User:Jukeboksi/BBA studies/Law: Difference between revisions

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    An alternative, more recent layout is in article '''[[User:Jukeboksi/BBA studies/Law backported to Wikipedia]]'''
    {{Q|'''Law''' is a system of rules and guidelines which are enforced through social institutions to govern behavior|Wikipedia|[[w:law|law]]}}
    {{Q|'''Law''' is a system of rules and guidelines which are enforced through social institutions to govern behavior|Wikipedia|[[w:law|law]]}}


    {{Q|In law particular case interpretations are '''[[w:Deductive reasoning|deduced]]''' from the general law.|Teacher|application of laws}}
    {{Q|In law particular case interpretations are '''[[w:Deductive reasoning|deduced]]''' from the general law.|Teacher|application of laws}}


    = How laws are structured / how to refer to law =
    '''How to read law?'''
    *Luku n == chapter n
    *Luku n == chapter n
    **Pykälä ( § ) n == section n
    **Pykälä ( § ) n == section n
    ***Momentti( 1,2,3.. ) == moment ( 1,2,3.. )
    ***Momentti( 1,2,3.. ) == moment ( 1,2,3.. )


    = Where to find the law =
    '''Where to find the law'''
    * '''[http://www.finlex.fi/fi/ Legislation of Republic of Finland and more online]''' in Finnish / suomeksi
    * '''[http://www.finlex.fi/en/laki/kaannokset/ Translations of finnish laws and regulations at finlex.fi]'''
    * '''[http://lib.eduskunta.fi Library of The Parliament of Finland]''' is situated in the "Postitalo" right at the core of Helsinki ([http://lib.eduskunta.fi/Resource.phx/kirjasto/sijainti.htx map]). In addition to having all laws and all regulations legislated by the parliament, they offer wide variety of weekly and monthly magazines from all over the world.


    * '''[http://www.finlex.fi/fi/ Legistlation of Republic of Finland and more online]''' in Finnish / suomeksi
    ----
    * '''[http://www.finlex.fi/en/laki/kaannokset/ Translations of finnish laws and regulations at finlex.fi]'''
    * '''[http://lib.eduskunta.fi Library of The Parliament of Finland]''' is situated in the "Postitalo" right at the core of Helsinki ([http://lib.eduskunta.fi/Resource.phx/kirjasto/sijainti.htx map]). In addition to having all laws and all regulations legistlated by the parliament, they offer wide variety of weekly and monthly magazines from all over the world.
    * Book: Access to Finnish Law by Aapo Surakka also available as an e-book


    = Business Law =
    = Business Law =
    Teacher: Janne Jokinen
    Type of course:  [[:Category:Mandatory courses in GloBBA|Mandatory course in GloBBA]] in [[:Category:Law|Law]]
    Course code:  Unknown
    Part of [[:Category:Developing Entrepreneurial Competencies|Developing Entrepreneurial Competencies]] (BUS1LF001)
    Course material: Access to Finnish Law by Aapo Surakka, ISBN 978-951-0-33696-0. Published by SanomaPro. '''Note:''' Also available as an e-book.
    ----


    '''Commercial law''', also known as '''[[w:business law|business law]]''' is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.  
    '''Commercial law''', also known as '''[[w:business law|business law]]''' is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.  
    Line 26: Line 42:
    '''[[w:fi:Yritysjuridiikka|Yritysjuridiikka]]''' ( Commercial law practice ) on kauppatieteellinen tieteenala, jonka tarkoituksena on tutkia [[w:fi:liiketoiminta|fi:liiketoiminta]]a ja sen päätöksentekoa oikeudellisesta näkökulmasta.( Suomenkielinen Wikipedia )
    '''[[w:fi:Yritysjuridiikka|Yritysjuridiikka]]''' ( Commercial law practice ) on kauppatieteellinen tieteenala, jonka tarkoituksena on tutkia [[w:fi:liiketoiminta|fi:liiketoiminta]]a ja sen päätöksentekoa oikeudellisesta näkökulmasta.( Suomenkielinen Wikipedia )


    '''[[w:Outline of commercial law|This article outlines commercial law]]''' and contains among other things  
    '''[[w:Outline of commercial law|Outline of commercial law article]]''' contains among other things  
    * '''[[w:Outline of commercial law#Branches of commercial law|Branches of commercial law]]'''
    * '''[[w:Outline of commercial law#Branches of commercial law|Branches of commercial law]]'''
    * '''[[w:Outline of commercial law#By region|commercial laws by region]]'''
    * '''[[w:Outline of commercial law#By region|commercial laws by region]]'''
    Line 34: Line 50:
    * '''[[w:Outline of commercial law#Intellectual property|Intellectual property]]'''
    * '''[[w:Outline of commercial law#Intellectual property|Intellectual property]]'''
    * '''[[w:Outline of commercial law#Dispute resolution|Dispute resolution]]'''
    * '''[[w:Outline of commercial law#Dispute resolution|Dispute resolution]]'''
    * not to forget '''[[w:Outline of commercial law#General commercial law concepts|General commercial law concepts]]'''
    * not to forget '''[[w:Outline of commercial law#General commercial law concepts|General commercial law concepts]]'''  


