The purpose of this section is to identify the documentation that will be used for ensuring quality.
Objective to build legal relationship: Not all agreements end up in binding contracts that are backed by the court of law. This is due to the fact that not all agreements are made under strict or formal
An agreement means a consensus on at least those essential terms needed for a workable transaction. The process of reaching an agreement is generally analysed as involving an offer and acceptance. Where the offer is a clear indication of the terms upon which a person is prepared to be bound, and an acceptance is assenting to, agreeing, or
of the goals and objectives the organisation is trying to achieve in relation to customer
This agreement plainly relies on upon correspondence between the gatherings and composing, talked words, activities can be. The offer is a man who makes the offeror and offeree acknowledges the offer, the individual must be. It
2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract?
IN CONSIDERATION of the mutual promises exchanged by the parties as set forth herein, the parties intend to be legally bound and hereby agree as follows:
2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract?
Dawson (1995) has highlighted three critical factors to every negotiation4: 1) understanding of power, 2) information factor and 3) time element. But according to Brooks and Odiorne (1984, pp. 45 - 46), strategic planning, power skill and timing, constitute the agenda in successful negotiations5; in which, strategic planning is the key factor in shapes the dimensions, form and context of the negotiations. On the other hand, Mills (1990, pp. 177 - 179) and Scott (1981, pp. 89 - 90) has provides sixteen and eight different elements that contribute to negotiation success6 and enable two parties to negotiate towards agreement to theirs joint advantage7. As a whole, these conclude that in any negotiations, it is important to remember that both parties are working toward mutual satisfaction.
The MOU contained a requirement that its signatories were to use their “reasonable endeavours” to negotiate a GSA, and that each party must “work in good faith” to progress negotiations towards a concluded GSA, as well as a schedule which listed the key matters to be negotiated between the parties.
There will need to be give and take for there to be a resolution to the sticking points.
This proposal will outline and validate the impending document generally. First the general nature of the document will be discussed; then the ensuing proposal will be outlined.
The rehearsal will be conducted from the perspective of the opponent. The rehearsal will attempt to identify, in advance, and shortfalls of any arguments that the group will present. The rehearsal will address the needs of both parties and how these needs can be satisfied through mutual negotiation. Through the rehearsal, use of feedback regarding the opponent's position will be used extensively. The purpose of negotiation is to listen to each party's views and grievances. As such the rehearsal process will consist primarily of articulating the value proposition we can provide to our potential partner. Through articulating the value proposition, much care will be given to alleviating and addressing in negative sentiments the potential partner may have regarding the merit of our service. This will be crucial to success during the negotiation as a genuinely understanding of the opposition is required in order to appropriately address any issues that may arise.
The deal should ensure the following outcomes and should follow the steps mentioned in order to achieve them:
": (1) preparation; (2) establishment of negotiator identities and the tone for the interaction; (3) information exchange; (4) exchange of items to be divided; (5) closing the deal; and (6) maximizing the joint returns." (Craver, 2004)