Contents
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
The Two Levels of the Safety Net
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
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!
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!
Chapter 3: Preparing to do the Deal
What do I Need to do to Perform the Contract?
Can they Do what they Say they Can?
What ‘form of Life’ is your Counterparty?
Chapter 4: Negotiating — doing the Deal
Can I do a Deal? Drawing the Big Picture
Locking them in Before we are Signed, Sealed and delivered — do I Need To?
More than Joining the Dots — Final Wording
Chapter 5: Terms of Contracts to Keep an Eye On
If it is in There, it is Important
Joint and Several Liability Clauses
Restraint of Trade or Competition
Statement of no Infringement of Third Party Rights
Chapter 6: Traps for the Seller — Pitfalls in Negotiations
Misleading and Deceptive Conduct — what is it?
Talking the Talk — the Art of Selling
The Company and its People can be Liable
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
Part III: The Relationship Ends
Scorched Earther or a Relationship Developer?
Tears on the Pillow: Without Prejudice — Secret but Effective
Options — Keeping the Balls in the Air
So When do I Tell them there is a Problem?
Chapter 10: What Happens if the Contract is Breached?
Consequences for a Breach of Contract
But I can’t Perform the Contract Anymore — it’s not Possible
If I Breach the Contract are the Consequences the Same as if the Other Party Breaches?
Chapter 11: All Good Things Come to an End — Termination of Contracts
Termination of the Contract by a Party Under its Terms
Chapter 12: Things Ended Badly — How You Know You are in a Dispute
Two Views of the World When Only One will do — the Genesis of a Dispute
Maintaining the Secrecy of Your Communications
Chapter 13: Making Peace Early
If I Talk to Them I can Fix it — Straightforward Negotiation
Chapter 14: Getting Help to Fix the Problem — but the Warring Parties Decide
Everyone Needs a Little Help Sometimes
What are the Formal Rules of the Game?
Can we Settle After the Mediation?
Chapter 15: Getting Help to Fix the Problem — Someone Else Decides
What You Need to Decide Before You Decide!
Chapter 16: Preparing for Battle — Getting Ready for the Hearing
Chapter 17: Preparing the Case for Hearing
Stage 1: Starting the Dispute — Statement of Claim
Stage 3: Cross or Counter Claim
Stage 5: Telling the Tale — Affidavits and Statements