    ----
    ----
    == Business Law classes ==
     
    == Business Law - Lesson 1 - Introduction ==
    == Business Law - Lesson 1 - Introduction ==
    * Choose '''[[w:arbitration]]''' ( [[w:fi:Välimiesmenettely]] ) as preferred method of '''[[w:dispute resolution]]''' especially if dealing with businesses outside of EU
    * Choose '''[[w:arbitration]]''' ( [[w:fi:Välimiesmenettely]] ) as preferred method of '''[[w:dispute resolution]]''' especially if dealing with businesses outside of EU


    * In [[w:USA]] a company may have to pay '''[[w:punitive damages]]''' ( Rangaistusluonteinen vahingonkorvaus )
    * In Finland ( Civil law ) you can be made to pay the legal fees of the winning party. In USA ( common law ) you don't have to.
    * in .fi you have to pay only '''[[w:compensation]]''' ( [[w:fi:korvaus]] ) i.e. '''[[w:Damages]]''' ( [[w:fi:Vahingonkorvaukset]] )
     
    * In [[w:USA]] a company may have to pay '''[[w:punitive damages]]''' ( Rangaistusluonteinen vahingonkorvaus ) whereas in Finland you have to pay only '''[[w:compensation]]''' ( [[w:fi:korvaus]] ) i.e. '''[[w:Damages]]''' ( [[w:fi:Vahingonkorvaukset]] )
     
    * '''[[w:Legal personality]]''' ( [[w:fi:oikeushenkilö]] )
    * '''[[w:Legal personality]]''' ( [[w:fi:oikeushenkilö]] )
    * '''[[w:Capacity (law)]]''' [[w:fi:oikeuskelpoisuus]] ( eri kuin [[w:fi:Oikeustoimikelpoisuus]] )
    * '''[[w:Capacity (law)]]''' [[w:fi:oikeuskelpoisuus]] ( eri kuin [[w:fi:Oikeustoimikelpoisuus]] )
    Line 54: Line 72:


    '''[[w:Corporate law]]''' (also called "company" or "corporations" law) is the study of how [[w:shareholders]], [[w:Board of directors|directors]], [[w:employees]], [[w:creditors]], and other stakeholders such as [[w:consumer]]s, the [[w:community]] and the [[w:environment (biophysical)|environment]] interact with one another.  
    '''[[w:Corporate law]]''' (also called "company" or "corporations" law) is the study of how [[w:shareholders]], [[w:Board of directors|directors]], [[w:employees]], [[w:creditors]], and other stakeholders such as [[w:consumer]]s, the [[w:community]] and the [[w:environment (biophysical)|environment]] interact with one another.  
    :::Corporate law is a part of a broader '''[[w:companies law]]''' (or law of business associations).
    :::Corporate law is a part of a broader '''[[w:companies law]]''' (or law of business associations). ( Wikipedia )


    Relevant corporate laws in Finland are  
    Relevant corporate laws in Finland are  
    Line 68: Line 86:
    *'''Consumer complaint''' ( [[w:fi:Reklamaatio]] )
    *'''Consumer complaint''' ( [[w:fi:Reklamaatio]] )


    *'''[[w:Contract|Contract]]s''' ( [[w:fi:Sopimus]] )  ( See course '''[[Business Negotiations and Contracts]]''' as main article )
    *'''[[w:Contract|Contract]]s''' ( [[w:fi:Sopimus]] )  ( See course '''[[#Business Negotiations and Contracts|Business Negotiations and Contracts]]''' for keys )
    ::* Both verbal and written are [[w:legally binding]]
    ::* Both verbal and written are [[w:legally binding]]
    ::* '''[[w:breach of contract|breach of contract]]''' ( sopimusrikko, sopimusrikkomus ) can land you and your business in [[w:court|court]].
    ::* '''[[w:breach of contract|breach of contract]]''' ( sopimusrikko, sopimusrikkomus ) can land you and your business in [[w:court|court]].


    *'''[[w:Liability|Liability]]''' ( sitoumus, vastuu )( '''Obs.''' and [[w:Liability (finance)]] and '''[[w:Legal liability]]''' are two distinct things. )
    *'''[[w:Liability|Liability]]''' ( sitoumus, vastuu ) ( '''Obs.''' [[w:Liability (financial accounting)]] and '''[[w:Legal liability]]''' are two distinct things. )


    *'''[[w:limited liability|Limitation of liabilities]]''' or full liability
    *'''[[w:limited liability|Limitation of liabilities]]''' or full liability
    Line 114: Line 132:


    Topics: Contract law continues, marketing and Consumer Law ( redirects to [[w:Consumer protection]] ), Companies law
    Topics: Contract law continues, marketing and Consumer Law ( redirects to [[w:Consumer protection]] ), Companies law
    *'''[[w:Companies law]] ''' (or the [[w:law of business associations]]) is the field of law concerning companies and other business organizations.
    :::'''[[w:Corporate law]]''' is a subset of companies law relating to incorporated bodies.


