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negotiating contracts

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-What is the relevance of the fact that the parties negotiated at length for the supply contract and both were represented by competent counsel? Would the result have been the same if AVX had been a much less sophisticated and powerful party who, perhaps, was not represented by counsel in the negotiations?

-In light of the Cabot case, what lesson(s) did you learn about the perils of negotiating contracts? How will this help you in future business dealings?

http://caselaw.findlaw.com/us-1st-circuit/1205834.html

Not necessarily has to be this website as long as is this case :

AVX CORPORATION AVX v. CABOT CORPORATION.

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Negotiating contracts is discussed very comprehensively in this explanation.

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What is the relevance of the fact that the parties negotiated at length for the supply contract and both were represented by competent counsel?

The relevance of the fact that the parties negotiated at length for the supply contract and both were represented by competent counsel means that both AVX and Cabot understood the implications of the terms of the contract and willingly entered into the agreement. If the agreement was against the interest of AVX, then AVX should have refused to enter into the contract. The fact that both were represented by competent ...

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Hatim Baxamusa, MBA
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  • MBA, Eastern Institute for Integrated Learning in Management
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