Master the talks and pass the pre-contractual phase
Identify the parties' behavior during the talks and avoid the pitfalls
• Reminder of negotiators' rights and obligations at the beginning of the talks: duty of information, duty of loyalty, duty of good faith.
• The obligation of advice and collaboration.
• The existence of commercial uses.
• The evaluation of the compensation of the damage in case of faulty break of the talks.
Case study: analysis of the parties' behavior during the talks and detection of those who could be sources of responsibility.
Master all the legal consequences of the different types of preliminary contracts
• Negotiate incidental commitments and preparatory commitments.
• Confidentiality commitments.
• Consequences of the conclusion of a Letter Of Intent (LOI) / Letter of Intent.
• The probative value of MOUs (Memorandum of Understanding).
• Measure the legal value of the preliminary contracts.
Application exercise: development of pre-contractual negotiation strategies.
Automagically translated from French
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