    *'''[[w:Consumer protection]]'''  ( [[w:fi:Kuluttajansuojalaki]] ) it consists of laws and organizations designed to ensure the rights of consumers as well as fair trade competition and the free flow of truthful information in the marketplace. ( Wikipedia )
    *'''[[w:Consumer protection]]'''  ( [[w:fi:Kuluttajansuojalaki]] ) it consists of laws and organizations designed to ensure the rights of consumers as well as fair trade competition and the free flow of truthful information in the marketplace. ( Wikipedia )
    Line 141: Line 156:




    {{Q|Private international law concerns relations across different legal jurisdictions between persons, and sometimes also companies, corporations and other legal entities|Wikipedia|Private international law according to [[w:Conflict of laws|Conflict of laws]] )}}
    [[w:Private international law|Private international law]] concerns relations across different legal jurisdictions between persons, and sometimes also companies, corporations and other legal entities ( Wikipedia on private international law according to [[w:Conflict of laws|Conflict of laws]] )


    {{Q|Public international law ( [[w:fi:Kansainvälinen oikeus]] ) concerns the structure and conduct of [[w:sovereign state|sovereign state]]s; analogous entities, such as the [[w:Legal status of the Holy See|Holy See]]; and [[w:intergovernmental organizations|intergovernmental organizations]]. To a lesser degree, international law also may affect [[w:multinational corporations|multinational corporations]] and [[w:individual|individual]]s, an impact increasingly evolving beyond domestic legal interpretation and enforcement.|Wikipedia|[[w:Public international law|Public international law]]}}
    [[w:Public international law|Public international law]] ( [[w:fi:Kansainvälinen oikeus]] ) concerns the structure and conduct of [[w:sovereign state|sovereign state]]s; analogous entities, such as the [[w:Legal status of the Holy See|Holy See]]; and [[w:intergovernmental organizations|intergovernmental organizations]]. To a lesser degree, international law also may affect [[w:multinational corporations|multinational corporations]] and [[w:individual|individual]]s, an impact increasingly evolving beyond domestic legal interpretation and enforcement. ( Wikipedia )


    :{{Q|International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based [[w:legal systems|legal systems]] in that it is primarily applicable to countries rather than to private citizens.|Wikipedia|[[w:International law|International law]]}}
    ::[[w:International law]] is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based [[w:legal systems|legal systems]] in that it is primarily applicable to countries rather than to private citizens. ( Wikipedia )




    * '''Sources of international law'''
    * '''Sources of international law'''
    * '''Different [[w:legal system|legal system]]s''' ( [[w:fi:Oikeusjärjestys]] ) ( '''[[w:List of national legal systems|List of national legal systems]]''' )
    * '''Different [[w:legal system|legal system]]s''' ( [[w:fi:Oikeusjärjestys]] ) ( '''[[w:List of national legal systems|List of national legal systems]]''' )
    * '''Basic [[w:legal principles]]''' and [[w:legistlation|legislative]] [[w:framework|framework]] of the [[w:European Union|European Union]]
    * '''Basic [[w:legal principles]]''' and [[w:legislation|legislative]] [[w:framework|framework]] of the [[w:European Union|European Union]]
    * '''[[w:Conflicts of laws|Conflicts of laws]]''' and '''[[w:jurisdiction|jurisdiction]]''' ( tuomiovalta tai toimivalta )
    * '''[[w:Conflicts of laws|Conflicts of laws]]''' and '''[[w:jurisdiction|jurisdiction]]''' ( tuomiovalta tai toimivalta )
    * '''[[w:Dispute resolution|Dispute resolution]]''' ( kiistanratkaisu )
    * '''[[w:Dispute resolution|Dispute resolution]]''' ( kiistanratkaisu )
    Line 156: Line 171:
    * '''International [[w:competition law|competition law]]''' ( [[w:fi:Kilpailuoikeus]] ) principles
    * '''International [[w:competition law|competition law]]''' ( [[w:fi:Kilpailuoikeus]] ) principles


    == International Law - Lesson 1 - introduction==
    == International Law - Lesson 1 - Introduction ==


    * Prefer '''[[w:Arbitration|Arbitration]]''' ( [[w:fi:välimiesmenettely]] ) over going to [[w:court|court]]
    * Prefer '''[[w:Arbitration|Arbitration]]''' ( [[w:fi:välimiesmenettely]] ) over going to [[w:court|court]].


