Contract Negotiation

Contract Negotiation
Contract Negotiation ACM 397 Contract Negotiation The section of the book that I found most informative and took the most out of was Part 1,
Chapters 1–5. Part 1 covers the nature of negotiation, preparation of negotiations, distributive bargaining, integrative negotiation, and closing deals.
Negotiation is a process in which individuals with differing viewpoints work together to come up with a solution that can work for both parties.
Negotiation is a huge part of our everyday live. It is also one of the most effective means of decision making. Conflicts arise constantly and people
deal with them in all sorts of ways from legal actions to going to war. These conflicts can be anything from what's for breakfast to a custody battle.
...show more content...
Distributive bargaining is one of the more competitive strategies of negotiating used to win. Distributive bargaining is often used when goals are in
the fundamental conflict, relationships are not priority, resources are fixed or limited, and trust and cooperation are lacking. Position is one of the
most important factors in distributive bargaining, sometimes called positional bargaining. Position is used as a strategy to try to persuade the other
party to settle at or near their reservation price. Knowing your BATNA and making it the best possible is important in this strategy to use as
bargaining power over the other party. Hardball tactics such as good cop–bad cop and intimidation are used to persuade the other party. Distributive
bargaining strategy is one of the many reasons why it is important to research and know the other party as well as yourself. Integrative negotiation is
another less competitive strategy used in the negotiation process. This way allows both parties to work together and contribute to the negotiation to
decide the best possible outcome so both parties are winning. Integrative negotiation is used when goals are not the fundamental conflict, relationships
are high priority, resources are not limited, and trust and cooperation does exist. Two main tactics used in this type of negotiation is removing the
person from the problem and to focus on interest. Interests include the tangible and intangible
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Elements of Contract Essay
A contract is a legally binding exchange of promises or agreement between parties that the law enforce. It does not prescribe the rights and
obligations of the parties. A contract does not need to be in writing to be enforceable. We will evaluate the offer, acceptance, and legal consideration.
Written A written contract clearly communicates the details of the deal in writing. Also it eliminates doubt that it exists which is what has to proven
in a verbal contract. Written contracts can come in the form of proposals, invoices and warranties. Contracts are entered into daily by individuals and
companies that are providing goods and services. Being in Healthcare service industries, companies bid on hospital RFP's (Request for Proposal...show
more content...
David R. Koepsell (2000) raises the question, "where are contracts negotiated when they are negotiated in cyberspace?" Verbal When I decided to
attend Ashford University, I signed an agreement to pay for classes. We will examine the elements of the contract by analyzing the offer,
acceptance, and legal consideration. Over 24 month ago, I received a verbal job offer to relocate to Atlanta Ga. The initial offer was not a good
offer for my family and I, so I rejected it and presented a counteroffer. A counteroffer an offer made in response to a previous offer by the other
party during negotiations for a final contract. Offer An offer sets the terms and conditions of the contract. One of the most important features of a
contract is the offer. This is where one party makes an offer and the other person accepts. While in High School, I was offered a college scholarship
to play football. The coach made me an offer that would provide me an opportunity to play football and receive my degree. The scholarship was
worth more than $100k which includes room and board, meals and fees. After the visiting the University, I signed the contract to attend the University
and play football. Acceptance An express act or implication by conduct that manifests sent to the terms of an offer in a manner invited or required by
the offers so that a binding contract is formed. In the world of boxing, an athlete is offered a multimillion dollar fight contract under

Contract Analysis Essay
Contract Analysis
Sophia Jones
BUSI 561
July 19, 2015
Carolyn Dragseth
Contract Analysis Case Study
In this paper an attempted analysis is made to answer the following questions from both a legal and spiritual perspective: What should be done about
continuing doing business with Marshall? If you elect to stop doing business with Marshall, what legal causes of action might he bring against your
company, what damages or remedies might he seek, and what legal defenses might your company have? Also, if you stop doing business with
Marshall, what are the potential impacts on Marshall's continued exploration of his faith? What biblical options are available for resolving your
disputes with Marshall?
Most people are committed to doing the...show more content...
He may also feel that the contact was breached and he is owed restitution. Marshall in this disagreement should first attempt to resolve this dispute
without pursuing any legal action. He could use his faith and biblical teachings, to show errors of ways. He could argue the contract unenforceable
due to fraud and inept execution, if he must rely on legal relief. The business relationship is best suited to be served also. The common law duty is to
always act in good faith. Good faith performance is an implied agreement in nearly every contract in American common law jurisdictions (Burton,
1980). In the contract in question the promise was made, upholding an expectation of receiving the terms agreed upon in the contract. The issue is
to act in good faith or to enforce the law. Marshall can secure not only supply, price, but also control of the benefits earned by his supplier. From a
legal aspect, Marshall has acted in bad faith. A minor capacity to sign a contract is the bad faith act on Marshall's part. Marshall received a signature
on a contract from a seventeen year old minor in which he hopes to enforce. From a legal standpoint, minors have a limited ability to enter into
contracts. The seventeen year old minor employee can void the contract he signed at any time. Minors have the option to do this because of laws made
to protect them

