CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part‚ not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred
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scenario about ‘The bidding for NatWest’‚ and then consider the questions using the course concepts and in the context of Inter-Organisational‚ Intra-Organisational‚ Inter-Group and Intrapersonal Negotiation and communication strategies. You can draw on any knowledge gain from other ‘International Negotiation and Sales Management’ courses. Case 3: The Assignment – ‘The Danone‚ Wahaha Joint Venture Dispute’ Part 1. The real story behind Wahaha’s conflict with Danone – ’national capital’ or just
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1. Shipment or delivery The obligation of Seller to ship or deliver the goods specified on the face of this Contract (“Goods”) by the time or within the period specified on the face of this Contract shall be subject to the availability of the vessel or the vessel’s space. If‚ under the terms of this Contract‚ Buyer is to secure or arrange for the vessel or vessel’s space‚ Buyer shall secure or arrange for the necessary vessel or vessel’s space on berth terms basis and give Seller shipping
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are worth 1.2 points a piece) 1. Which is not a characteristic of a negotiation or bargaining situation? A) conflict between parties B) two or more parties involved C) an established set of rules D) a voluntary process E) None of the above is a characteristic of a negotiation. 2. Which of the following is not an intangible factor in a negotiation? A) the need to look good B) final agreed price on a contract C) the desire to book more business D) fear of setting a precedent
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contract law agreement: objective test of intention to agree offer must be matched by other’s acceptance requirement of certainty of agreement parties have intention to create legal relations enforce promise: consideration promise is contained in a deed promissory estoppel (claimant has relied on defendant’s promise) reliance theory: consistent with the harm principle (prevent harm on others) restitution interest
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conditions under which he would do so were complex: OAF was just two years old. This would be its first large acquisition of fertilizer. Postigo had five potential suppliers‚ none of whom he had ever met face-to-face and would not during these negotiations. Over a period of several weeks‚ Postigo leveraged his knowledge of the relationship-oriented Kenyan culture‚ his sensitivity to the fact that the product he was buying was a commodity‚ the growth strategy of his NGO‚ and his awareness of the Kenyan
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Negotiation Learning Journal 1. Facts: Provide a brief overview of key events (How was the time allocated? Offers: opening-offer and counter-offer‚ as well as progression of offers? How was information exchanged? Were there pivotal turning points?) Since I’m the one who is selling the service station‚ so I suggest that I make the first offer. First offer I made was $1‚000‚000 because my target is $800‚000 and also I told her the reasons why I think the station is worth that amount of money
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Introduction: The negotiation is a process where two parts make a deal to satisfy the interests or needs of each other. We are going to analyze how and when to negotiate. To guide ourselves with this topic‚ we are going to use the method of Harvard that consists in seven steps. Harvard method: 1) Interests 2) Alternatives 3) Options 4) Legitimacy 5) Communication 6) Relationship 7) Compromise We are going to analyze the seven steps and also we are going to show
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PAPER – CONTRACT 1 Define contract. Explain the essentials of valid contract. A voluntary‚ deliberate‚ and legally binding agreement between two or more competent parties. Contracts are usually written but may be spoken or implied‚ and generally have to do with employment‚ sale or lease‚ or tenancy. 1. Essentials of a valid contract All agreements are not contracts. Only that agreements which is enforceable at law is a contract. An agreement which is enforceable at law cannot be contract. Thus
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Introduction: The question of whether contract law can absorb technological change without the need for distinctive guidelines‚ presuppositions or similar rules is highly dependent on the effects of the amendments to the Electronic Transactions Act 2000 (NSW) (“ETA”). The impact of the ETA on traditional common law principles varies depending on the level of certainty and predictability available in the circumstances and how the law applies. The suitable amount of consistency is likely to vary
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