    * Schools of thought defining the basis of international law: cosmopolitans, [[w:Legal positivism|legal positivists]] ( [[w:fi:oikeuspositivismi]] ) and hobbesians.
    * Schools of thought defining the basis of international law: cosmopolitans, [[w:Legal positivism|legal positivists]] ( [[w:fi:oikeuspositivismi]] ) and hobbesians.
    Line 166: Line 181:
    * A '''[[w:supranational]] union''' is a type of multi-national organization where negotiated power is delegated to an authority by governments of member states. ( Wikipedia )
    * A '''[[w:supranational]] union''' is a type of multi-national organization where negotiated power is delegated to an authority by governments of member states. ( Wikipedia )


    == International Law - Lesson 2 ==
    == International Law - Lesson 2 - Non-business entities ==
    * '''[[w:NGO|NGO]]s''' ( [[w:fi:kansalaisjärjestö]] )
    * '''[[w:NGO|NGO]]s''' ( [[w:fi:kansalaisjärjestö]] )
    * '''[[w:Intergovernmental organization|IGO]]s'''  
    * '''[[w:Intergovernmental organization|IGO]]s'''  
    Line 173: Line 188:
    * [[w:European Court of Justice|European Court of Justice]]
    * [[w:European Court of Justice|European Court of Justice]]


    *'''[[w:Civil law (legal system)]]''' ( [[w:fi:säädösoikeus]] ) and '''[[w:common law|common law]]''' ( [[w:tapaoikeus|tapaoikeus]] tai "maan laki" ) are competing legal systems
    *'''[[w:Civil law (legal system)]]''' ( [[w:fi:säädösoikeus]] ) and '''[[w:common law|common law]]''' ( [[w:fi:tapaoikeus]] tai "maan laki" ) are competing legal systems


    '''Obs.''' In Finland ( Civil law ) you can be made to pay the legal fees of the winning party. In USA ( common law ) you don't have to.
    ::'''Obs.''' In Finland ( Civil law ) you can be made to pay the legal fees of the winning party. In USA ( common law ) you don't have to.


    * '''Dispute [[w:Settlement (litigation)|settlement]]'''
    * '''Dispute [[w:Settlement (litigation)|settlement]]''' is a resolution between disputing parties about a legal case, reached either before or after court action begins. ( Wikipedia )


    == International Law - Lesson 3 - Intellectual property ==
    == International Law - Lesson 3 - Intellectual property ==
    Line 231: Line 246:


    = Business Negotiations and Contracts =
    = Business Negotiations and Contracts =
    == Business Negotiations and Contracts - Lesson 1 ==
    == Business Negotiations and Contracts - Lesson 1 - About forming contracts ==
    === Terminology / vocabulary ===
     
    * '''covenant''' == an agreement w/a specific promise to do or not to do something
    ::: non-competition covenant
    * '''whereas''' == in contrast
    * injunction == obligation
    * '''breach''' == to break a boundary, to violate, to not fulfill
    * '''rescind''' cancel w/ effect of being the same position as before signing the contract
    * '''unwarranted''' == uncalled for, unjustified
    * '''contention''' == disagreement
    ::: contentious ( adj. )
    * '''efficacious''' == effective
     
    ''Counter offer is interpreted as rejection of offer.''
     
    * an offer => offeror - offeree
    * a lease => lessor - lessee


    * '''statute''' == law/rule
    ----
    === About contracts ===
    In '''[[w:common law|common law]]''' ( [[w:fi:tapaoikeus]] ) legal systems, a '''[[w:contract|contract]]''' is an agreement having a lawful object entered into voluntarily by two or more [[w:party (law)|parties]], each of whom intends to create one or more legal obligations between them.  
    In '''[[w:common law|common law]]''' ( [[w:fi:tapaoikeus]] ) legal systems, a '''[[w:contract|contract]]''' is an agreement having a lawful object entered into voluntarily by two or more [[w:party (law)|parties]], each of whom intends to create one or more legal obligations between them.  
    ::The elements of a contract are "offer" and "acceptance" by "competent persons" having [[w:legal capacity|legal capacity]] who exchange '''[[w:consideration|consideration]]''' to create "mutuality of obligation." ( Wikipedia )
    ::The elements of a contract are "offer" and "acceptance" by "competent persons" having [[w:legal capacity|legal capacity]] who exchange '''[[w:consideration|consideration]]''' to create "mutuality of obligation." ( Wikipedia )
    Line 263: Line 258:
    * '''[[w:Express contract|Express contract]]''' vs. '''[[w:Implied-in-fact contract|Implied-in-fact contract]] or implicit contract'''
    * '''[[w:Express contract|Express contract]]''' vs. '''[[w:Implied-in-fact contract|Implied-in-fact contract]] or implicit contract'''


    A '''[[w:third party beneficiary|third party beneficiary]]''' ( [[w:fi:Kolmas osapuoli]] ), in the [[w:law|law]] of [[w:contract|contract]]s, is a person who may have the right to sue on a contract, despite not having originally been an active [[w:party (law)|party]] to the contract. ( Wikipedia )
    * A '''[[w:third party beneficiary|third party beneficiary]]''' ( [[w:fi:Kolmas osapuoli]] ), in the [[w:law|law]] of [[w:contract|contract]]s, is a person who may have the right to sue on a contract, despite not having originally been an active [[w:party (law)|party]] to the contract. ( Wikipedia )
     