Contracts Essay
CONTRACTS ESSAY QUESTION ONE Peter v. Don The issue with the situation concerning Peter v. Don would be if Peter has an enforceable
contract. To have an enforceable contract Peter will need to prove that all elements of an enforceable contract were in place. These elements under the
common law requirement include an offer, mutual assent, an acceptance of that offer by a competent person, the intention for the contract to be
legally binding and consideration. Offer: An offer exists if a party "promises to do or refrain from doing some specified thing in the future
conditioned on the other party's acceptance". Don's initial advertisement that ran in the Daily News can be viewed as an offer since he was specific
with his price and...show more content...
If a court determines that these are valid means of a revocation than Peter would have no grounds to accept Don's offer nor have grounds to
proceed with an action against Don. For this particular situation, the ad that was run was not the original offer. Peter visiting the nursing home and
asking Don if he "Would be willing" would have been the offer. Since Don was aware of who made the offer, Don should have contacted Peter
directly and notified him that the nursing home was full. With regards to the sign being posted in the lobby, Peter was aware of the notice, but did
not believe that it had applied to him, as he believed that his father was already accepted as a resident. Since Peter was now aware of the
revocation of the notice this would constitute a non enforceable contract if Don's offer was freely revocable. Rule: Uniform Commercial Code
Article 2 allows for offers without consideration; however, this is not a contract for the sale of goods. Therefore, with this contract consideration
would be needed. Common law requires that consideration must be in place for a contract to be considered binding, but it also will allow for an
offer to be revoked under promissory estoppel. Promissory estoppel allows for a promise to be revoked if the promisor induces an action to the
promissee. The promissee must be substantially relying on the promise by the promisor. Acceptance: Under

Elements of a Contract Essay
Elements of a Contract Bus 670 Legal Environment Abstract In order for a contract to be valid, it must meet certain standards. Contracts can be
formed by two parties for multiple reasons, but must hold up to the same standards in court to be valid. The first element of the contract is the offer.
The offer is very important because it is where the contract initializes, and is presented to the offeree by the offeror (Mallor et al., 2010, p. 307). The
second element is acceptance. In this stage, the offeree has the chance to accept or deny the offer (Mallor et al., 2010, p. 325). The final element of a
valid contract is legal consideration. Consideration basically means both parties must have agreed to something for the contract...show more content...
If this is the case, and no specifics were given about how much the item costs, then it is only leading up to an offer, that may be formed, but is not
yet an offer (Mallor et al., 2010, p. 309). The last requirement of an offer revolves around whether or not the offer has been communicated to the
offeree (Mallor et al., 2010, p. 313). If the offeror has not yet communicated an offer, then it is likely he has not yet decided to enter into a binding
agreement (Mallor et al., 2010, p. 313). To put the offer portion in every day terms, a wedding planner example is to be used. A wedding planner,
who is party number one, offers her wedding services to an engaged couple, party number two (Contract Basis: Part One, 2011). The offer is what is
considered to be the wedding planners' expression of willingness to enter into a contract on the terms that have been stated (Contract Basis: Part One,
2011). This is with the intention the contract terms will become binding. At this point, the offer is put into a written contract that is prepared by party
number one. This contract displays all the contract terms agreed upon by both parties (Contract Basis: Part One, 2011). Acceptance Acceptance of an
offer occurs when the party who is answering the offer, agrees by either a statement or an act (Elements of a Contract, n.d.). Three evident factors go
into determining if an offeree accepted an offer, which resulted in a contract

