Search results

...service; as to which see below — goes without saying: you may perform your contract through the agency of someone else. As long as that someone does what you h ...cially contemplated, does not have the technical effect of discharging the contract, ask ''what is the counterparty’s loss'' that it might sue you for?

{{a|contract|}}{{Loan service agent capsule}} ...ntation, as is common for [[trust and agency professional|trust and agency service providers]] tend to be needlessly convoluted and, rather like [[legal opini

{{a|negotiation|{{subtable|{{process service rule 6.11}}}}}}{{process agent capsule}} ...rritorial waters. Process agents are standard in {{tag|English law}} {{tag|contract}}s with overseas counterparties.

...ontract and is no longer bound by it. The '''transferee''' steps in to the contract and assumes all the transferor’s obligations. The '''remaining party''' s ...'' to a third person without its counterparty’s permission (as long as the contract does not forbid it); however, it cannot unilaterally assign its '''[[obliga

...tion|}}According to orthodoxy, the unit {{wasteprov|cost}} of personnel in contract [[negotiation]] is one of the key expenses to be smooshed. The obvious way ...prov|Outsourcing}}''': Find a third party service provider to whom you can contract the [[negotiation]] job, who in practice will do both.

...s and are prudently connected to a network competent [[sub-custodian]]s, [[service-provider]]s and [[agent]]s so that, notwithstanding the skillfully negotiat ...your legal adviser, is specifically not be regulated to advise you on your contract (and, being the person on the other side of it, inherently [[conflict of in

...sured, and your remedies and [[Penalty clause|penalties]] should agreed-on service levels not be achieved. Conventional wisdom: ''It is a critical component of any [[vendor]] contract.''

{{a|contract|}}The act of unilaterally passing your [[right]]s, but not your [[obligatio ...rparty]]’s consent (broadly speaking, why should she care?), unless your [[contract]] states that you cannot, in which case you cannot.

{{a|contract|}}[[Legal eagle]]s will expend megawatts of intellectual energy scoping out ...and apply to the parties but are not relevant to the subject matter of the contract

...ntractual disputes - or those [[arising out of or in connection with]] the contract, [[relating to]] can quite serviceably deputise for this dismal phrase.

{{a|contract| ...s|/ɪgˈzɛmpləri ˈdæmɪʤɪz/|n|}} [''Only for civil wrongs not governed by a [[contract]]'']

*'''[[Legal]] isn’t a [[letter]]-reading service'''. You are employed by a regulated financial institution. By having even g *'''[[Legal]] isn’t a [[contract]] signing service'''. If you want to do the crime, sign for it. If you don’t understand the

{{a|contract| ...its internal return by how close to the naked minimum requirements of its contract it can swoop without shipping formal complaint.

...y]] I ''owe'' you, because we have entered some [[contract]] for a good or service, and [[money]] I ''hold for'' you, because some ''other'' random, who owed

# '''Create constancy of purpose''': to improve products and service, be competitive and stay in business. ...o ease adaptability.</ref> for any one item, on a long-term [[Relationship contract|relationship]] of loyalty and trust.

{{def|Affidavit of service|/ˌafɪˈdeɪvɪt ɒv ˈsəːvɪs/|n|}} ...need to be suitably present of mind to work out how to validly [[effect]] service in a way that will satisfy any court who might subsequently be asked to adj

...irst line of defence. (Your [[copyright]] — which is not a function of a [[contract]] — is). ...recipient’s ability to create/derive new [[intellectual property]] by {{t|contract}}, and it is fair to do so.

*{{wasteprov|Outsourcing}}: Contract work out to third party service providers who may manage their own resources in lower cost jurisdictions, b *{{wasteprov|Outsourcing}} will (but you will pay for this through your service fee; but the outsourcer is incentivised to locate itself in the cheapest po

}}{{d|Relationship contract|/rɪˈleɪʃᵊnʃɪp/ /ˈkɒntrækt/|n|}} ...mmit either party to any transaction in particular. It is a [[Relationship contract|framework agreement]], describing an ''architecture'' within which the part

Thus, their technical contract [[rider]] [''a “[[service level agreement]]” to you and me. — Ed''] read like a phone book [''A ...aranteed you’re going to arrive at a technical error. They didn’t read the contract. Guaranteed you’d run into a problem. Sometimes it would threaten to just

But it almost certainly ''won’t'' be heralded by [[chatbot]]s, [[contract review tool]]s or [[document assembly]], however much the [[COO]] might wis ...said CEO is spending more time with her family and her damehood for public service.</ref>

{{a|contract|}}{{specific performance capsule}} ...cash, of the house you promised to build me — but less so for for personal service contracts where bleeding-heart liberal types — and let’s face it, the w

====Limiting liability in contract==== ...[Rent-seeking|extract rent]], and with the another deny liability for the “service” they provided beyond the “value” of the rent they extracted, and the

...you expect counterparties to promptly advise you of ''their'' [[breach of contract]] to ''you''. ...don’t admit you’re in [[breach of contract]], ''you will be in [[breach of contract]]''. Can anyone see the problem here?