     
    * An '''[[w:unenforceable|unenforceable]]''' contract or transaction is one that is valid, but which the court will not enforce. ( Wikipedia )


    An [[w:unenforceable|unenforceable]] contract or transaction is one that is valid, but which the court will not enforce. ( Wikipedia )


    ----
    ----
    Line 276: Line 273:
    :# Specifically adressed
    :# Specifically adressed


    [[w:Contract of sale|Sale of Goods]] legistlation and [[w:United Nations Convention on Contracts for the International Sale of Goods|United Nations Convention on Contracts for the International Sale of Goods]] affect sales of goods
    [[w:Contract of sale|Sale of Goods]] legislation and [[w:United Nations Convention on Contracts for the International Sale of Goods|United Nations Convention on Contracts for the International Sale of Goods]] affect sales of goods


    [[w:UNIDROIT|UNIDROIT]] is the [[w:International Institute for the Unification of Private Law|International Institute for the Unification of Private Law]]
    [[w:UNIDROIT|UNIDROIT]] is the [[w:International Institute for the Unification of Private Law|International Institute for the Unification of Private Law]]
    Line 282: Line 279:
    ----
    ----


    == Business Negotiations and Contracts - Lesson 3 ==
    == Business Negotiations and Contracts - Lesson 3 - Breach of contract ==


    '''[[w:Breach of contract|Breach of contract]]''' ( [[w:fi:sopimusrikkomus]] tai sopimusrikko ) is a [[w:legal|legal]] [[w:cause of action|cause of action]] in which a [[w:binding agreement|binding agreement]] or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. ( Wikipedia )
    '''[[w:Breach of contract|Breach of contract]]''' ( [[w:fi:sopimusrikkomus]] tai sopimusrikko ) is a [[w:legal|legal]] [[w:cause of action|cause of action]] in which a [[w:binding agreement|binding agreement]] or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. ( Wikipedia )
    Line 299: Line 296:
    # [[w:Delivery (commerce)|Delivery]] by [[w:common carrier|common carrier]] other then [[w:sales|seller]] ( loss of risk is transferred to buyer when delivery is completed as agreed in the contract ) ( Teacher )
    # [[w:Delivery (commerce)|Delivery]] by [[w:common carrier|common carrier]] other then [[w:sales|seller]] ( loss of risk is transferred to buyer when delivery is completed as agreed in the contract ) ( Teacher )


    == Business Negotiations and Contracts - Confidentiality ==
    == Business Negotiations and Contracts - Lesson 4.5 - Confidentiality ==


    * '''[[w:Confidentiality|Confidentiality]]''' ( [[w:fi:Vaitiolovelvollisuus]] ) is a set of rules or a promise that limits access or places restrictions on certain types of information. ( Wikipedia )
    * '''[[w:Confidentiality|Confidentiality]]''' ( [[w:fi:Vaitiolovelvollisuus]] ) is a set of rules or a promise that limits access or places restrictions on certain types of information. ( Wikipedia )
    Line 307: Line 304:
    ----
    ----


    == Business Negotiations and Contracts - Lesson 5 ==
    == Business Negotiations and Contracts - Lesson 5 - Damages ==


    * '''remedy''' == '''[[w:Financial compensation|compensation]]''' == '''[[w:damages|damages]]''' ( [[w:fi:vahingonkorvaus]] )
    * '''remedy''' == '''[[w:Financial compensation|compensation]]''' == '''[[w:damages|damages]]''' ( [[w:fi:vahingonkorvaus]] )
    Line 332: Line 329:
    ----
    ----


    == Business Negotiations and Contracts - Lesson 6 ==
    == Business Negotiations and Contracts - Lesson 6 - Power of attorney ==


    A '''[[w:power of attorney|power of attorney]]''' ('''POA''') or '''letter of attorney''' ( [[w:fi:valtakirja]], valtuutus ) is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter, sometimes against the wishes of the other's. ( Wikipedia )
    A '''[[w:power of attorney|power of attorney]]''' ('''POA''') or '''letter of attorney''' ( [[w:fi:valtakirja]], valtuutus ) is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter, sometimes against the wishes of the other's. ( Wikipedia )


    == Business Negotiations and Contracts - Terminology / vocabulary ==
    * '''covenant''' == an agreement w/a specific promise to do or not to do something
    ::: non-competition covenant
    * '''whereas''' == in contrast
    * injunction == obligation
    * '''breach''' == to break a boundary, to violate, to not fulfill
    * '''rescind''' cancel w/ effect of being the same position as before signing the contract
    * '''unwarranted''' == uncalled for, unjustified
    * '''contention''' == disagreement
    ::: contentious ( adj. )
    * '''efficacious''' == effective
    * an offer => offeror - offeree
    * a lease => lessor - lessee
    * '''statute''' == law/rule
    ----
    ----


