...In the text states, “Whenever a U.S. firm enters into a contract situated in a different country, it should make sure the agreement is officially enforceable” (Melvin, 2011). Therefore, resolving legal disputes in international transactions also pertain to issues resolved in legal disputes in global companies. Global company should always acknowledge amendments made to the global rules and regulations (Melvin, 2011). When taking legal actions against a foreign business partner based in another country there are some practical considerations. These considerations consist of the guidelines of the country; a country has elected to conduct business with. In most cases Country’s overseas are not always equal to the legislations laws enforce in the United States. It is important that Agreements made when transacting business in other counties. These agreements are known as binding contracts in with both countries’ come to agree upon. In some cases some countries may even refuse to conduct further business with a particular country if the country files a case (Melvin, 2011). Factors that work contrary to the CadMex's decision for granting sublicensing agreements occur when businesses chooses to enhance the possibilities of cases brought against them by choosing to develop records of sublicensing contracts. Businesses must always incorporate in sub-paragraphs in the transaction agreements; the business must take responsibility of any financial difficulties by pardoning...
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...From culture to unfamiliar law to the possibility of a government coup, doing business with other countries seems to not worth the effort for American companies. According to "White and Williams, LLP" (n.d.), “International transactions and dispute resolutions require both an understanding of the law and a sensitivity to foreign culture, politics, formal and informal power structures and decision-making approaches” (para. 1). Jurisdiction would need to be addressed before any debates or agreements can be met. Does the host country have the right to hear and make a legal decision or since the company is American, would the U.S. courts be the ones to decide over any disputes? The three basic questions that need to answered before going forward are which country’s courts should have jurisdiction to hear the dispute, which country’s laws should be used to decide on the dispute, and if any foreign judgment attained overseas might be enforceable in the home country (Barclay's International Trade, n.d.)? Practical considerations to think about would be if the laws of that country would be that any more business deals wouldn’t be allowed or if the laws of that country protect the foreign business partner from any liability. The factors working against CadMex granting sublicensing agreements is that they open themselves up to the potential of lawsuits being brought against them. Host countries local laws and customs prevail over the operating country’s own laws and customs since the host...
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...parties is conditioned, and performance must satisfy that party. Dacor ordered a custom made, state of the art, big screen entertainment center and he wanted refinished and substantial improvements in its picture and sound quality. Because High Tech was not able to make his request, Dacor was dissatisfied and only the personal satisfaction of the party fulfills the condition. Since there was no condition, there is no obligations under a contract. 10.Saul, a cotton merchant, had 50 bales of cotton in his warehouse. Brown, a prospective buyer, inspected the bales in the warehouse, and entered into a signed written contract with Saul to buy the bales at a price of $1,000 per bale. Delivery was to be made by Saul to Brown's factory in two weeks. Two days before the delivery date, Saul's warehouse and the cotton were destroyed by fire caused by lightning. Brown demanded that Saul deliver another 50 bales of similar grade cotton. Upon Saul's refusal, Brown sued Saul for breach of contract. Judgment for whom?...
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...which is known for ProPez, which is a breakthrough medication for anti-diabetes. The company does not have the abilities to produce globally, and CadMex is attempting to negotiate a partnership. Some issues to consider in resolving disputes in international transactions would be selection of local counsel, understanding of unique aspects of local law, conduction due diligence, effective tax and other structuring issues, competition law issues, purchase price issues, choice of law/dispute resolutions, master/local agreements, language and cultural issues, and managing the task (Peter, 2014). In a world of rapid growth and expansion business have an established method of resolving disputes quickly, efficiently and constructively known as arbitration. Nickerson (2005), "Arbitration is a voluntary process of dispute resolution where a neutral third party renders a final and binding decision after each side has an opportunity to present its view." When it came to CadMex Pharma having to deal with the idea that Gentura is bound by and coincides with the laws of Candore. Gentura is more obligated to its country of residence. Very few laws of the United States will have any matter in this country. A main issue that could present itself in resolving any legal disputes is the venue for the dispute. The best solution would be International Arbitration on neutral ground with a company who is familiar with International transactions with outcomes that are binding. A binding outcome can...