If ''one'' aspect of my {{t|contract}} becomes, through the machinations of the steampunk state, illegal, what d {{Quote|“a [[contract]] which obliges its participants to do illegal things is void: unenforceabl

...les on the MiFID-regulated [[Investment services and activities|investment service]] of [[dealing on own account]], the related de minimis threshold test, and ...rivatives]] is a regulated [[Investment services and activities|investment service]], with, in Article {{mifid2prov|2(1)(j)}}, some exceptions, buried amongst

...rn [[legal eagles]] is not ''[[service delivery]]'', but ''[[Legal service|service]]'' itself. ...of pointless ''rutting''. And it is hard to [[rentsmith]] without a “host” contract. To do it, the [[Rentsmith|rentsmithor]] must find a new host agreement, or

...t]]s, right-shoring, [[outsourcing]] — take an existing legal process (say contract [[negotiation]]) and try to enhance it by substituting cheaper, faster, com *For the [[meatware]] you acquire service provider contracts, [[SLA]]s, overseas offices in Romania, Belfast and Ban

...m our “understanding the implications of {{t|behavioural science}} for {{t|contract}} {{t|negotiation}}” series — it is a short series at present — comes ...on of ever asking about your employees’ personal investments. Once the {{t|contract}} is safely [[Wet signature|inked]] and put away, no one will give it anoth

==== Ignorance-as-a-service ==== ...do customers routinely pay and then expect — even hope for — no product or service in return? Well, there is one broad category: [[insurance]] contracts. Prod

...on a counterparty takes which justifies the innocent party terminating the contract ''under its terms'', [[close out|closing out]] open transactions, and raini ===Not (quite) the same as a fundamental breach of contract===

...is an app with lots of pie charts and performance graphs”.}}}}As a special service, the JC is tracking the [[legaltechbros]] he knows about. This comes, at fi ...-five firms offer the ''same'' contract generation and document management service. ''They will not all survive''.

...me of the mistaken payment, the debt in question was not yet due under the contract. ..., and it is no enormous deal if one is not paid the instant one delivers a service.

..., “look how fertile I am! I can insist on this transparently idiotic legal contract and people still sign it! It is absurd along every conceivable dimension, y ...in wide use). Hence: “Hi I would like to pitch you my new [[software as a service]] offering, which can intelligently automate your entire legal operations p

Of the range of valid means of performing a [[contract]], the one that will cost you the least and irritate your customer the most So where a contract can be fully understood in monetary terms, expect the parties to do the utt

[[File:Argos catalog.jpg|450px|frameless|center|A [[service catalog]] yesterday. Argos recently got rid of them, interestingly.]] ...f his”. Yet these activities, and ones like them that also won’t be in the service catalog, occupy the lion’s share of a modern professional’s working lif

...ent'' of legal process, with a view to ''optimising their outcome''. Legal service is not like delivering pizza. No one cares about the ''box''. ...hed to the fuselage? You only need life-rafts once you crash. If the legal service delivery providers do their jobs properly, the plane shouldn’t crash.

...“[[leverage]]” when she means “[[use]]” — all these deteriorations in the service of a descent towards the same fate we all share: a lifetime nosing boulders ...e [[credit department]] policy that requires [[cross default]] in a [[spot contract]]; the [[clearing house]] which demands an unlimited [[indemnity]] for loss

When drafting a contract, avoid expressing yourself in a way that will feel, to opponents, like a po ...ion, which many legal eagles cannot, to define every variable term in your contract. The simply appearance of a definition - the brackets, quotes, and bold —

...stems — the philosopher-kings of [[operations]] who have transcended the [[service line]] will wheel out a strategic remediation initiative, every 18 months o ===[[Relationship contract]]s===

...[[credit default swap]]s that they should not be mistaken for [[insurance contract]]s. Dealers in [[equity swap]]s wish them to be not considered [[stamp duty ...shakes and invent elliptical ways of describing mundane things, all in the service of ''not uttering inconvenient realities''.

...ation does: the impermeable division of responsibilities rendered by the [[service catalog]] and a mature practice of [[Downgrading|down-skilling]] will have

...l by legal contract]], {{tag|broker}}s, {{tag|custodian}}s and other {{tag|service provider}}s in the financial markets are often sent “authorised signatory

{{image|Bank contract envy|png|Some finance contract envy, yesterday.}} }}{{d|Finance contract|/faɪˈnæns ˈkɒntrækt/|n|}}

...he amount of the decrease in the price of the stock during the life of the contract if the price goes down. ...charged on the transaction. Accordingly,to avoid market exposure on a swap contract, the Counterparties themselves purchased the stock underlying the swap.

