• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.55-78
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• 2011

This paper has derived some problems relating to the use of letters of intent which are common occurrence in the international contracts after considering its nature and legal issues. As reviewed before, some problems may occur when a party has documented a stage in the negotiations by letters of intent. Such documents may well explicitly spell out if, and to what extent, the parties should be bound by what they have already agreed or to carry on negotiations in order to reach the final contract. But if the documents are silent, some problems would arise. Contracting parties are therefore well advised to spell out if, and to what extent, they should be bound by such preliminary agreements. Here again, it might be prudent to explicitly set forth that the parties should not be bound until there is a final written contract signed by authorized representatives of the parties but that they shall abstain from such measures which may defeat their stated objective to reach final agreement, for example, by diminishing the value of performance under the contemplated contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.32
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• pp.3-27
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• 2006

The Pennzoil case and the SME case illustrate the difficulties which originate from inadequate drafting of letters of intent. In both cases the judges had to face the crucial question as to whether or not a given letter of intent had a binding nature; they had in other words to decide whether the wills expressed in such letters still belonged to the pre-contractual stage, or whether their incorporation into a pre-contractual document meant that negotiations were over and binding obligations had already arisen for the parties. In other words, some problems may occur when a party has documented a stage in the negotiations by letters of intent. The letters may well explicitly spell out if, and to what extent, the parties should be bound by what they have already agreed or to carry on negotiations in order to reach the final contract. But if the letters are silent, some problems would arise. Contracting parties are, therefore, well advised to spell out if, and to what extent, they should be bound by such preliminary agreements. Here again, it might be prudent to explicitly set forth that the parties should not be bound until there is a final written contract signed by authorized representatives of the parties but that they shall abstain from such measures which may defeat their stated objective to reach final agreement, e.g. by diminishing the value of performance under the contemplated contract.

• Culinary science and hospitality research
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• v.15 no.4
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• pp.331-344
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• 2009

As per the results verified in this study for the effect, which is given to the intent for contract according to the franchisor's capacity and support factors per the founder's characteristics. Firstly, as for analysis of the effect given by the conditions of the founder to the capacity of the franchisor, the experience and the founder's self-confidence are attentively affected in the history of the franchisor among the capacity of the franchisor, and the experience and the specialized knowledge done in the number of the franchises, and the experienced, specialized knowledge and self-confidence of the founder done in the brand and the self-confidence of the founder done in the capacity of the franchisor. Secondly, as for the hypothesis, which the founder's conditions is the support of the franchisor, the experience, specialized knowledge and the founder's self-confidence attentively affected in the support for advertisement, and the capital and experience done in the educational support, and the capital and specialized knowledge and the founder's self-confidence done in the business manual and the founder's self-confidence done in the package. Thirdly, as for the effect given by the capacity of the franchisor to the intent for contract, the number of the franchises possessed the franchisor and brand are affected to the capacity of the franchisor, and fourthly, as for the hypothesis, which the support of the franchisor affects the intent for contract, the educational support, business manual and package purchase are attentively affected. Therefore, through this study, it can be known that the characteristics of the founder and the capacity and support of the franchisor are mutually related to the intent for contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.75-97
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• 2009

Article 35 of the CISG defines standards for determining whether goods delivered by the seller conform to the contract in terms of type, quantity, quality, and packaging. When we apply these article 35(1), (2) of the CISG to the business connection, we will face several issues in the business connection. Fist, we will face the interpretation of contracts. When we interpret the contract, we must remember the article 8 of the CISG. Statements made by and other conduct of a party are to be interpreted according to the intent of parties. Therefore parties of contract must describe their intent correctly. Second, we must make out a contract in written about the promised contents. And it is needed to insert a merger clause in order to prevent part of contract from disagreeing with each other. Third, there are several interpretation of fitness for the purpose for which the goods would ordinarily be used. So it is important to describe the quality standard to be applied. If it does not describe the standard, it is helpful to apply the reasonable quality test. Fourth, there may be some doubt regarding the question of whose standard-that of the seller's or that of the buyer's state-is relevant in order to determine which characteristics the goods must have in order to be fit for their ordinary purpose. Ultimately, the question of the relevant standard is a matter of the interpretation of the contract.

• The Journal of the Korea Contents Association
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• v.8 no.11
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• pp.364-374
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• 2008

The study demonstrably begins with the franchise system that found management of member store for office, the satisfaction that the relation between main office and member store and the difference with renewal of the contract. According to the result of the study that analyzed the difference in the rate of satisfaction that depended on individual peculiarities, the study found the statistical difference in a part of a category of business, a school career, a business career, a floor area, a selling level and presence of experience. The floor area and the selling level are distributed into 3 groups and the category of business, the school career, the business career and presence of experience are distributed into 2 groups. In addition, the result that analyzed the difference in the rate of satisfaction that depended on the motive found that improvements were distributed into 2 groups and there was the difference between the rate of satisfaction that depended on renewal of the contract intent.

