English Commercial law - The discussion/ negotiation phase
In all but the simplest commercial transactions, a period of verbal or written discussion precedes the signing of the contract. Several variables, such as whether this is the first time the parties have worked with one another, the nature of the contract, and whether or not the parties are utilizing standard terms and conditions, will affect the length and complexity of the negotiations (and the accompanying documentation). The only conversations in a straightforward sale of goods agreement might be a discussion of quantity and price, but in many agreements, negotiations will be more involved. Whatever the length of the negotiations, the same challenges and issues may come again. It can be challenging to determine precisely when the parties have progressed from discussion to contract completion and whether or not unwelcome provisions have been "accidentally" added to the contract when multiple offers have been made and rejected or countered with counteroffers. To avoid this, every paperwork should be closely scrutinized throughout the negotiation process.
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