    Line 368: Line 383:
    = Navboxen =
    = Navboxen =
    {{Law}}
    {{Law}}
    ----
    <center>This article '''used to be''' at the address '''<nowiki>https://GloBBA12.si/wiki/Law</nowiki>''' from 2012 to 2016 and '''<nowiki>https://wiki.study/regarding/Law</nowiki>''' from 2016 to 2020</center>


    [[Category:realcontent]]
    [[Category:realcontent]]
    [[Category:Mandatory courses in GloBBA]]
    [[Category:Law]]
    [[Category:Developing Entrepreneurial Competencies]]

    Latest revision as of 12:53, 30 June 2020

    An alternative, more recent layout is in article User:Jukeboksi/BBA studies/Law backported to Wikipedia

    Law is a system of rules and guidelines which are enforced through social institutions to govern behavior”

    “In law particular case interpretations are deduced from the general law.”

    ~ Teacher on application of laws

    How to read law?

    • Luku n == chapter n
      • Pykälä ( § ) n == section n
        • Momentti( 1,2,3.. ) == moment ( 1,2,3.. )

    Where to find the law


    Business Law[edit | edit source]

    Teacher: Janne Jokinen

    Type of course: Mandatory course in GloBBA in Law

    Course code: Unknown

    Part of Developing Entrepreneurial Competencies (BUS1LF001)

    Course material: Access to Finnish Law by Aapo Surakka, ISBN 978-951-0-33696-0. Published by SanomaPro. Note: Also available as an e-book.



    Commercial law, also known as business law is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.

    It is often considered to be a branch of civil law (common law) ( w:fi:Yksityisoikeus ) and deals with issues of both
    private law ( w:fi:Yksityisoikeus myös ) and
    public law ( w:fi:Julkisoikeus ). ( Wikipedia )

    Obs. w:Civil law (common law) != w:Civil law (legal system)

    Yritysjuridiikka ( Commercial law practice ) on kauppatieteellinen tieteenala, jonka tarkoituksena on tutkia fi:liiketoimintaa ja sen päätöksentekoa oikeudellisesta näkökulmasta.( Suomenkielinen Wikipedia )

    Outline of commercial law article contains among other things


    Business Law - Lesson 1 - Introduction[edit | edit source]

    • In Finland ( Civil law ) you can be made to pay the legal fees of the winning party. In USA ( common law ) you don't have to.

    Levels of negligence

    • Minor negligence ( lievä tuottamus, vähäinen huolimattomuus, vähäinen varomattomuus, vähäinen tuottamus )
    • w:Negligence ( huolimattomuus, varomattomuus, tuottamus) ( The area of tort law known as negligence involves harm caused by carelessness, not intentional harm. ( Wikipedia )
    • w:Gross negligence is a legal concept which means serious carelessness. ( törkeä huolimattomuus, törkeä varomattomuus, törkeä tuottamus )( Wikipedia )
    • Willful intention ( tahallinen, harkittu )

    w:Corporate law (also called "company" or "corporations" law) is the study of how w:shareholders, directors, w:employees, w:creditors, and other stakeholders such as w:consumers, the w:community and the environment interact with one another.

    Corporate law is a part of a broader w:companies law (or law of business associations). ( Wikipedia )

    Relevant corporate laws in Finland are

    Business Law - Lesson 2 - Compensation law, product liability[edit | edit source]

    • Compensation law
    • In law, Damages ( w:fi:vahingonkorvaus ) are an award, typically of money, to be paid to a person as compensation for loss or injury;. ( Wikipedia )
    • w:Product liability ( w:fi:Tuotevastuu ) is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. ( Wikipedia )
    • w:Force majeure ( w:fi:Force majeure ) is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (such as hurricane, flooding, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract. ( Wikipedia )

    Making a contract:

    1. ) Preparatory stage
    2. ) Contract period
    3. ) End of contract
    w:Boilerplate (text) is any text that is or can be reused in new contexts or applications without being changed much from the original. ( Wikipedia )

    Protecting w:intellectual property( w:fi:Immateriaalioikeus ) :

    1. ) A patent (/ˈpætənt/ or /ˈpeɪtənt/) ( w:fi:Patentti ) is a form of intellectual property. It consists of a set of w:exclusive rights granted by a w:sovereign state to an inventor or their assignee for a limited period of time, in exchange for the public disclosure of the invention.
    2. ) An w:Utility model ( small patent )( w:fi:Hyödyllisyysmalli )
    3. ) A w:trademark ( w:fi:Tavaramerkki ) is a recognizable sign, design or expression which identifies products or services of a particular source from those of others. ( Wikipedia )

    Business Law - Lesson 3 - Contract law[edit | edit source]

