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{{ | {{a|negotiation|}}All too often a [[negotiator]] is told, by a [[risk controller]] seeking a preposterous term, “well [[I'm not going to die in a ditch about it]], but at least ''[[let’s give it a try]]''.” | ||
For example: | For example: | ||
{{box|You have, at [[credit]]'s insistence asked your client to [[indemnify]] you for your losses performing the {{tag|contract}}. But what standard of conduct must you display before claiming on the [[indemnity]]? | {{box|You have, at [[credit]]'s insistence asked your client to [[indemnify]] you for your losses performing the {{tag|contract}}. But what standard of conduct must you display before claiming on the [[indemnity]]? | ||
Your risk officer suggests exclude liability under the | Your risk officer suggests exclude liability under the [[indemnity]] where the loss arises as a result of our [[grossly negligent|''gross'' negligence]]. | ||
“'[[Gross negligence|''gross'' negligence]]? But surely no sensible client will accept that?” you say.<ref>Conventional wisdom has it that US counterparties will unblinkingly accept gross negligence standard. Which makes you wonder about conventional wisdom in [[US attorneyAmerica]]. But anyway.</ref> | “'[[Gross negligence|''gross'' negligence]]? But surely no sensible client will accept that?” you say.<ref>Conventional wisdom has it that US counterparties ''will'' unblinkingly accept gross negligence standard. Which makes you wonder about conventional wisdom in [[US attorneyAmerica]]. But anyway.</ref> | ||
Your risk officer shrugs. “Perhaps so”. But why don’t we [[give it a try]]? | Your risk officer shrugs. “Perhaps so”. But why don’t we [[give it a try]]? | ||