The fundamental objective of the contracts that many companies conclude today is to maximize the value of long-term relationships and not individual transactions (at least where the resources of our profession are widely used). So it`s about the relationship and how the contract (and its day-to-day management) can support it. It is more about cultural adjustment, integrity and internal and inter-agency power dynamics than about the quality of the treaty itself. Art, I appreciate your thoughts. As you know from our days with IBM, I agree with your point of view. One of the most difficult parts is of course the definition of a “fari balance of risk” and perhaps the most important thing is to learn to reconcile legal interests with economic interests (because they are not equal). As a result, a better understanding – and methods – for evaluation – of the cost-effectiveness of the agreement has become increasingly important. Today, for example, many customers feel that they need more flexibility and introduce breakpoints or short-term agreements. I understand why they want to do it; At the same time, many contracts require significant pre-investment from the supplier and it can take several years to achieve positive financial returns. Such circumstances require joint financial modelling so that the needs and aspirations of both parties can be based on a solid and understood basis.

If you wish to offer standard form contracts, you should not include clauses considered abusive. This could include concepts: contracts and agreements are important for the business for all sizes of the company. In previous decades, there have been few written business contracts, and many commercial and personal transactions have been cut off. If there is a problem, both parties could take the matter to court and a judge would hear the case, even if the contract was not concluded in writing. In some U.S. states, e-mail exchanges have become binding contracts. In 2016, the New York courts ruled that the principles of real estate contracts applied to both electronic communications and electronic signatures, provided that “their content and subscription meet all applicable status requirements” and in accordance with the Electronic Signatures and Records Act (ESRA). [21] [22] Many contracts include more than one economic resource; z.B. The sale and application of fertilizer in this case involves both the purchase of personal property (the product) and the rental of the service of an independent contractor.