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Welcome to “Law 101: Hints & Issues.”

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Issue #9: Contract Hints & Legal Issues: September 2022

Contract Negotiation 101: Limitation of Liability

1. Based on the below verbiage, what type of contract are you agreeing to? 

If you participate in this course/lesson, you agree that Raymond G. Husum doing business as ESL Legal Academy is the Copyright Owner of this lesson.

Correct, a  Unitlateral Agreement.

2. What is the number one rule for negotiations?

Practice continuously because as you know, Practice Makes Perfect

3. In contract negotiations, who will most likely want to change a provision/clause/term of an agreement?


4. If a vendee/buyer sent you their agreement to purchase your good or service, would you use it? Most likely not.

4A. Why not?

Because the seller’s agreement will most likely be germane to the industry, or in other words consider the relevant legal issues, infrastructure and/or specifications, and customs of the industry.

5. Should the vendor/seller’s negotiator push back on using a buyer’s agreement?


6. Is there any time, that a seller should negotiate the buyer’s agreement?

Yes, when the value of the deal would justify doing so.

7. Do you know how to redline a document? See Lesson.

8. Do you know what Battle of the Formats means? See Lesson

9. What is Limitation of Liability?

Liability is a legal responsibility for paying money for damage or injury. Limitation thereof is a company's attempt to limit their liability to another party.

10. Do you know what an Element in Contention (EIC) is?

An EIC is a phrase/word within a sentence of a provision that is to be negotiated.

10A. What are the EIC in the below provision. See Lesson

11. Did a vendor or vendee draft the below provision? See Lesson

12. What Negotiating Strategy would you use to negotiate the below provision?

To see our negotiating strategy, click through our power point presentation. During the lesson, you can be either the provider/seller/vendor or recipient/buyer/vendee of a good of service.

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