Negotiations in India

This paper presents my reflections on the Negotiations: Strategy and practice coursework in the MBA program at Said Business School, University of Oxford. My paper will present various reflections on different themes of negotiation simulation undertaken by me during the course. This course has allowed investigating and reflecting on key drivers of negotiation techniques for me. I have learned that transparency and coalition are the core tenet of negotiation for me. For the purpose of this reflective exercise, I will conduct a comparative analysis of the process, dynamics and outcomes based on the themes such as negotiation styles, bargaining zones, power, emotion, coalitions, value claiming vs value creation etc. for the below-mentioned simulations:

10.  When does risk of loss pass in a sale of goods that does not involve a common carrier or a bailment?

Conditions that must be met for a transfer of receivables to be accounted for a sale are as follows:

19. Receipts must be written for each amount received but they may be retained in the receipt book unless the payment is made in cash or the payer requests the receipt be given to them

When the negotiable instruments the holder-in-due course occurs when the payment is still obligated under the contract from the drawer and is the holder of the promisory note or check. The promisory is a promise of good faith and when there is a disqualification the holder is the one still entitled to the responsibility of payment. For example, if the terms are because of late payments, damaged goods, or overdrawn fees the institution is still able to collect the money along with any fees associated (Negotiable Instruments & Banks, 2013).

Uniform Commercial Code, § 3-410; Dziurak v Chase Manhattan, 58 A.D.2d 103, supra; Matter of Bank of United States [O'Neill], supra was used to highlight the banks primary obligation to issue payment on demand for a cashier’s check since a cashier’s check is drawn by a bank and accepted in advance based on the act of issuance. Additionally, Subdivision (1) of section 4-303 of the UCC states that the payor bank cannot terminate, suspend, or modify the banks duty to pay an item or charge a customer’s account if notice is given without reasonable time for the bank to act on behalf of the notice expires or if the bank has accepted or terminated the item, which applies to the personal check that was cashed by the plaintiff. Furthermore, the Plaintiff’s request for the plaintiff to pay attorney fees was denied based on Klein v Sharp,41 AD 2d 926 which determined that attorney fees will not be imposed on the opposite party without the existence of a contract or statute that authorizes such

In contract law, under the Uniform Commercial Code (UCC), for businesses to complete the commercial transactions, negotiable instruments must be used. According to the law, the negotiable instruments are written or signed promises to pay a specified amount of money per the contract terms at a particular time (Miller & Hollowell, 2014). However, it must be determined if the instrument is, in fact, a negotiable instrument or nonnegotiable. According to UCC, the negotiable instrument can fall under two different categorize of which include orders to pay and promise to pay.

In this negotiation exercise, I was assigned as the Seaborne Governor’s negotiator as part of a six member party meeting to negotiate a deal with Harborco to build and operate a deepwater port off the coast of Seaborne. The Governor on the whole was very interested in seeing this deepwater port built in Seaborne as she believes that the size of the project would provide the stimulus for a dramatic recovery in the state.

Last fall, my wife and I put our home up for sale. Our motivation was simple, with the money we would get from the sale of our home we could pay off all our debt and have plenty of money left over to invest, eventually saving enough to buy a bigger home. Emboldened by the allure of liquidity I listed our home for sale and waited for the offers. Indeed the offers did come in, in fact over the next few months we were in and out of escrow three times.

Negtiation is a strategic process of reconciling differences in interest and coming to a mutual resolution through cooperation that is percieved fair for both of involved parties (Fells 2012). The negotiation that was analysed in the “Enterprise Agreement Negotiation Report,” demonstrates that negotiation is not an easy process nor its orderly, since it is the activity and not the segment that determines the phase of a negotiation.

In life there is always some type of give and take amongst others. Some exchange may be beneficial and some can be regretful. This is all the same with negotiation, either is to negotiate a divorces decree, price of a new home, or a NFL or NBA contract deal. The world today is full of negotiating situation in and can be executed at any given time. There two common characteristic of a negotiation or bargaining situation. Negotiating parties have separate but conflicting interest.

Explain each stage of the negotiation process and the role that culture plays in each stage. Give example to support your answer

Draft (or a bill of exchange): INVOLVES 3 PARTIES:  An unconditional written order to pay by which the party creating the draft (the drawer) orders another party (the drawee), typically a bank, to pay money to a third party (the payee) -- e.g., a check.

Negotiating is something that has been around since the beginning of mankind. We all start off negotiating as little kids, even for little things such as candy and toys. When we grow up, negotiating becomes sort of the norm. We negotiate consciously and subconsciously every single day. When you think about it, negotiation takes up most of our lives. We are always trying to see what we can get as a benefit without giving up much. It always comes down to the pie, how big is the pie and who can get the biggest slice. As we become adults with careers, there are ever some that become flat our ‘Negotiators’. This means that all they do for a living is negotiate. They are master negotiators and are praised for being so. When it comes to negotiation, persuasion is also within that talent. You have to be able to get what you want from people without them feeling like they are being taken advantage of and that they are also getting just as big a piece of the pie as you are getting, although in reality they are not.

7.Payment of Money only:- There must be a promise to pay only money and not other consideration, e.g. “I promise to pay B a sum of Rs. 50,000 and deliver him my Scorpio Car’’ is not valid.