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Pathclearer: A more commercial approach to commercial contracts? Nov 2012, London

Empower Generation
by

steven weatherley

on 12 December 2014

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Transcript of Pathclearer: A more commercial approach to commercial contracts? Nov 2012, London

Legal Team Away Days The End. Legal Straitjacket 11 9 Pros: Benefits of Pathclearer in S&N 8 7 Legal Risk Maps 3
Record the terms of deals What do contracts actually do? 10 Risky, because it lacks certainty.

Relies on market power – no good for small businesses.

Difficult to explain to clients what their contract is.

Relies on general law, yet general law changes while contracts remain intact. Cons 12


Thanks for listening Any comments or questions? 6 Example of Pathclearer – Distribution Agreement Building blocks of Pathclearer 5 Legal Issues, not words No Duration Sue the B***ards syndrome Three little pigs... The problems with detailed contracts War is Hell...
and Litigation is war! Not an insurance
policy Certainty is illusory
- the Oracle Legal straightjackets and
Butterfly Catching Snowed under
and snow blind Lawyers usurp the business-people Key Legal Issues:
1. French company - governing law
and jurisdiction
2. IP rights assignment or licence needed
3. TUPE indemnity needed? Commercial
Affinity
General Law Pathclearer:
A more commercial approach
to commercial contracts? Running Order Steve Weatherley
Nov 2012 1. What do contracts actually do? 2. Problems with detailed contracts 3. How does Pathclearer work? 4. Pathclearer examples 5. Using Legal Risk Maps 6. Pros and Cons of Pathclearer 7. Comments and Questions Contracts regulate 2 aspects:
Incidents
Ongoing relationships Create legally enforceable rights to ensure an organisation gets the deal it agreed on Are lawyers institutionalised? Are there other ways to ensure a business gets the deal it agreed on? Do businesses really benefit from “contracting best practice"? Should clients challenge us more about the cost:benefit of contracts? Most negotiated clauses…(IACCM) Most negotiated clauses…(IACCM) Either party can terminate this agreement
at any time by giving the other [60] days notice in writing.
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