Section IV LEGAL ASPECTS OF BUSINESS Flashcards
(23 cards)
What is a transaction
The exchange of goods and services between a buyer and a seller for monetary payment.
What are Two (2) major types of transactions
Cash
Credit
What is cash transaction
A cash transaction is the
exchange of goods and services between buyers and sellers for immediate payment
What is credit transaction
Exchange of goods and services between buyers and sellers that involves delayed payment or payment at a later date.
Why are documents used for transactions
Record of the transaction
both the buyer and seller keep their finances in order.
Provide evidence of legal ownership of items purchased.
What are the 12 documents used in home trade
1.Letter of enquiry
2.Covering letter
3.Catalogue
4.Price List
5.Order Note
6.Delivery Note
7.Invoice
8.Pro Forma Invoice
9.Credit Note
10.Debit Note
11.Statement Of Account
12.Receipt
What are the 8 documents used in international trade
1.Foreign Order
2.Pro Forma Invoice
3.Import and Export Licenses
4.Certificate Of Origin
5.Shipping Note
6.Bill Of Lading
7.Airway Bill
8.Certificate of Insurance
What factors are considered before choosing method of payment
- the amount of the payment
- the urgency of the payment
- whether payment is to be made at home or abroad
- safety of the chosen method
What is a cheque
note instructing a financial institution to pay a sum of money from an account the buyer has a that institution.
What data is usually on a cheque
Amount to be paid
Date cheque was written
Payee’s name ( person receiving payment)
Drawee’s name (institution honoring payment)
What are the types of cheques
Open- no amount written on the cheque.
Bounced/dud/rubber/dishonest: a sum written on it that is greater than the amount of money
in the drawer’s account.
Post dated: a cheque dated for payment in the future.
Ante-dated: one that has a date more than six months past
e. Stale-dated: one that has a date more than six months past.
f. Crossed: one that has two parallel trans versed lines drawn across its front. Such
cheques
have too be deposited until they can be verified.
h. Managers Cheque : a cheque which has to be signed by the bank manager
allowing it to
be paid because of the large sum.
What are the 11 main forms of payment
Cash – Notes and coins, mostly used in local trade with local currency.
Credit Transfer – Bank-to-bank transfer, no physical cash involved.
Standing Order – Regular payments taken from a customer’s account automatically.
Postal Order – Small payments via post office, mainly in foreign trade.
Bank Draft – Prepaid cheque from a bank used for local or foreign payments.
Money Order – Like a bank draft, but payee’s name isn’t shown.
Telegraphic Transfer – Fastest method, money sent electronically.
Letter of Credit – Bank document showing a buyer has enough funds to pay.
Documentary Letter of Credit – A bank agrees to pay for goods on behalf of a customer.
Bill of Exchange – A written promise (I.O.U) from a buyer to pay a seller later.
What is the purpose of insurance
to provide a sum of money in compensation for any damages suffered as a result of a risk that would have occurred.
What is insurable risks
Events an insurance company is willing to provide coverage for as the probability of them happening can be predicted because of available data,
What is the premium
The sum of money the insured would be
required to pay monthly to maintain the insurance
What is the policy
a contract between the insurance company and the insured that would be signed
What are the Principles of Insurance
- Utmost Good Faith
- Insurable Interest
- Indemnity
- Subrogation
- Contribution
6.Proximate Cause
7.Averages
8.Cancellation - Arbitration
What is life assurance
Coverage against risk that will happen
What are the 3 types of life assurance
(i) Whole life- this policy will only provide compensation upon the death of the insured.
(ii) Term Life- a term is a five year period of time. Such a policy covers the life of the
insured for 5 years and would only provide compensation if the insured died before the
policy
ends.
(iii) Endowment-this policy is a type of trust fund. It combines savings and life assurance.
It is purchased for a time period and upon the end of the period a lump sum of money
is paid to
the insured.
What is a contract
a legally binding agreement
What are the features of a valid contract
Offer and Acceptance
Consideration
Capacity of the Parties
Legality
Possibility of Performance
Good Faith
Agreement
What is a counter offer
when the person to whom the offer was made of the offeree accepts the offer
without fully abiding to all it’s conditions.
What are Ways to Terminate/Discharge Contracts
Performance-when all concerned completed their part of the contract.
Breach- Failure by one person to perform their part of the contract.
Lack of agreement on the part of one party to the terms of the contract.
Lack of Good Faith such as the use of force or fraud.
Impossibility of parties to complete the contract eg. Bankruptcy.
Illegality of an item used in the contract eg. Use of stolen goods.
Lack of capacity of some party to the contract eg. Someone insane.
Use of good consideration.
The existence of a counter-offer.
An invitation to treat being made.