Are you negotiating contracts ? Do you know how to avoid liability during negotiations ?
You could find yourself not only bound in contract but liable for representations made during negotiations even if you have not signed an agreement or even written the agreement out.
So how can you avoid liability during negotiations ? How does this situation work in your jurisdiction.
Leave your comments below.
According to Fisher and Ury in their book ‘Getting to Yes’, there are three major problems in communication.
- People may not be talking to each other. Frequently, when parties are disputing, they have given up on talking to each other and no longer trying to attempt any serious communication.
- People do not pay enough attention to what other people are saying. This leads to misunderstandings which are compounded not only by different languages but also cultures.
So what is the solution ?
Fisher & Ury talk about active listening. Active listening involves acknowledging what has been said and question your assumptions. Understanding is not agreeing but you need to demonstrate to the other side that you understand their point of view, and this will in turn make them open to listening to your point of view.
This reciprocity is hoped will lead to maximizing your chances of having a constructive solution to the problem.
Written by #Sofia Parastatidou (copyright and all other rights reserved).
For further details of our negotiation classes send an email to firstname.lastname@example.org or fill in the form below.
For details of our upcoming writing courses for professionals send an email to email@example.com or fill in the form below.
“Theory is when you know everything and nothing works; practice is when everything works and you don’t know why!”
The TOLES Advanced Exam requires little or no knowledge of British or American law but learners who do well at this level usually have a strong awareness of commercial realities when dealing with the UK and the USA. Commercial awareness is an essential skill when it comes to scoring well in the TOLES Advanced Exam and some background reading and knowledge of current events in the international legal market is vital. Extra material on best practice in the profession in key areas is highly recommended. The exam requires knowledge of essential, international legal terminology, a mastery of complex grammar and complete sensitivity to use of register in the following general areas:
- basic legal negotiations
- pre-contractual documents
- commercial contracts
- other forms of business
- bankruptcy and insolvency
- employment law and contracts
- the litigation process
- essential contract law
- the law of tort
- intellectual property
- real estate
- oral contracts
- an introduction to the common law
- letter writing skills
For further details complete the contact form below