Pacific Produce Ltd: Inferior Products & Violation of Distributorship Laws - Essay Sample

Introduction

The products distributed by Pacific Produce Ltd can be classified as inferior as they contradict the minimum requirements required in the United States. They contradict the territorial and distribution laws since they are labeled as Mexican products and are intended for sale in Mexico. Distributorship law governs the supply chain of a particular type of sales agreement. The distributors and retailers are the participants in the supply channel (Hemker & Krakus, n.d.). Though Pacific Produce has been granted the contract to distribute the Pepsi products in America, its action of distributing products intended for sale in Mexico is illegal. It should be discontinued unless the Mexican PEPSI meets the United States' standards, marked "export," and in a language understandable in the United States.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

Hughes Aircraft Co. manufactured the civilian helicopters and sold them to Delta Avia owned by Ronald Sadler. In doing so, the rights to the helicopters were transferred to the Delta Avia, which is based in Germany. Germany does not have a trade embargo with South Korea. By selling the helicopters from a German firm, Sadler did not violate the trade embargo between the US and South Korea. Delta Avia also transferred the helicopters' rights to North Korea, and by altering its intended civilian use, North Korea broke all the ties between the Hughes Aircraft Co. and the modified helicopters. Also, in the sale, Delta Avia sold the helicopters as civilian helicopters to a sovereign state, so what happened after was not under their control. Thus, Ronald Sadler is not liable.

Some of the advantages of doing arbitration in China include; it is faster and cheaper. The arbitration in China provides a sufficient resolution of both domestic and international disputes. The arbitration is also confidential and legally acceptable internationally (AnJie Law Firm, 2009). Lastly, it has dual capabilities meaning that it is possible to conduct both mediation and conciliation proceeding.

Some of the disadvantages include, the time frame for the proceeding is too short, with a maximum of six months meaning National Computer Inc. will not have sufficient time to review the documents sufficiently. The reduced time frame act as an advantage to the wrongdoers as the time to uncover all the fraudulent activities is cut-short. Lastly, the US-based firm may face a language barrier during the proceedings.

References

Hemker, G., & Krakus, G. P.-B. (n.d.). Commercial Agency Distributorship Law | Lexology. Www.Lexology.Com. Retrieved June 10, 2020, from https://www.lexology.com/library/detail.aspx?g=2a1f32d1-43f4-4cf6-8997-5a822b2500df

AnJie Law Firm (2009, March 9). Quickly, Some Advantages of CIETAC Arbitration in China. China Law Vision. https://www.chinalawvision.com/2009/03/arbitration-and-litigation/quickly-some-advantage-of-cietac-arbitration-in-china/‌