...ware-as-a-service]]'' ''because the software is so good you don’t need any service''. ...l harness that training, repackage it and sell it to other clients as the “service” the software is providing. This is an excellent [[chiz]], by the way: ch

...where [[client money]] does ''not'' apply''': ''Because you owe it under a contract.'' ...your counterparty to look after it for you, in connection with some other service — {{fcaprov|designated investment business}} for example (there are many

3a. Without being obliged to contract, clearing members and clients which provide clearing services, whether dire Under the [[EMIR refit]], [[clearing member]]s and service providers (in ESMA’s terms, “CSP”s), must “offer and provide cleari

{{a|negotiation|}}It is tempting to view “contract risk” as a single, integrated, unitary thing that manifests evenly as a f Contract negotiation lawyers tend to be more consequence-agnostic than they need to

*'''[[Software as a service]]:''' The simple answer to the question [[why is reg tech so disappointing? Take the [[contract negotiation]] process: it features a bunch of [[Stakeholder|stakeholders]]

...egards as a “commodity” any service, right or interest for which a futures contract exists, or could exist in the future. The CEA classifies commodities into

{{d|Software as a service|/ˈsɒftweər əz ə ˈsɜːvɪs/|n|}} ...nt-seeking]]'' to the poor sods who have it imposed on them, software as a service is the disguised ''re''intermediation of a function by a tool purportedly t

===Contract analysis or data extraction?=== ===[[Contract review tool]]s===

...contract) dispense with [[boilerplate]]. Avoid [[Finance contract|finance contract envy]]. Do you need all those reps? [[Entire agreement]]? [[Counterparts]] ...d liabilities; (iii) certain amounts owing to the Agents and the Corporate Service Provider; (iv) fees of the Disposal Agent, Calculation Agent and/or Collate

...ns, and those who enjoy irony, will notice how, in equating the value of a service to the net amount of labour it requires — or in this case “saves”, th ...erstructure of piecemeal salutary conditionality in her head. Nowadays, [[contract]]s can be infinitely, infinitesimally varied and endlessly customised. One

...iti was, like all corporate service providers, providing an administrative service, for which it received a nugatory fee and — so it thought — took nugato '''As principal''': If Citi acted as a principal, then no debt was due, no contract existed, and we would look at common law principles of [[unjust enrichment]

We are surprised that so magisterial an authority on contract phrasing should struggle with this idea. That is what contracts are for: t ...your agent has it, it is out of your hands and beyond [[privity]] of the contract. All other things being equal the discloser cannot sue ''your agent'' for m

*Contract negotiation ...ng services that do a serviceable job, rather than displacing them. Eg KYC service providers, legal resources (ClauseStack) ISDA libraries etc.

...breakdown of the contract process as Alex describes it, mapped against the contract tech landscape, as we find it. ...nt, [[document assembly]], [[document automation]], [[contract review]], [[contract approval]] and [[digital execution]] — you would expect this, as they are

====Service providers==== Especially where you are dealing with investment banks as corporate service providers, you may see this sort of clause:

}}A counterfactual proposition which ought to be put in service more often than it is, in defence of simple language and resistance of [[fl ...ounterpart should wilfully misconstrue the plain but general language of a contract. The difficulty of resisting this sort of passive-aggressive logic is artic

...tors of affiliates? Joint ventures? Professional advisers and fiduciaries? Service providers? Is an permanent employee, when walking her dog at the weekend, p ...engines. It is what they do: they ''spawn''. They combine to create {{tag|contract}}s. The contracts have variations in them. Good contracts that are fit for

...t and non-negotiable, being a simple and effective allocation of risk by a service provider who gets paid a pittance and otherwise does not share in the fruit ...customer will not see the funny side of this. It will not matter that the contract is clear: your customer will rightly say it had little choice: your lawyers

...power of affiliation dawns on the founders of the dozens interchangeable [[contract automation]] tools and they pool resources, expertise and clients, then an ...f replacement for the meatware, but dumb machinery to be used by it in the service of what the meatware has always done: ineffably mastering the ineffable.

...n-linear]] and [[unpredictable]]. We do not yet know where we are going. A contract which tries to anticipate and codify the future only ''ossifies'' it: in pr ...''may''? Or, for that matter, ''vice versa''?<ref>Much more likely, [[the contract is silent|it ''won’t'' say you ''can’t'',]] which doesn’t really help

...than the prevailing market rate for years to come; in some cases the IRHP contract terms extended well beyond the period of the underlying loan. ...t. But as a general proposition, fixing an interest rate you can afford to service given the general ebb and flow of your revenue, is your best bet.

...eople [[Internal audit|auditing]] and monitoring [[Service level agreement|service-level agreements]] and [[Key performance indicator|key performance indicato ...cts that aren’t particularly high risk increasingly suffer from “[[Finance contract|banking envy]]”.

...position, performance, reporting line, holiday entitlement, sick-leave, [[service catalog]], objectives. All of that work you do: the subtle analysis, the ad ...ail, ride a bike, or play a musical instrument or ''negotiate a commercial contract''. You could spend as much time as you like with textbooks, but you will ne