A good commercial contract is both a springboard and a safety net -- it provides the opportunity to expand and grow your business, but also to protect it if things go wrong. In a tough commercial world, getting the best deal you can is paramount.
A good commercial contract is both a springboard and a safety net -- it provides the opportunity to expand and grow your business, but also to protect it if things go wrong. In a tough commercial world, getting the best deal you can is paramount.
Damian Ward is a partner in Home Wilkinson Lowry, an Australia-wide commercial law firm. Damian has written extensively about contract preparation and negotiation, and has a monthly column in Managing Information Strategies (MIS) magazine. Throughout his career, Damian has assisted countless clients to resolve disputes arising from contracts.
Inhaltsangabe
About the author v Introduction vii Part I - The contractual environment 1 Springboard and safety net 3 2 Contracts - what are they? 13 Part II - Doing the deal 3 Preparing to do the deal 69 4 Negotiating - doing the deal 91 5 Terms of contracts to keep an eye on 100 6 Traps for the seller - pitfalls in negotiations 130 7 The telltale signs of the overseller - buyer beware 147 8 The 'red zones' 159 Part III - The relationship ends 9 In the contract 167 10 What happens if the contract is breached? 179 11 All good things come to an end - termination of contracts 190 12 Things ended badly - how you know you are in a dispute 194 13 Making peace early 217 14 Getting help to fi x the problem - but the warring parties decide 223 15 Getting help to fi x the problem - someone else decides 234 16 Preparing for battle - getting ready for the hearing 244 17 Preparing the case for hearing 247 18 In summing up 270 Appendix: The cheat sheet 272 Glossary 275 Index 279
About the author v Introduction vii Part I - The contractual environment 1 Springboard and safety net 3 2 Contracts - what are they? 13 Part II - Doing the deal 3 Preparing to do the deal 69 4 Negotiating - doing the deal 91 5 Terms of contracts to keep an eye on 100 6 Traps for the seller - pitfalls in negotiations 130 7 The telltale signs of the overseller - buyer beware 147 8 The 'red zones' 159 Part III - The relationship ends 9 In the contract 167 10 What happens if the contract is breached? 179 11 All good things come to an end - termination of contracts 190 12 Things ended badly - how you know you are in a dispute 194 13 Making peace early 217 14 Getting help to fi x the problem - but the warring parties decide 223 15 Getting help to fi x the problem - someone else decides 234 16 Preparing for battle - getting ready for the hearing 244 17 Preparing the case for hearing 247 18 In summing up 270 Appendix: The cheat sheet 272 Glossary 275 Index 279
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