    Topics: Contract law ( w:fi:Sopimusoikeus ) deals with w:contracts

    • A w:waiver ( toimenpiteestä luopuminen ) is the voluntary relinquishment or surrender of some known right or privilege. ( Wikipedia )
    • w:Good faith ( w:fi:Bona fide ) - In w:law, bona fides denotes the mental and moral states of honesty and conviction regarding either the truth or the falsity of a proposition, or of a body of opinion; likewise regarding either the rectitude or the depravity of a line of conduct. ( Wikipedia )
    • w:Labour law (also called labor law or employment law) ( w:fi:työoikeus ) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, w:working people and their organizations. ( Wikipedia )
    Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the w:status quo ante). ( Wikipedia )
    • w:Collective bargaining ( kollektiivinen neuvottelu ) is a process of negotiations between employers and a group of employees aimed at reaching agreements that regulate working conditions. ( Wikipedia )

    Business Law - Lesson 4 - Consumer law, companies law[edit | edit source]

    Topics: Contract law continues, marketing and Consumer Law ( redirects to w:Consumer protection ), Companies law

    • w:Consumer protection ( w:fi:Kuluttajansuojalaki ) it consists of laws and organizations designed to ensure the rights of consumers as well as fair trade competition and the free flow of truthful information in the marketplace. ( Wikipedia )
    • w:Articles of association ( w:fi:yhtiöjärjestys ) is a document which, along with the memorandum of association (in cases where the memorandum exists) form the company's constitution, defining the responsibilities of the directors, the kind of business to be undertaken, and the means by which the shareholders exert control over the board of directors. ( Wikipedia )
    • w:Preferred stock (also called preferred shares,preference shares or simply preferreds) ( w:fi:etuoikeutettu osake ) is an equity security with properties of both an equity and a debt instrument, and is generally considered a hybrid instrument. ( Wikipedia )

    Business Law - Lesson 5 - Wrap up[edit | edit source]

    Topics: w:Company law continues, wrap-up

    Business Law - Exam[edit | edit source]

    Final examination


    International Law[edit | edit source]

    Private international law concerns relations across different legal jurisdictions between persons, and sometimes also companies, corporations and other legal entities ( Wikipedia on private international law according to Conflict of laws )

    Public international law ( w:fi:Kansainvälinen oikeus ) concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond domestic legal interpretation and enforcement. ( Wikipedia )

    w:International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. ( Wikipedia )


    International Law - Lesson 1 - Introduction[edit | edit source]

    • In law, comity specifically refers to legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations (or other jurisdictions within the same nation), particularly by recognizing the validity and effect of their executive, legislative, and judicial acts. ( Wikipedia )
    • A w:supranational union is a type of multi-national organization where negotiated power is delegated to an authority by governments of member states. ( Wikipedia )

    International Law - Lesson 2 - Non-business entities[edit | edit source]

    Obs. In Finland ( Civil law ) you can be made to pay the legal fees of the winning party. In USA ( common law ) you don't have to.
    • Dispute settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. ( Wikipedia )

    International Law - Lesson 3 - Intellectual property[edit | edit source]

    Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.
    Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets. ( Wikipedia )
    • Copyright ( w:fi:Tekijänoikeus ) is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time, with the intention of enabling the creator of intellectual wealth (e.g. the photographer of a photograph or the author of a book) to get compensated for their work and be able to financially support themselves. ( Wikipedia )
    • A patent ( w:fi:Patentti ) is a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, and may be a product or a process. ( Wikipedia )
    • Copyright does not protect the idea. A patent does. ( Teacher )
    also petty patent aka utility model ( w:fi:Hyödyllisyysmalli ) exists.

    International Law - Lesson 4 - When business goes wrong[edit | edit source]

    • A mortgage ( w:fi:kiinnitys ) is a security interest in real property held by a lender as a security for a debt, usually a loan of money. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower. ( Wikipedia )
    • Security interest w:fi:vakuus is a property interest created by agreement or by operation of law over assets to secure the performance of an obligation, usually the payment of a debt ( Wikipedia )
    Equitable charge confers a right on the secured party to look to (or appropriate) a particular asset in the event of the debtor's default, which is enforceable by either power of sale or appointment of a receiver. ( Wikipedia ) It is a form of security interest. [ ... ] Where security equivalent to a charge is given by a natural person (as opposed to a corporate entity) it is usually expressed to be a bill of sale, and is regulated under applicable bills of sale legislation.

    International Law - Lesson 5 - Risks[edit | edit source]

    Additional reading regarding risks[edit | edit source]

    In addition to financial risks, there are five broad categories of investment risks known as five risks. ( Wikipedia )

    Business Negotiations and Contracts[edit | edit source]

    Business Negotiations and Contracts - Lesson 1 - About forming contracts[edit | edit source]

    In common law ( w:fi:tapaoikeus ) legal systems, a contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them.

