Addressing International Legal and Ethical Issues Within ContractsJames Michael SmithUniversity of PhoenixAddressing International Legal and Ethical Issues Within ContractsUniversity of Phoenix offers a simulation about CadMex and Gentura and an international contract they pursue (University of Phoenix, 2009). CadMex as a pharmaceutical company is about to go into contract with Gentura, a company in the country of Candore. CadMex needs to make sure that the contract that is formulated offers protection that will mutually benefit each party while allowing CadMex to successfully market a new product from Gentura entitled ProPrev. This paper will answer why Gentura would be in breach of its contract with CadMex Pharmaceuticals, the remedies that might be available for such a breach, and also make recommendations on how the Gentura situation should be handled. Within the paper an analysis of selecting the proper forum and venue for dispute resolution will also be explained followed by the conclusion.
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Hard Contract
English: Via PanispernaGentura would be in breach with many of the actions that it chose to take during the timeframe that they had the partnership with CadMex. One example would be when they chose to market the ViroBlax drug when there was only a one percent outbreak of the disease in Candore. Due to the higher percentage later on in the simulation, the government was able to step in to allow cheaper drugs worth the three percent outbreak that had occurred. The contract that had been formulated allowed CadMex full global marketing rights and Candore's action to offer the drug when there was only a one percent outbreak broke that portion of the contract.
The remedies involved within the simulation involved taking legal action, pursuing compensation without legal action, and obtaining shared rights of another drug manufactured by Gentura. Each remedy offers different positive and negative consequences of the action. For...