Websites, Internet and Law: Some Basic Principles

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Websites, Internet and Law: Some Basic Principles

The Internet has nowadays become nigh-universal; almost all businesses (corporations, not-for-profit organizations, non-governmental organizations, charity funds, public corporations, etc.) possess their own interface with the world wide web, whether to market their products and services, or to provide information, to their clientele. These various web interfaces contain a plethora of information, graphic designs, images, and other multimedia characteristics giving to each of them their own respective originality. Creative ideas abound when it comes to designing a website. However, in the midst ...

The rise of Quebec – Eurojuris

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The rise of Quebec – Eurojuris

The Particularities of Joint Venture Agreements

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The Particularities of Joint Venture Agreements

One could define a Joint Venture as a temporary strategic commercial association between several businesses (partners), entered in order to jointly reach a commercial objective. The concept of the Joint Venture was created and developed by and under the Common Law regime (English Canadian and American regime). In the Province of Quebec, the concept of Joint Venture has been adapted to comply with Civil Law rules but with the unforeseen consequences set out below. The reader must be aware that Quebec ...

The Distribution Contract: Territorial Exclusivity and Product Goodwill

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The Distribution Contract: Territorial Exclusivity and Product Goodwill

Whenever a manufacturer finally completes the creation of the product it intends to offer, work has only begun! The marketing of the products offered remains the fundamental step of any business plan.
A manufacturer may take into its own hands the commercialization of its product. However, this causes the manufacturer to allocate a large quantity of resources and time to this operation. Furthermore, when the opportunity to enter new foreign markets arises, the manufacturer itself does not always possess the necessary ...

The Distribution Contract and Territorial Exclusivity

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The Distribution Contract and Territorial Exclusivity

Whenever a manufacturer finally completes the creation of the product it intends to offer, work has only begun! The marketing of the products offered remains the fundamental step of any business plan.
A manufacturer may take into its own hands the commercialization of its product. However, this causes the manufacturer to allocate a large quantity of resources and time to this operation. Furthermore, when the opportunity to enter new foreign markets arises, the manufacturer itself does not always possess the necessary ...

The Distribution Contract and Product Goodwill

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The Distribution Contract and Product Goodwill

At the outcome of a distribution contract, the goodwill acquired by a product can have a large value. Indeed, a distributor that invests time and financial resources into the development, reputation, and marketing of a new product usually finds that his efforts are rewarded by increased goodwill toward the product, and thus increased sales turnover for the distributor. However, who shall benefit from the product’s goodwill when the distribution contract will end?
The answer: the goodwill reverts to the product’s manufacturer. ...

Sovereignty of Canadian Laws Facing the American Neighbour

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Sovereignty of Canadian Laws Facing the American Neighbour

Nowadays, relations between Canada and the United States have reached an importance such that our economies can now be qualified as an “integrated economy”. In the face of this ever more increasing trade, one question arises: can a business ignore Canadian laws in order to protect its commercial relations with a foreign country? The answer is no.
This question was brought before the Human Rights Tribunal who, in its December 29, 2010 decision, upheld the most fundamentals values of the Province ...

Sale of a Business: Opportunities at the Dawn of the 21st Century

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Sale of a Business: Opportunities at the Dawn of the 21st Century

Over the next ten years, the Canadian economy will undergo a social and economic transition of a scope unseen since the period following the Second World War. Indeed, the majority of Canadian small- and medium-size businesses (“S.M.B.”) will be offered for sale within the next ten years.
S.M.B. are the heart of the Canadian economy and constitute its driving force. However, most Canadian business owners belong to the same generation: they are baby-boomers. All of these entrepreneurs will thus reach the ...

Negotiating the sale of a business: The issues at stake

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Negotiating the sale of a business: The issues at stake

The sale of a business constitutes a complex operation; in addition to multiple strategic and financial considerations, both the seller and the buyer must also take into account the fiscal and legal aspects. When the business is embodied by a corporation whose shares are held by an individual, and when a capital gain ensues from the sale of that business, the selection of the transactional vehicle to be used (that is, whether through a sale of shares or a sale of ...

Client’s line of credit – basic rules and principles

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Client’s line of credit – basic rules and principles

Clients’ line of credit unquestionably takes on a major importance in the marketing of the corporation’s products and services. In fact, a corporation that grants line of credit to its clients noticeably increases the accessibility to its products and services and thus its sales.
However, granting line of credit to clients serves no useful purpose if the corporation is unable to collect its due.
Considering the seriousness of such transactions, the corporation must efficiently manage that process. There lies the importance ...

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