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...Learning Team Weekly Reflection Law/421 University of Phoenix In Week one of Contemporary Business Law, Team A learned about substantive, procedural, criminal, civil, common, and statutory law. In the reading assignments for week one, we discerned the differences that separate the laws and how the courts enforce the laws. Corporations and businesses are awarded protections under the Amendments to the Constitution of the United States that protect them from fraudulence. The following essay covers Team A interpretation of the different laws and how the laws pertain to corporations, businesses, and our current places of employment. Substantive Law and Procedural Law Substantive laws are laws that give people rights. These rights also create certain duties. Procedural laws outline what must be done in order to exercise substantive rights. An individual is granted the right to obtain restitution when they have suffered losses due to another’s actions. This right would be a substantive law. Procedural law provides information on how to use the legal system to file a lawsuit and how to obtain restitution once awarded by the court (Melvin, 2011). The Fourteenth Amendment of the U.S. Constitution applies the Bill of Rights to the states. The Due Process clause outlines procedural laws when the government affects an individual’s life, liberty, or property rights. If the government has to interfere with an...
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...LAW 421 Week 1 Role and Functions of Law Paper Get Tutorial by Clicking on the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/law-421-week-1-role-functions-law-paper/ For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. inCh. 2, section 2-6, “Commerce Powers,” of the text Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least two references from your reading. Format your paper consistent with APA guidelines. LAW 421 Week 1 Role and Functions of Law Paper Get Tutorial by Clicking on the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/law-421-week-1-role-functions-law-paper/ For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. inCh. 2, section 2-6, “Commerce Powers,” of the text Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present...
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...LAW 421 Final Exam The LAW 421 Final Exam deals with basics of law and the methods in which it could play a role in the life of a common person. We have worked towards making the students comprehend the meaning of law in easy terms. There is a widespread negative notion among the masses that the concepts related to law are like alien language for the commoners of the society. The LAW 421 Final Exam throws light upon some of the most significant ideologies of the law world. The questions are strategically framed to bring out the major theme of the topic. For example, the role rendered by the hearing officer is an extremely minute, but essential concept that should be primarily known to the students of law. In addition, the LAW 421 Final Exam is beneficial for the students to learn the application of the numerous laws that are framed by the constitution with the help of sufficient practical examples. It encourages the students to think critically and make appropriate decisions. Many questions are framed in such a manner that the students may consider them to be in the place of a judge, or lawyer to present the final verdict regarding a case, and thereby take appropriate decisions. How to Answer? We have also worked hard upon framing the appropriate LAW 421 Final Exam Answers for the students. The answers to the multiple choice questions are drafted in a manner that the students instead of getting confused among the options, spot the correct answer by understanding the concept...
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...LAW 421 Final Exam Are you preparing for Law 421 Final Exam? Do you feel that you are not polished enough to pass the first time out? Are you confused about the question pattern? If you are going to pay attention to the bellow information, you will have a clear change of succeeding. As Michael Jorden said “If you're trying to achieve, there will be roadblocks. I've had them; everybody has had them. But obstacles don't have to stop you. If you run into a wall, don't turn around and give up. Figure out how to climb it, go through it, or work around it.” And here we will help you out to figure out everything that would help you to cross any hurdle of this exam. To be true the test isn’t tough enough if you prepare yourself from the beginning. Law 421 is an essential part of the higher education and to gain good grades one has to put it some efforts. With our help you won’t go through any hassle and headache that other’s goes through when this exam comes knocking, Preparation is everything, and with our courses and strategies you would have a good chance to top whenever you take Law 421 final exam. Review Our Course Work and Notes The first thing that you would want to do is to review all coursework. Here we provide you with the entire course of Law 421 final exam. All in separate weeks. The role rendered by the hearing officer is an extremely minute, but essential concept that should be primarily known to the students. In addition, the LAW 421 Final Exam is beneficial for the...
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...LAW 421 WEEK 2 Individual Assignment Addressing International Legal and Ethical Issues Simulation Summary University Of Phoenix Complete the Addressing International Legal and Ethical Issues simulation located on the student website. Write a 350-word summary of the simulation using APA format. In your paper, answer the following questions: * What are the issues involved in resolving legal disputes in international transactions? * What are some practical considerations of taking legal action against a foreign business partner based in another country? * What factors could work against CadMex's decision to grant sublicensing agreements? * When the local customs and laws conflict with the customs and laws of an organization operating abroad, which should prevail? Explain why. * How would you compare the issues in this simulation to the domestic legal issues discussed in your Week One readings? How should companies resolve domestic and international issues differently? Use a minimum of 3 peer-reviewed articles from the University of Phoenix Online Library to support your positions. Addressing International Legal and Ethical Issues Simulation Summary NAME: DATE: LAW 421 INSTRUCTOR: Once I finished participating in the simulation I began to see many problems when it came to the practices and the resolving of international transaction disputes. I took some resourcefulness to navigate through difficulties of working with two separate...