    The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchange consideration to create "mutuality of obligation." ( Wikipedia )

    Offer and acceptance are elements required for the formation of a legally binding contract: the expression of an offer to contract on certain terms by one person (the offeror) to another person (the offeree), and an indication by the offeree of its acceptance of those terms. The other elements traditionally required for a legally binding contract are (i) consideration and (ii) an intention to create legal relations. ( Wikipedia )

    Consideration is the concept of legal value in connection with contracts. It is anything of value promised to another when making a contract. It can take the form of money, physical objects, services, promised actions, abstinence from a future action, and much more. ( Wikipedia )


    • An unenforceable contract or transaction is one that is valid, but which the court will not enforce. ( Wikipedia )



    Business Negotiations and Contracts - Lesson 2 - A proper offer[edit | edit source]

    A proper offer is:

    1. Valid
    2. Detailed
    3. Specifically adressed

    Sale of Goods legislation and United Nations Convention on Contracts for the International Sale of Goods affect sales of goods

    UNIDROIT is the International Institute for the Unification of Private Law


    Business Negotiations and Contracts - Lesson 3 - Breach of contract[edit | edit source]

    Breach of contract ( w:fi:sopimusrikkomus tai sopimusrikko ) is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. ( Wikipedia )


    Business Negotiations and Contracts - Lesson 4 - Delivery terms[edit | edit source]

    • The Incoterms rules or International Commercial Terms ( w:fi:Incoterm ) are a series of pre-defined commercial terms published by the International Chamber of Commerce (ICC) that are widely used in International commercial transactions or procurement processes. A series of three-letter trade terms related to common contractual sales practices, the Incoterms rules are intended primarily to clearly communicate the tasks, costs, and risks associated with the transportation and delivery of goods. ( Wikipedia )
    • Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. ( Wikipedia )

    What triggers transfer of ownership and risk of loss?

    1. Applicable law
    2. Contract
    3. Breach of contract ( breaching party is liable )
    4. Delivery by common carrier other then seller ( loss of risk is transferred to buyer when delivery is completed as agreed in the contract ) ( Teacher )

    Business Negotiations and Contracts - Lesson 4.5 - Confidentiality[edit | edit source]


    Business Negotiations and Contracts - Lesson 5 - Damages[edit | edit source]

    pecuniary ( money ) vs. non-monetary relief

    expectation damages are damages recoverable from a breach of contract by the non-breaching party.

    It originates from an injured party's interest in realizing the value of the expectancy that was created by the promise of the other party. ( Wikipedia )

    The most common test of proximate cause under the American legal system is foreseeability. It determines if the harm resulting from an action was reasonably able to be predicted. ( Wikipedia )

    General damages, sometimes styled hedonic damages, compensate the claimant for the non-monetary aspects of the specific harm suffered. ( Wikipedia )

    • In contract law, rescission ( w:fi:purkaminen ) ( verb rescind ( purkaa )) has been defined as the unmaking of a contract between parties. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the status quo ante). ( Wikipedia )

    Status quo ante is Latin for "the way things were before" and incorporates the term status quo. ( Wikipedia )

    The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation| , which is the law of loss-based recovery. ( Wikipedia )

    In criminal law, fraud ( w:fi:Petos ) is intentional ( w:fi:tahallisuus ) deception made for personal gain or to damage another individual; the related adjective is fraudulent, and verb is defraud ( Wikipedia )


    Business Negotiations and Contracts - Lesson 6 - Power of attorney[edit | edit source]

    A power of attorney (POA) or letter of attorney ( w:fi:valtakirja, valtuutus ) is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter, sometimes against the wishes of the other's. ( Wikipedia )

    Business Negotiations and Contracts - Terminology / vocabulary[edit | edit source]

    • covenant == an agreement w/a specific promise to do or not to do something
    non-competition covenant
    • whereas == in contrast
    • injunction == obligation
    • breach == to break a boundary, to violate, to not fulfill
    • rescind cancel w/ effect of being the same position as before signing the contract
    • unwarranted == uncalled for, unjustified
    • contention == disagreement
    contentious ( adj. )
    • efficacious == effective


    • an offer => offeror - offeree
    • a lease => lessor - lessee
    • statute == law/rule

    Types of business entity in a nutshell[edit | edit source]

    A business ( w:fi:yritys )may be one of the following:


    "All companies are businesses, but not all businesses are companies." -- jubo-jubo

    the owners are never liable for it's liabilities.
    • Non-incorporated ( w:fi:henkilöyhtiö ) there is at least one person who has personal liability for the liabilities of the business. The w:silent partner ( hiljainen yhtiömies ) in a limited partnership does not have liability for the businesses liabilities.

    Examples of three competing players using different forms of business can be found in Finnish daily

    • The S-group customer owned cooperative
    • the K-Group is a PLC ( Kesko Oyj ) with Ltd's owned by the merchants.
    • Parent company of w:Lidl is a w:Stiftung ( w:fi:Säätiö ) and Lidl Suomi is a limited partnership

    Further information: w:Types of business entities ( Contains list for all types of businesses for all w:locales )

    Navboxen[edit | edit source]

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    This article used to be at the address https://GloBBA12.si/wiki/Law from 2012 to 2016 and https://wiki.study/regarding/Law from 2016 to 2020