Unfair Term in a Contract Essay examples
Unfair Term in a Contract After the Treaty of Maastricht, the European Community made a directive on Unfair Terms in Consumer Contracts 1993.
This instructed member states to pass domestic legislation to provide consumer protection. As a result, the UK Government made the Unfair Terms in
Consumer Contracts Regulations 1994 which have now been replaced by the Unfair Terms in Consumer Contracts Regulations 1999. The main aim of
the new regulations is for UK Law to be drafted more closely to the wording of the European Legislation, to help prevent discrepancies between the
two. The principle change from the 1994 regulations and the 1999 regulations are simply that more...show more content...
The earlier list, referred to clauses which enabled a business to alter unilaterally the contract terms without a valid reason being specified in the
contract. This was then qualified to exclude changes in interest rates in contracts with a supplier of financial services. This exception has now been
removed, so that consumers have a better chance of challenging the fairness of a clause in a contract for the provision of financial services.3 The
1999 Regulations does not have a list of factors which are to be taken into account when assessing the issue of good faith or unfairness which is
present in the 1994 Regulations. The 1999 Regulations simply say that the fairness of a term is decided in the light of the circumstances at the time
of making the contract. As stated in Reg 5 for a term to be deemed unfair, the significant imbalance it generates must be contrary to good faith. Good
faith is likely to require that contracting parties deal with each other in an open and honest way, taking into account their relative bargaining skills.4 In
the case of Interfoto Picture Library Ltd V Stiletto Visual Programmes Ltd 1989, [1988] 1 All ER 348, Bingham LJ5 summarised the position. Most
legal systems outside the common law enforce an overriding principle that parties should act in good faith when making and carrying out contracts.
This does

Essay about Contract Law
Contract Law A contract, by definition, is an agreement by two or more parties, which is intended to be legally binding and supported by consideration.
All contracts must have these three elements present for it to qualify as a proper contract in the eyes of the law: offer and acceptance, consideration,
and intent to create legal relations. First, we will examine the first part of what constitutes a contract, the offer and acceptance. An offer is a statement
said from the offeror to the offeree stating that he would like to formulate a contract between the two parties. The offer must include something
specific, and which has value, either monetary or otherwise between the parties. An offer must...show more content...
An agreement is not enforceable unless the parties intended it to be legally binding. For contracts to be binding, they must adhere to this rule. This is
because contracts are very serious business, and one must not go into them fool heartedly. There are however presumptions regarding this element.
First, it is understood that domestic agreements cannot have intent to create legal relations, unless expressively said. Families are an institution and
they must be kept sacred and not be bothered with the legalities of court proceedings. There are however some exceptions to this rule. For instance,
the case of Merritt vs. Merritt shows that there could be intention if both parties expressively showed it. Since the husband signed the paper that
contained the terms of the contract, this was deemed to be legal, and thus a contract between the two was formed. This was done when the husband
signed the paper promising what he had said. It is also understood that in a commercial agreement, the intent is automatic. This is evident in the case
of Carlill vs. Carbolic Smoke Ball Co. In an advertisement, Carbolic Smoke Ball Co. stated that if anyone caught the common cold after buy and
using the smoke balls as directed, they would give 100 Г‚ВЈ. The company then deposited 1,000 Г‚ВЈ in a bank to show their seriousness. Carlill used
the product and was not cured, then sued the company. The company's

Discharge of a Contract Essay
Discharge of a Contract There are four ways in which a contract may be discharged. Г Agreement. Г Performance. Г Frustration. Г Breach. 1.
DISCHARGE BY AGREEMENT. A contract can be discharged in precisely the same way it was formed. Notice that there must be consideration
from both sides. 2. DISCHARGE BY PERFORMANCE. Complete and proper performance will discharge both parties. The original rule was that
performance must be precise and exact. Re Moore & Co Ltd and Landauer & Co [1921] 2 KB 519. A contract was drawn up for the sale of tinned fruit
stating that the tins were to be packed 30 tins to a case. When the goods arrived,...show more content...
The underpinning of a wall was 2ft thick instead of 4ft, four inch solid columns had been used instead of 5 inch hollow ones and the joists over the
bay window were not bolted as stipulated. The cost of remedying these "defects" was ВЈ80. Hoenig v Isaacs [1952] 2 ALL ER 176. An interior
decorator contracted to refurbish a flat for ВЈ750. The defendant had paid ВЈ400 in advance, but then refused to pay the outstanding ВЈ350 arguing
that the design and workmanship were defective. The court agreed that there were problems but that these would cost ВЈ56 to remedy. Bolton v
Mahadeva [1972] 1 WLR 1009. A contractor agreed to install a central heating system for ВЈ560. When the work was done, it was found that it was
unable to heat the house properly and emitted fumes. The cost of repair was ВЈ174. The claimant sued for the contract price less this cost of repair. (b)
Partial Performance. The usual rule is that if one party only partially performs the contract, he is not entitled to recover anything. However, he may be
entitled to remuneration if the innocent party accepts partial performance. This doctrine of partial performance however applies only if the innocent
party has a genuine choice either to accept or reject partial performance. Sumpter v Hedges [1898] 1 QB 673. Sumpter agreed to erect certain

