Welcome to “Law 101: Hints & Issues.”
See below PowerPoint lesson on how to negotiate a Service Agreement vs. Sale of Goods Agreement.
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Issue #12: Contract Hints & Legal Issues: November 2022
Contract Negotiation 101: Service Agreement vs. Sale of Goods Agreement
1. Based on the below verbiage, what type of contract are you agreeing to?
In the event you as an individual or entity, continue past this slide and/or participate in this course, you agree that Raymond G. Husum doing business as ESL Legal Academy: (1) is the Copyright Owner of this lesson and recording thereof, including, but not limited to, use of your likeness, and (2) grants you a license to use it, provided, however, such license terminates upon termination of this lesson.
Answer = Unilateral Agreement
2. What is the number one rule for negotiations?
Answer = Practice makes Perfect!
3. In contract negotiations, who will most likely want to change a provision/clause/term of an agreement?
Answer = Buyer
4. Do you know what an Element in Contention (EIC) is?
Answer = An EIC is a word, provision or legal subject matter that must be negotiated and agreed upon by the parties before negotiations may conclude.
4A. What are/is the EIC in this negotiation? See Lesson.
5. Do you know how to redline a document?
Answer: Redlining in Microsoft Word is a feature that enables users to remove, add or edit text within a Word document, with the changes marked up in red.
6. Do you know what Battle of the Formats means?
Answer: Battle of the Formats is the fight to use a specific document format over another. For example, a contract as a PDF is harder to edit than one as a Word Document.
7. Do you know what Battle of the Forms means? See Lesson.
8. Does the Uniform Commercial Code (U.C.C.) mention Software? See Lesson.
9. In U.S.A., what test(s) are used determine if the agreement is for a service or sale of a good? See Lesson.
10. In U.S.A., what does first-sale doctrine/right of first sale/first sale rule mean?
Answer: The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. The right to distribute ends, however, once the owner has sold that particular copy. See 17 U.S.C. § 109(a) & (c).
11. What Negotiating Strategy would you use to convince the other party you are providing a service, not a sale of a good?
To see our negotiating strategy, please Left Click on your mouse for best viewing. Otherwise, you can use Arrows at bottom of PowerPoint Presentation to proceed through lesson. Find a colleague for this lesson. During the lesson, you can be either the provider/seller/vendor or recipient/buyer/vendee of a good of service.