Offer, negotiating

After completing discovery, a case may move to negotiations among parties. The defendant may offer compensation. The plaintiff may make a counter-offe- or accept the initial offer. Negotiations may involve computations for such factors as the value of intermption or loss of employment, anticipated future expenses, and pain and suffering. If the parties agree... 

Once the successful bidder is selected, it is still possible to request corrective actions and additional terms through contract negotiation. There are occasionally situations where a contractual term cannot be negotiated with the first selection and the next candidate is offered the toll contract. Chapter 3, Mutual Agreements, Obligations, and Contract Considerations addresses this topic in more detail. 

Whether or not you have submitted a formal tender, any offer you make in response to a requirement is a kind of tender. Where a customer s needs are stated and you offer your product, you are implying that it responds to your customer s stated needs. You need to ensure that your tender is compatible with your customer s needs otherwise the customer may claim you have sold a product that is not fit for purpose . If the product or service you offer is in any way different than the requirement, you need to point this out to your customer in your tender or in negotiations and reach agreement. Always record the differences in the contract. Don t rely on verbal agreements as they can be conveniently forgotten when it suits one party or the other. 

Be creative Early closure and criticism stifle creative thinking. Be willing to set some time aside to explore different and unusual ways to solve your problem. During this time, do not permit criticism of ideas offered. All negotiations can benefit from nonjudgmental creative thinking. 

A carbon tax would offer a broader scope for emission reductions [10]. A system of tradable permits entails significant transaction costs, which include search costs, such as fees paid to brokers or exchange institutions to find trading partners negotiating costs approval costs and insurance costs. Conversely, taxes involve little transaction cost over all stages of their lifetime. 

Secretary Morgenthau being needed urgently in Washington, he left by plane. I remained in London to negotiate the Hungarian offer. After I spoke to our Ambassador, John Winant, he decided to see Anthony Eden, the British Foreign Secretary. 

Salary Master is an independent company that represents IT professionals during salary negotiations. The company s website (www.salarymaster.com) offers a collection of articles and information for people looking to determine what they re worth as an employee in a high-tech field. 

During the negotiation process, always let the employer make the first offer. Once an offer is made, never accept it on the spot. Tell the employer you need at least several hours or a full day to consider the offer. If you know an employer is doing well financially and is desperate to fill the position you re qualified to fill, you will have the advantage in a salary negotiation. 

It is an excellent maxim always to consider the situation from the complainant s point of view and if the product is clearly at fault then an apology should be offered this often serves to disarm a complainant expecting to do battle. Note, however, that admitting liability should be avoided as it restricts negotiations if legal proceedings ensue and may invalidate liability insurance. 

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