Read Case Problem #2 on p. 458 at the end of Ch 16 of the text, and answer the question stated.Be sure to identify the facts you considered and explain the reasons for your answer.What additional information, if any,concerning the Ortiz/Pentonrelationshipwould aid your analysis and help you give a better answer?What are some of the potential consequences toPentonif Ortiz is found to be a dependentagent?
an mergers Ev'T'i tits I; in rst: 31 International Business Law and Its Environment, 9th Edition.pdf (% 496 Bi, at 702 E) v lg vllalll,' cuss V International Business Law and... unforeseen circumstances. The agreement furtha' specie that construction of the ofce building will be complete in nine months, and that M. Demblans will modify his work upon Mr. Sobodka's reasonable instructions. Assuming that French agency law is consistent with that discussed in this chapter, is M. Demblans a dependent or an independent agent of Mr. Sobodka? After conducting a market survey, Penton Intergalactic, Ltd., a manufacturer of plows, believes that there is pent-up demandforitsproductintheexpondingagricrtural economy of Paraguay. Penton retains Saul Ortiz. a Paraguayan who operates a substantial business selling agricultural implements. Penmn's New York City advertis- ingagencydevelopstheadmmpaignandstrategyfor introduction of the product, including a rather precise time schedule. Sr. Ortiz is to follow Paiton's instructions as the project develops. Sr. Ortiz will use the same employees that heusesinhisbusinessoperations,exceptthatafew?enton employeeswillbeon-siteto assisthimHewillreceivea commission on each plow sold, plus reimbursement of marketing expenses identiable as related to the Penton program. Assuming that Paraguayan agency law is consis- tentwiththatdiswssedinthisdiapter,is$r.0rtiza dependent or an independent agent? Jordan Motors, Inc., opens a dealership in Frankfurt, West Germany, selling American cars. In its advertising cam- paign, Jordan claims that for the next two weeks only, it will beat the price on any comparable German car by 1,000 euros. Faced with this threat to its market share, Hartman Autos, A. G., slashes its prices to cost. Andrea Giebbels Jordan's advertising campaign enjoined? Borges Meat Marketing, Inc., a Nebraska corporation, wishes to establish a network of gourmet butcher shops in India. It has a well-developed introductory advertis- ing campaign that it has employed in establishing similar butcher shops in the United States and does not wish to go to the expense of developing a new one. What should it do? Joseph Supersonic Company, a U.S. jet ghter manufac- turer, is eager to sell its aircraft to the state-owned airline of the Republic of Platano and wishes to retain a local representative to assist it Maria de la Concepcion Casaas y Diaz is reputed to have the best government contracts in Platano; her clients have been successful in garnering contracts a high percentage of the time. Accordingly, she is more in demand than other local representatives, and her fee is the highest in the country. What are the implications of hiring Srta. Casaas y Diaz? Using the facts in Question 5, assume that a reference check has uncovered rumors that Srta. Casar'ras y Diaz has had an intimate relationship with Platano's assistant secretary for government procurement, although they have no plans for a more permanent relationship. What are the FCPA implications now? Assume that Joseph retained Srta. Casanas but failed to obtain the contract. To Joseph's chagrin, it subsequently learns that Srta. Casar'ias y Diaz used part of her fee to make a $10,000 payment to a government ofcial. If Joseph has total assets of $5 billion, should it report the episode on its nancial statement
