Basis and Scope of Liability for Damages Caused by Breaking-Off of Contract Negotiation

2018 ◽  
Vol 80 ◽  
pp. 105-139
Author(s):  
Young-mok Park
Keyword(s):  
Al-Risalah ◽  
2018 ◽  
Vol 11 (01) ◽  
pp. 19
Author(s):  
Ratnasari Fajariyah Abidin

Mining is one of sources for the country and regional  incomes. That is why the presence of mining company truly helps  country and region / local developments. Renegotiation is based on  the Acts Number 4 year 2009 about Mineral and coal, of which  statements should be adjusted to the recent acts. The Bill Number  4 year 2009 stated that the mining conservation based on utility,  equality,  and  nationality.  The  creation‐contract  negotiation  has  strong law foundation, even though its content clashes with the  contract which already been signed. Renegotiation does not deny  the content of contract, but adaption of current condition and the  rules  of  certain  country.  It  is  impossible  to  keep  the  content  completely the same after long years because that condition will be  harmful for one side. Even worse that contract is full of political  and foreign needs as the main consideration


Author(s):  
Anthony Townley

Abstract Emails have become the institutionalised communication medium for many discourse activities in work contexts. Sociolinguistic research in this area has mainly focused on the textual and communicative conventions of emails, as defined by disciplinary cultures and practices. This study is the first to analyse the intertextual nature of email communication for commercial contract negotiation purposes, with a particular focus on the communicative function of embedded emails. This concept relates to a genre of email discourse, which embeds the meaning of a series of messages generated by different participants in response to the original email, hence the name ‘embedded emails’. This study uses discourse and genre analysis to examine how a geographically dispersed team of legal and business professionals in Europe exploited the dialogic nature of embedded emails to negotiate amendments to contracts pertaining to an international Merger & Acquisition (M&A) transaction in English. The findings of this study show that embedded emails facilitate transparent collaboration between the individual professionals, by enabling them to monitor the exchange of proposals and counter-proposals during the negotiation process. This documented ability to trace and participate in contract negotiation activities through intertextual chains of embedded email communication is a key feature of professional communicative competence.


2022 ◽  
Vol 55 (1) ◽  
pp. 183-191
Author(s):  
Eileen Dauer ◽  
Angela Lieser ◽  
Amanda Ressemann ◽  
Susan Koprek

2006 ◽  
Vol 43 (04) ◽  
pp. 180-184
Author(s):  
Dimitri G. Capaitzis

The choices and decisions involved in ordering a new ship are essentially entrepreneurial and culminate in the letter of intent based on financial and business considerations. The contract follows and covers the size, type, and quality of the ship, her construction, and eventually her operation. Drafting the builder/buyer contract is a major station in a shipbuilding venture and, although this paper mainly covers the contract negotiation, it relates by necessity to elements before and after contract finalization.


Author(s):  
Larbi Esmahi ◽  
Elarbi Badidi

The advancement in distributed and intelligent computing has facilitated the use of software agents for implementing e-services; most electronic market places offer their customers virtual agents that can do their bidding (i.e., eBay, onSale). E-transactions via shopping agents constitute a promising opportunity in the e-markets (Chen, Vahidov, & Kersten, 2004). It becomes relevant what kind of information and what kinds of bargain policies are used both by agents and by the market place. There are several steps for building e-business: (1) attracting the customer, (2) knowing how they buy, (3) making transactions, (4) perfecting orders, (5) giving effective customer service, (6) offering customers recourse for problems such as breakage or returns, and (7) providing a rapid conclusion such as electronic payment. In the distributed e-market paradigm, these functions are abstracted via agents representing both contractual parts. In recent years, many researchers in intelligent agents’ domain have focused on the design of market architectures for electronic commerce (Fikes, Engelmore, Farquhar, & Pratt, 1995; Schoop & Quix, 2001; Zwass, 1999), and on protocols governing the interaction of rational agents engaged in such transactions (Hogg & Jennings, 1997; Kersten & Lai, 2005). While providing support for direct agent interaction, existing architectures for multiagent virtual markets usually lack explicit facilities for handling negotiation protocols, since they do not provide such protocols as an integrated part of the framework. In this article we will discuss the problem of contract negotiation in e-marketplaces. In the next section, we will present related models commonly used to implement negotiation in e-markets, game theory models, auction models, and contract-net protocols. Then the following section continues with the presentation of a negotiation protocol based on dependency relations. We then present a negotiation strategy based on risk evaluation. The conclusion summarizes the article and paves the further way concerning the truth in the negotiation strategy and the use of temporal aspects on commitments and executions of contracts.


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