Terms The content of a contract are made up of terms (or ‘clauses’ as they are called in the case of written contracts) which may be express or implied. The express terms are the terms which the parties actually stipulated for themselves when making the contract‚ whether orally or in writing. In addition to the express terms‚ the courts sometimes‚ for a variety of reasons‚ imply certain terms into the contract. Implied terms are terms that are not expressly stated in the contract but are deemed to be
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Case 1 : The Negotiation Problem This case study shows how two parties can find a successful negotiation resolution by tackling the issues in a creative and mutually beneficial manner. | One of the biggest stumbling blocks encountered by a negotiator is to clearly understand the real issues as the root cause and basis for the negotiation in the first place. All too many times‚ negotiators take insufficient time to clearly identify and frame the problem or issues to be resolved and negotiated
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“Freedom of contract is the bedrock of English private law” Freedom of contract is defined as the: “Right of an adult to make a legally binding mutual agreement with one or more other persons‚ without governmental interference as to what type of obligations he or she can take upon himself or herself.”[1] English law has for a while now been known as believing in freedom of contract. This means that the state has not‚ normally‚ enforced legislation which has got in the way when it comes to the
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relative strength can be measured by whether people walk away thinking they would be pleased to negotiate again with him/her. If people leave a negotiation with you thinking they never want to see you again‚ then you are a poor negotiator. A negotiator needs to understand that different issues should be treated as having different priorities in different negotiations. Sometimes the relationship is most important; other times creativity is the measure of how well one negotiates; and it is always true that
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factual-inductive style has persuasive appeals made to logic (e.g. typical in North American negotiations)‚ the axiomaticdeductive style appeals to ideals (e.g. typical in the former USSR) and the affective-intuitive style focuses on emotional appeals (e.g. typical in Arab countries). Other studies have shown that persuasive tactics are consistent across countries‚ such as the use of aggressive tactics present in US negotiation behavior There are essentially two strategies to bargaining: representational and
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The Role of Power in Negotiation Power: It has received this reputation because most people associate the word with one side dominating or overpowering the other. I define power as the ability to influence people or situations. With this definition‚ power is neither good nor bad. It is the abuse of power that is bad. Interpersonal Power French and Raven (1959:150-167) suggested five interpersonal bases of power that are important to negotiators. • Legitimate power • Reward
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A contract intends to formalize an agreement of two or more parties‚ in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property‚ the terms of employment or of an independent contractor relationship‚ the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus
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GENERAL PRINCIPLES OF THE LAW OF CONTRACT INTRODUCTION Definition S.2(h) Contract Act 1950 : An agreement enforceable by law. Legally binding between parties. 2 INTRODUCTION (continue..) (a) (b) Legislation governing contracts: Contracts Act 1950 English Law - By virtue of S.5 of the Civil Law Act (When there are no provisions in the Contract Act) 3 INTRODUCTION (continue..) 4 OFFER / PROPOSAL Definition S. 2(a) Contracts Act “When one person signifies
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1. Voidable Contract: An agreement which is enforceable by law at the option of one or more of the parties thereto‚ but not at the option of the other or others‚ is a voidable contract. A contract is voidable when one of the parties to the contract has not exercised his free consent. One of the essential elements of a formation of a contract for example‚ free consent‚ is absent. All voidable contracts are those which are induced by coercion fraud or misrepresentation. The person whose consent is
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Essentials of Negotiations 1. Creating Value - Win-Win Negotiation 2. Claiming Value - Staying in Business! 3. Building Trust - Long-term sustainability Negotiations Sandtraps 1. Leaving Money on the table (Lose-Lose Negotiation) 2. Settling for too little (Winnerʼs Curse) 3. Walking away form the table 4. Settling for terms that are worse than the alternative (Agreement Bias) Why People are Ineffective Negotiators - Faulty Feedback - Satisficing - Self-reinforcing incompetence Negotiation Myths Myth
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