Essay about A Contract
A Contract Beatson, in Anson's Law of contract, defines a contract as 'A legally binding agreement made between two or more persons, by which
rights are acquired by one or more to acts or forbearances on the part of the other or others.'[1] In simpler terms a contract is an agreement made
between two or more parties who intend that the agreement will be legally binding. The essential elements of a contract are, offer, acceptance, intention
to create legal relations, capacity, form and legality.
For a contract to be valid there must be an agreement and an offer between the two parties
In...show more content...
Julia reply's that the item is not a sale item and she refuses to sell the item to roger for ВЈ25.
The sign displayed was an 'invitation to treat', were Lord Parker stated:
'It is clear according to the ordinary law of contract that the display of an article with a price on it in a shop window is merely an invitation to treat. It
is in no sense an offer for sale, the acceptance of which constitutes a contract.'[2]
In the above case for a contract to take place there must be an offer and an acceptance. It is clear that Electrical World was not making the offer,
where customers have been invited to make offers, an invitation to treat. It is obvious that the sign Roger saw, which stated 'last few sale items all
ВЈ25 or less' was an invitation to treat. It is clear in the case that Roger was making the offer by taking the item to the counter, with an intention to pay
ВЈ25, so Roger made an offer as he took the item to the counter, so Roger is the offeree. And the sale assistance Julia is the offeror on behalf of
Electrical World.
Julia made a counter offer[3] by destroying Rogers offer. Julia destroyed the offer when she requested ВЈ75, and Roger refused to pay. This rejection
was in the response of a different price, instead of the price that Roger

Essay on Contracting
Entering and contracting
Entering and contracting are the initial steps taken in the OD process, and is considered by many as one the most important steps of the process. The
entering and contracting step will be utilized to set the pace and lay the foundation for the practitioner client relationship. They involve a preliminary
evaluation of the organization's opportunities for development, while establishing a collaborative relationship between the OD practitioner and the
members of the client system. A majorcomponent of entering and contracting is to make a good decision about how to carry out the OD process. The
contract allows the parties involved to explicitly set the direction of the project and how the process will take place....show more content...
In order to effectively carry out the collection duties, the OD practitioner must have already established a foundational relationship
Data collection is important because it is one of the initial opportunities for the OD practitioner to interface and work with the entire client system. This
will also be where the OD practitioner begins to personally experience the organizational problems.
Diagnostic
Diagnosing organizations is the first major milestone on the road to organizational recovery. When done well, it clearly points the organization and the
OD practitioner toward a set of appropriate intervention activities that will improve organization effectiveness. Diagnosis is the process of
understanding a system's current functioning and taking the pertinent data collected about the current operations, analyzing it and drawing conclusions
for potential improvement. When done effectively, diagnosing provides a systematic knowledge of the organization needed to design the needed
interventions. In the diagnostic and data phases, we get justification on behalf of the OD practitioner for the in following areas:
1. The reasoning behind why colleting, analyzing diagnosing data is mission critical
2. Clarification of who hire the OD practitioner and why we should trust each other.
3. How we can help each

Law of Contract Essay
Law of Contract A contract is a legally binding enforceable agreement between two or more parties. Where an issue of a breach of contract arises in
court, the court has to decide whether or not a contract has been made. To do this they must establish whether an offer has been made or whether it was
simply an invitation to treat. If an offer has been made the courts must then look to establish whether there has been an acceptance.
An offer is a statement of willingness by one party to enter into a contract on certain terms made with the intention that it shall become binding on
acceptance. Whereas an invitation to treat is an expression of willingness...show more content...
[1955] 2 QBD 327, and it is received at the place where the offeror happens to be. This comes from the case of Brinkibon Ltd v Stahag Stahl [1983] 2
AC 34. As there was no paper in the fax machine, Jason never received this bid meaning that acceptance has not taken place.
At 10am on the 23rd November Martin handed a bid of ВЈ25,000 into the store. This acceptance was communicated by his conduct, that is, he handed
in the bid to the store. This was established as a valid method of acceptance in the case of Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256. This
acceptance was brought to the attention of the offeror and Jason is aware of the acceptance.
David phoned Jason and left a message on his answering machine making a counter offer. A counter offer rejects the original offer and introduces
new terms to the proposed contract which is then capable of acceptance or rejection. This principle is illustrated in the case of Hyde v Wrench (1840)
3 Beav 334. There is a general rule in acceptance that acceptance must be communicated to the offeror and is only validly communicated when it is
brought to the intention of the offeror. David stated that if he did not hear anything from Jason he would assume he accepted the

