Showing 481–492 of 597 resultsSorted by latest
This Skill Bit shows that nonverbal communication is essential in negotiation, especially in intercultural contexts, where understanding and utilizing nonverbal cues are as crucial as verbal proficiency. It shapes rapport and trust, influencing negotiation outcomes. Body language, gestures, posture, facial expressions, eye contact, and touch all convey messages. Harmonizing verbal and nonverbal cues, being contextually…
This Skill Bit talks about how Meta-communication serves as the invisible framework shaping our interactions, transcending mere words to encompass how we communicate about communication itself. It involves a shared dialogue on the process, enabling deeper connections and smoother collaboration. Cultivating meta-communication involves self-awareness, practice, seeking feedback, and reflection. These skills are invaluable for relationship…
This Skill Bit shows that managing underperformance involves root cause analysis, open communication, performance improvement plans, and potential renegotiation. Addressing contractual issues requires tracking, escalation protocols, legal review when needed, and a collaborative problem-solving approach. Supplier performance review meetings offer a structured forum to discuss performance (KPIs), expectations, and issues. They improve communication, provide feedback,…
This Skill Bit shows that benchmarking in contract management compares performance against industry standards or competitors (internal, competitive, functional) to identify gaps, set targets, promote innovation, and enhance collaboration. Contract performance reviews involve regular assessments, objective evaluation, two-way communication, and documentation. They contribute to early issue identification, collaborative problem-solving, clear communication, and effective dispute resolution…
This Skill Bit talks about the Contract Management Framework (CMF), which establishes policies, governance structure, standardized processes, performance measurement, and continuous improvement for effective and measurable contract management. Contract performance management involves using scorecards, benchmarking, and reviews to track progress. Strategies address underperformance and contractual issues. Supplier review meetings and understanding common clauses are essential….
This Skill Bit talks about the 20th century, which witnessed a transformative evolution in contract law, with a surge in consumer protection measures and international legal harmonization. Consumer protection laws curtailed unfair terms and deceptive practices, safeguarding consumers from exploitation. Simultaneously, international trade saw the emergence of uniform frameworks like the CISG and UNIDROIT Principles,…
This Skill Bit shows that custom and practice are pivotal in interpreting and applying laws, notably in contract and labor law. These unwritten norms fill gaps in agreements, aid in interpreting ambiguous terms, and guide dispute resolution. Legal recognition depends on notoriety, reasonableness, and consistency. While beneficial, they pose challenges like disputes over applicability and…
This Skill Bit talks about how good faith, a fundamental principle in both civil and common law, guides parties’ conduct in legal contexts, ensuring honesty, fairness, and sincerity. In contract law, it influences negotiation, formation, performance, and enforcement stages, fostering ethical and equitable transactions. While civil law explicitly codifies good faith, common law increasingly acknowledges…
This Skill Bit explores the contrasting approaches to contract law between civil law and common law systems, highlighting their respective emphasis on principles like good faith and fairness in civil law, and consideration and formality in common law. It also discusses the evolving convergence between these legal traditions in recent years, aiming to achieve fairness…
This Skill Bit talks about how the 19th century brought key developments in contract law, especially in England and the U.S., shaped by the Industrial Revolution. England refined principles like freedom of contract and consideration, while statutory reforms addressed issues like the sale of goods. In the U.S., the push for uniformity led to the…
This Skill Bit shows, that during the Middle Ages and Renaissance, England’s contract law evolved from formalistic seal-based contracts to a flexible system accommodating informal agreements. Assumpsit, transforming from a remedy for trespass to a broader breach of promise remedy, marked this shift. The doctrine of consideration, established in the 16th and 17th centuries, required…
This Skill Bit shows how Civil law systems, predominant in Europe, Latin America, and parts of Asia and Africa, differ from common law in contract law. Rooted in Roman law, civil law relies on comprehensive legal codes like the French Code Civil and German BGB, emphasizing good faith and fairness in contracts. These codes promote…
