As we learned in the lecture that contract laws are the basis of doing business in other countries and some nations have stronger contract laws than others. Since many companies want to invest or start up in other nations, name a few countries that you or your company might have encountered contract laws with or are interested in doing business with. What might be few reasons of starting a business in another country?
I work for a medical device company that manufactures blood analyzers. From my understanding of contract agreements, I believe my company would have to have contracts with Singapore as they are the main manufacturing location for one of our products. We used to manufacture the product on site, however with demand growth and sales increases, we had to scale up production. From what I understand, the decision was made to manufacture overseas because of cost and the fact that other divisions also already used this manufacturing site.
For medical device startups, I believe many companies are going overseas because it takes too long to get approved by the FDA. It is assumed that the FDA is tightening up on their regulatory activities as there have been many recalls of some unsafe medical devices. However, there is concern that Americans are being deprived of the latest technology because companies routinely seek approval for new devices in Europe first.
I work at a clinical research company that is involved with recent breakthroughs in immunotherapy. This includes treating conditions such as cancer, HIV, hepatitis, or pro-inflammatory diseases by processesing cell-based products that are intended for patients in Europe (EU) and Canada (CA), and possibly Japan. A common reason for establishing a company or expanding into another country is because there is a demo graphical demand for your product there that cannot be satisfied by any local companies, therefore a contract must first be conjured between international entities. Our contracts between companies, hospitals, or healthcare facilities differ significantly based on the the country's location of whom we are doing business with. For example, when processing a product that is designated for EU, we must follow more strict guidelines, such as performing quality checks on the manufacturers every time a process takes place rather than just taking quality checks on the products alone.
According to lecture, in order for two coercing companies to succeed, especially when originating from different nations, they must establish and adhere to contract laws when formulating an agreement. Such laws require "offer and acceptance" from both parties, meaning that a contractual agreement can only be legalized if both sides fully understand the negotiations that are to occur. Consideration must also be made to ensure both companies equally benefit from their relations as well as having the working capacity/competency to formulate these progressive relations (i.e. a custodian cannot make decisions that would normally be assigned to a researcher). What other contract laws are required when trying to consolidate a working contract between two companies? Medical device regulation in EU are known to be less tedious than in the US, is this addressed at all in a company's contract (such as an EU company enforcing more strict statutes towards US companies when handling their products)? What are some of the penalties associated with violating contract laws between two companies in the same country? What about in different countries?
Reference:
"Elements of a Contract", US-Legal website
Contract laws is an agreement between private parties creating mutual obligations enforceable by law. The basic element required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance, adequate consideration , capacity and legality. The requisite elements that must be established to demonstrate the formation of a legally binding contract are 1- offer 2- acceptance 3- consideration 4- mutuality of obligation 5- competency and capacity 6- a written instrument.
I totally agree with @sam-doksh. Contract laws are one of the legally enforceable agreement between the parties to do something (or not to do something). They are one of the most common legal documents in both personal and business lives. It is the area of law that governs making contracts, carrying them out and fashioning a fair remedy when there’s a breach. They allow parties to conduct their affairs confidently. The essential elements in a contract include offer, acceptance, consideration, intention to create legal relations, capacities and formalities.
I work for Coca-Cola which is now operating in more than 200 countries and producing nearly 500 brands. From a legal and management standpoint, the Coca-Cola company is not a single organization, and the Company does not own or control all of their bottling partners. The Coca-Cola Company is a multinational corporation that acts on a local level in each town in which it does business. Their bottling partners create, package, market, and distribute branded beverages to customers and vending partners. The company manufactures and sells concentrates, beverage bases and syrups to bottling operations, owns the brands and is responsible for consumer brand marketing initiatives.
Coca-Cola Amatil is the Australian bottling partner and one of the largest bottling partners in the Asia-Pacific region. CCA employs more than 15,000 people and has access to more than 265 million consumers through over 700,000 active customers. CCA has operations in six countries – Australia, New Zealand, Fiji, Indonesia, Papua New Guinea and Samoa. This example shows that supply and demand may be a big reason for companies to outsource their business abroad.
My company works with a lot of contract manufacturing organizations in Ireland and other countries. They may have many reasons for doing so, one being the outsourcing of manufacturing can be cheaper to do in other countries than within our own. It also saves the company time and effort to use facilities that are already made elsewhere rather than having to create your own from scratch. It also helps create business relations internationally that may make it easier to sell your product if production is being done in the country of interest. There may also be an untapped market in a different country which could make contracting with them of high interest and profit.
My current company works closely with Mexico. They began working with Mexico back in 2017 because it offers manual assembly services in a controlled production facility thereby maximizing the company's output in a timely manner. The reason for this newly formed division in Mexico is likely due to it being cheaper to outsource than to do it in house. I believe money and budgeting is the main reason for starting a business in another country.
Companies have to do business in other countries for many reasons. The two simplest examples of this are to sell products in that country or to produce in that country. Let's first examine the production. We know that most countries prefer China as a place of production. Although this increases the logistics costs, it provides a great advantage to the companies in terms of labor costs. Another reason is to sell products in other countries to increase the company's revenues. Companies are trying to excel in the local market by establishing distribution points in other countries and by preparing appropriate advertisements there.
The company I work for is an international company that is based out of Germany but has a large presence in the United States. Many of the customers that we deal with are based in many different countries around the world, especially in Asia and South America. Even though I did not take part in the contract laws with the other countries, I can assume it was very extensive in the rules and regulations established between the two parties. A company expanding its business to other countries is also a great benefit due to being able to increase its customer outreach. A company that is established in other countries is creating more opportunities and benefitting itself overall in the long run. Different countries have different cultures and this is part of what leads to different opportunities that are not found in the home country of the company. Being able to expand will lead to greater growth in the business if done correctly, as seen with the bigger companies nowadays.