construction contract Essays
CPCCBC4003A Select and Prepare a Construction Contract Marking Comments Assignment 1 An excellent submission, Welcome to this subject, a
good start to this subject with this first assignment. My name is Cliff McSorley; I will be marking your assignments for this subject. Part 1 Good
analysis and detailed response to both parts of this question. This is quite a problematic question, it would be something you would most likely do
with the assistance of a solicitor, however you do need to be aware that changes to a contract is a difficult task and in my opinion always stick with the
tried and tested standard contacts. Contracts provided by industry association have been tried and tested in the courts over many years and...show more
content...
This time line would judge as what a reasonable time frame for carrying out a job would be. This would be judged on a job by job basis and things
like the detail, materials, ease of access and size of the work would all need to be taken into account. The contractor was seen to be progressing the
job at a reasonable rate in respect to his resources (eg. size of the company) throughout the construction process, failure to do so would be consider to
be a substantial breach of contract. e) in respect of clause **, knowingly providing documentary evidence containing an untrue statement. Well
answered. Part 3 1) Recommend two (2) different types of contracts for the following types of projects 2) Two well selected contracts, for each project.
3) Using your recommendations above propose what contract would you use and give reasons why for the following projects also identify statutory
and legislative requirements of using these contracts. Excellent choice and discussion again with very good explanations on why you have chosen each
contract and details of statutory and legislative requirements included to further justify your decisions 4) Describe the process of creating a contractual
situation from the point of submitting a Tender to signing a contract and identify each step using construction terminology. For each step also identify
using the legal terminology. Well stepped through with good details on legal terminology. An

Contracts Essay
Contracts
A contract is an agreement that is enforceable by law. Modern business could not exist without such contracts. Most business transactions involve
commitments to furnish goods, services, or real property; these commitments are usually in the form of contracts.
Use of the contract in business affairs ensures, to some extent, the performance of an agreement, for a party that breaks a contract may be sued in court
for the damages caused by the breach. Sometimes, however, a party that breaks a contract may be persuaded to make an out–of–court settlement, thus
saving the expense of legal proceedings.
A contract arises when an offer to make a contract is accepted. An offer contains a promise (for example, "I will pay...show more content...
Although each party must extend consideration to the other in order to form a contract, the value of the consideration need not be equal. Determining
how good a bargain is becomes the responsibility of the parties involved. Otherwise, the courts would be in the impossible position of having to
appraise the relative value of millions of promises made every year.
Competence
For a contract to be enforceable it must be between competent parties. A contract with a person who has been adjudicated insane is likely to be
declared void. A contract involving a minor––in most states of the United States a minor is now a person under 18––may be enforced or voided by the
minor, unless the contract is for necessities such as food, lodging, or medical services, in which case he or she may be held responsible for the
reasonable value of what was purchased. Persons suffering from a disability such as intoxication from drugs or liquor, or insane persons not
adjudicated insane, usually may void a contract if the other party knows or should have known of the disability and if the consideration received is
returnable.
Legality
The last requirement of a valid contract is that its provisions be legal. If a purported contract requires an illegal act, the result is a void contract.

Parties to an illegal contract have no standing in court. If one party receives money or property under an illegal contract, the other may not sue to
recover what was paid under the contract. Not only are

The Terms of a Contract Essay
The Terms of a Contract The terms of a contract identify the rights and obligations of each party under that contract. A contract is merely a collection
of terms – duties and rights and penalties, some of which may be in writing and some of which may be oral. Terms create contractual obligations for
breach of which an action lies. Terms may be either express or implied. Express terms. Express terms are those which are specifically agreed by the
parties. Implied terms. Implied terms are those which form part of the contract but they have not been specifically agreed between the parties during
the negotiations for that contract. Terms may be implied into the...show more content...
One clause stated that the hirer was liable to indemnify the owner against all expenses in connection with the use of the crane. The crane sank in
marshy ground with neither party to blame. The hirers claimed that the clause was inapplicable because it had been communicated after the contract
had been made and thus was not incorporated into the contract. (b) Terms implied by statute. Perhaps the most common example of terms being
implied by statute is provided by the Sale of Goods Act 1979. The provisions contained within s.12–15 relating to title, sale by description, satisfactory
quality, fitness for purpose and sale by sample are implied into every contract for the sale of goods where the seller sells in the course of business. (c)
Terms implied in fact. Terms may be implied because the very nature of the contract requires it or because the application of an objective test makes it
apparent that the parties must have intended it. It may be that its omission was a simple mistake or that both parties thought it so obvious that it did not
need to be stated. What is important is to ascertain the intention of the parties and the courts have developed two overlapping tests – the officious
bystander test and the business efficacy

Contract Negotiation

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