A good commercial contract is both a springboard and a safety net -- it provides the opportunity to expand and grow your business, but also to protect it if things go wrong. In a tough commercial world, getting the best deal you can is paramount.
The Contract Negotiation Handbook demystifies complex legal principles so that busy businesspeople can quickly and easily digest them. With clear, practical examples and case studies to help illustrate and explain different types of contracts and contractual situations, this comprehensive handbook will help you:
prepare for negotiations and identify contractual terms
make sure you have covered the 'springboard and the safety net' -- combining the appealing and less appealing aspects of contracts
identify the type of negotiator that your counter party is and how that affects your negotiations
develop an overview of contract law
devise a negotiation strategy
identify whether you are in a contractual dispute
prepare for and acquire the best result out of any contractual dispute.
Table of Contents
- About the Author
Part I: The Contractual Environment
Chapter 1: Springboard and Safety Net
- Optimism is a Good Thing in a Negotiation
- How the Contract will Give Your Business Bounce
- Sometimes Even the Most Skilled of Highwire Artists Slip!
- Working Out the Difference between Springboard and Safety Net Terms
- So what Does This Mean?
- The Two Levels of the Safety Net
- Two Sides of the Coin
- Who can Enter into a Contract?
- Being a Party to a Contract — what Does this Mean?
Chapter 2: Contracts — what are they?
- Doing Deals — the Stuff of Life
- The Contract Tree
- What is a Contract?
- Types of Contracts
- Are all Contracts Equal?
- What are the Elements of a Contract?
- From Blurry to Precise — the Evolution of Contracts
- Now I am in the Contract, When Do I have to Start Performing It?
- But we didn’t have a Deal —I didn’t Agree to That!
- That Document doesn’t Reflect what we Agreed —how do I Fix It?
- I am not Happy — how do I Get Out?
- The Contract is Terminated — what does this Mean?
- I Know it’s not a Fair Contract but they Agreed to It!
- What are Illegal Contracts?
- Horses for Courses — Types of Contracts
- The Majesty of Master Agreements
- This is a Bad Deal — how do I Save Myself?
- But they are Just Standard Terms!
- The Hot Tips
- Chapter 1: Springboard and Safety Net
Part II: Doing the Deal
- Chapter 3: Preparing to do the Deal
- Chapter 4: Negotiating — doing the Deal
Chapter 5: Terms of Contracts to Keep an Eye On
- If it is in There, it is Important
- Conditions Precedent Clause
- Variation Clause
- Entire Agreement Clause
- Governing Law Clauses
- Joint and Several Liability Clauses
- Dispute Resolution Clauses
- Fundamental Terms Clause
- Successors and Assigns
- Variation Clause
- Force Majeure
- Restraint of Trade or Competition
- Exclusion of Warranties
- Statement of no Infringement of Third Party Rights
- Liquidated Damages Clause
- Further Assurance
- Other Clauses
- Chapter 6: Traps for the Seller — Pitfalls in Negotiations
Chapter 7: The Telltale Signs of the Overseller — Buyer Beware
- They Talk the Talk — where is the Walk?
- The Talk and the Reality Don’t Match
- I believe what You Tell Me, but I Still want to See the Paperwork
- Fast with the Mouth, Slow with the Pen
- We don’t Provide Warranties — Company Policy
- Dealing in Broad Brush Strokes — the Big Picture People
- These are Our Standard Terms and Conditions
- Chapter 8: The ‘red Zones’
Part III: The Relationship Ends
- Chapter 9: In the Contract
- Chapter 10: What Happens if the Contract is Breached?
- Chapter 11: All Good Things Come to an End — Termination of Contracts
- Chapter 12: Things Ended Badly — How You Know You are in a Dispute
- Chapter 13: Making Peace Early
- Chapter 14: Getting Help to Fix the Problem — but the Warring Parties Decide
- Chapter 15: Getting Help to Fix the Problem — Someone Else Decides
- Chapter 16: Preparing for Battle — Getting Ready for the Hearing
- Chapter 17: Preparing the Case for Hearing
- Chapter 18: In Summing Up
- Appendix: The Cheat Sheet
- Title: Contract Negotiation Handbook: Getting the Most Out of Commercial Deals
- Release date: September 2011
- Publisher(s): Wrightbooks
- ISBN: 9780731407200