• Journal of the Korean Society of Food Science and Nutrition
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• v.35 no.6
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• pp.815-822
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• 2006

The purposes of this study were to investigate the consumer's perception of the subject to manage the foodservice operation in the university, and to analyze the effects of consumer's perception of the university foodservice qualify on intent to revisit and intent to recommend. The questionnaires were distributed to 575 students in the K University located in Masan, who were sampled by proportionate stratified sampling method. The surveys were peformed from May 17 to June 2, 2005. The 566 questionnaires were responded, and 6 unusable questionnaires were excluded, then 560 were used for the final analysis (response rate: 97.4%). For the statistical analysis, SPSS (12.0) was used to conduct the descriptive analysis, factor analysis reliability analysis, and multiple regression analysis. The results of this study were as follows: First 254 respondants (47.3%) did not know that their foodservice operation was managed by contract foodservice company, and 374 students (66.8%) did not know the name of the contract foodservice company which runned their foodservice operation. Second, the food factor of university foodservice quality had a significant positive effect on intent to revisit (P<0.001), and the food factor of university foodservice quality also had a significant positive effect on Intent to recommend (p<0.001). It was concluded that as the food factor of university foodservice qualify Increased, the intent to revisit and the intent to recommend the university foodservice increased. So when university foodservice managers plan the foodservice operation strategy, they should focus on increasing the perception of customers' foodservice quality and also advertising contract foodservice company's brand name.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.3-26
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• 2008

CISG provides the Convention's default provisions on anticipatory breach. Article 71 permits the aggrieved party to suspend the performance of his obligations if it becomes apparent that the other party will not perform a substantial part of his obligations after the conclusion of the contract. The aggrieved party must give notice of the suspension to the other party and if he provides adequate assurance of his performance, the party must continue with performance. Article 72 authorizes the aggrieved party to avoid the contract to the date of performance when it is clear that the other party will commit a fundamental breach. The aggrieved party is also required to give the other party notice of his intent to avoid the contract if time allows. The requirements for avoidance under Article 72 are more stringent than those for suspension under Article 71. Article 72 requires reasonable prior notice only if time allows, while article 71 requires immediate notice with no exceptions.

• Journal of Arbitration Studies
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• v.26 no.2
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• pp.3-25
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• 2016

Lately each country tends to provide neutrality and ease of enforcement in order to settle disputes related to international trade through commercial arbitration. In order to expand the use of arbitration systems, most countries accept arbitration agreements as an effective tool agreed between parties that express their intent to settle disputes by the arbitration. It is applied equally to selective arbitration agreements and parties can select either arbitration or lawsuit to settle disputes based on the contract intent for selective arbitration agreements. However, China does not admit the effectiveness of selective arbitration agreements. Chinese courts regard selective arbitration agreements as not valid because the contract of a selective arbitration agreement between parties is not a definite expression to only use the arbitration and there is no exclusion of court jurisdiction. Therefore, the study attempts to consider effective conditions for selective arbitration agreements in the Chinese arbitration act and other relevant regulations, and also verifies the judgment by Chinese courts on relevant disputes. As a result, the study explores some problems and implications of Chinese selective arbitration agreements and suggests some precautions in case Korean companies pursue selective arbitration agreements with Chinese enterprises and investors.

• The Korean Journal of Franchise Management
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• v.10 no.2
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• pp.19-32
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• 2019

Purpose - This paper aims to investigate the mediating effects of relationship fairness factors between franchisor's support services and performance(re-contract intention) in food service franchise. More specifically, fairness was measured into distributive, procedure, interaction, and information, franchisor's support service was divided into pre-start support services (initial support services) and post-start support services (continued support services), and performance (re-contract intent) was measured using 3 items such as re-contract, contract extension, and recommendation. Research design, data, and methodology - The population for the survey is the head of franchises in the metropolitan area (Seoul/Gyeonggi), which operates a restaurant franchise, and samples included a wide range of overseas/domestic brands and regions. The survey was conducted from August 1 to September 30, 2018 through the survey agency. The survey was conducted together with a telephone interview and a direct visit by the investigator. A total of 205 questionnaires were collected and retrieved, 4 questionaires containing missing information were excluded and 201 responses were used for analysis. Results - The results shows that franchisor's initial support services have significant positive effects on procedural, interpersonal, and informational relationship fairness, and continuous support services have significant positive effects on distributive, procedural, interpersonal, and informational relationship fairness. This study also shows that informational and procedural fairness have significant positive effects on performance(re-contract intention). Finally, continuous services a significant positive effect on performance(re-contract intention). Conclusions - The results show that franchisor make a manual, and should improve fairness through regular investigation whether support services was executed as promised in the manual after franchisee operation. In addition, information fairness and procedural fairness have been shown to increase performance(re-contract intention). These results mean that the franchisor's headquarters should provide product and service support for the merchant in accordance with the manual and management policy to reduce asymmetry in information and improve procedural fairness to enhance performance(re-contract intention).

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.91-113
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• 2017

UN Convention on International Sale of Goods (CISG) and International Commercial Arbitration aim at the promotion and facilitation of international trade. Both of them share similar general principles; i.e., party autonomy and pacta sunt servanda. Also they are often applied concurrently in the case of the international commercial trade. The purpose of this article is to investigate whether the CISG could apply the formation of the arbitration clause that is included in the main contract governed by CISG. Sellers and buyers have freedom of designating choice of law that is applied to their contracts. An international arbitration agreement is presumed to be separable from the contract in which it is found. However, arbitration clauses commonly form part of a general contract. Thus, the CISG is intended to be applied to dispute resolution clauses, including arbitration clause even if it is not completely suitable. Notably, there is a fundamental distinction between the CISG and arbitration. The CISG abolished the formalities of contract. New York convention requires Contracting States' Courts to enforce written international agreements to arbitrate.