reasonable precautions
More common in service industries
Strict liability:
Applies regardless of the level of care taken
Common in product liability cases
Used for inherently dangerous activities
Places higher burden on businesses to ensure safety
Often applies in environmental regulations and consumer protection"
Purchase of an on-going enterprise - types of transactions and effects
"Asset Purchase
Buyer acquires specific assets and liabilities
More selective control over what is acquired
Generally cleaner from a liability perspective
Stock/Share Purchase
Buyer acquires entire company including all assets and liabilities
Complete transfer of ownership
Maintains business continuity
Merger
Two companies combine into one entity
Complete integration of operations
Can be structured as merger of equals or acquisition
Effects:
Transfer of employees and contracts
Impact on existing business relationships
Tax implications
Regulatory compliance requirements
Potential change in business structure"
Conclusion and termination of employment contracts:
"Conclusion (Formation):
Must include essential terms (compensation, duties, hours)
Requires mutual agreement
Should comply with labor laws
Can be fixed-term or indefinite
May include probationary period
Termination:
By mutual agreement
For cause (breach of contract)
Without cause (with notice period)
Due to redundancy
Automatic (fixed-term contracts)
Special protections for certain categories of workers"
Conclusion of contracts under 1980 Vienna Convention on International Sales of Goods (CISG):
"Key elements:
Offer and acceptance model
Clear indication of intent to be bound
Must be sufficiently definite (quantity, price, goods)
No requirement for writing (unless reserved)
Formation process:
Offer
Must be sufficiently definite
Indicates intention to be bound
Acceptance
Clear indication of assent
Becomes effective when received
Counter-offers
Material alterations constitute counter-offers
Battle of forms
Last shot rule generally applies"
Corporate responses to climate change
"Common responses include:
Emission Reduction Strategies
Setting science-based targets
Implementing energy efficiency measures
Switching to renewable energy sources
Risk Management
Climate risk assessment
Adaptation strategies
Supply chain resilience
Innovation and Investment
Clean technology development
Sustainable product design
Green R&D initiatives
Stakeholder Engagement
Transparency in reporting
Engagement with investors
Partnership with environmental organizations
Policy and Governance
Internal carbon pricing
Environmental management systems
Board-level oversight of climate issues"
Last changeda year ago