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University of Michigan Law School

1994

Remedies

Legal Profession

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Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White Jan 1994

Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White

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In my experience, lawyers begin negotiating only after the business people have decided upon the description and quality of the product, the time of delivery, and the mode and amount of payment. The lawyers are left with the pathological problems--who gets what in case of trouble. Most of those problems relate to the seller's responsibility if the product does not conform to the contract or otherwise fails to please the buyer. These failures can cause economic loss to the buyer, economic loss to a remote purchaser, or personal injury or property damage to immediate or remote parties. Third parties ...