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...LAW/421 Version 1 Contemporary Business Law Click Here To Download Week One: Introduction to Law Participation Participate in class discussions and respond to weekly discussion questions. DQs due days 2, 4 and 5 7 Individual Role and Functions of Law Paper Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. in Ch. 2, section 2-6, “Commerce Powers,” of the text Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. The Cipollone case merely illustrates some of the functions and roles of law in business; your paper should not be a discussion of that case. You can cite to that case only as needed to exemplify some point you are making. Discuss the functions and role of law in your past or present job or industry. What is the most important Constitutional provision to business law? Properly cite at least two references from two different sources. Format your paper consistent with APA guidelines. Day 7 11 Individual Bio Post your bio in the body of a message in the chat room. Week Two: Torts Participation Participate in class discussion and respond to weekly discussion questions. DQs due days 2, 4 and 5 7 Individual Addressing International Legal and Ethical Issues Simulation Summary Complete the Addressing International Legal and Ethical Issues simulation located on the student website. Write a 350-word summary. In your paper, answer the following...
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...This work comprises LAW 421 Week 2 Rules of Law Complete the Addressing International Legal and Ethical Issues simulation located on the student website. Write a 350-word summary. In your paper, answer the following questions: What are the issues involved in resolving legal disputes in international transactions? Provide a real world example. What are some practical considerations of taking legal action against a foreign business partner based in another country? What factors could work against CadMex’s decision to grant sublicensing agreements? When the local customs and laws conflict with the customs and laws of an organization operating abroad, which should prevail? Explain why. Provide a real world example. How would you compare the issues in this simulation to the domestic legal issues discussed in your Week One readings? How should companies resolve domestic and international issues differently? Law - General Law Goals of Sentencing . Discuss the pros and cons of four of the six correctional aims or goals of sentencing. Your initial post should be at least 250 words in length. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references. Respond to at least two of your classmates’ posts by Day 7. In your responses to your classmates, identify which goal or aim of sentencing defined has the best chance of success in the next...
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...Week 2; Addressing International Legal and Ethical Issues LAW 421 Forum selection should be determined during contract negotiation and execution so in the event of a dispute both parties know if the dispute will be settled in a U.S court, a local court or by either binding or non-binding arbitration. If both parties are members or the World Trade Organization (WTO), they are encouraged to try arbitration first, but if it is unsuccessful, they can turn to the WTO Disputes Settlement Body. When deciding to take legal action against a foreign business partner based in another country, it is important o consider their local cultures and customs. It is also important to have an understanding of their local laws. Other factors that CadMex needs to consider is the amount of time and increases costs involved with maintaining standards of production after sublicensing. Allowing the sublicense will generate goodwill, but the generic brands will be significantly less expensive than the original brand name. This will impact the Candorean GDP and as a result, the Candorean government may not approve the sublicense agreements The prevailing law should be established during contract execution to prevent disputes in the future, however, when local customs and laws conflict with the customs and laws of an organization operating abroad the conflict needs to be examined and determined on a case by case basis. In most cases, it is in the best interest of the companies to work within the...
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...Stallings, Aja Cancela, Terry Cardenas LAW/421 September 2, 2013 Neha Bhatia Learning Team “A” Discussion Team “A” learned in week two the differences between substantive, procedural, criminal, civil, common, and statutory law. This paper provides differences and examples of these types of laws. Substantive Law Substantive Law is what deals with an individual’s personal rights, known as “real property” in which the rights are regulated in this arena. An example of these laws discussed during the week was the case of Mary and the neighbor. Mary was negligent when using the trimmer and the neighbor suffered a loss. Substantive law provides the neighbor with the right to collect damages and procedural law is the structure for collecting restitution. Procedural Law Procedural Law provides the structure that is used for setting up guidelines for pursue of the rights of substantive. It is utilized for description of the guidelines and rules set in the aspects of a governmental case pre, during, or post of the trial. This law may be utilized in proceeding of criminal, civil and administrative to help in the structure of how the mentioned proceeding will be handled. Included but not limited in the law may be the selection of jury, the set jurisdiction and the limitation of the statue. These laws of procedural differ in the kind of court proceedings as the courts individually have a particular set of laws. The main objective of these laws of procedural is to assure that the...
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