Reduction of conflict through contract terms

Sahin Sengul, E ORCID: 0000-0002-4741-2171 (2023) Reduction of conflict through contract terms. In: Asos Congress 9th International Symposium on Law, 24 - 26 May 2023, Eskisehir, Turkey.

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The issue of contractual disputes is one of the most significant issues that parties to a contract confront while drafting and fulfilling contracts. Even the most painstakingly crafted contract terms may contain words and provisions that give rise to a conflict between the parties concerned. While it is typical for parties to a contact to disagree, this disagreement can grow if left uncontrolled. The resolution of contractual conflicts requires a legal procedure to be carried out, i.e. litigation and arbitration. However, disagreements not only harm business relationships and their reputations but also are costly, risky and time-consuming to resolve via litigation and arbitration. Still negotiators continue to focus largely on how to manage the repercussions of a breach, failure, or disagreement rather than how to prevent them from occurring or procedures that may drive contract compliance or renegotiation in order to achieve the parties’ main goals by contract performance. It would always be more effective and efficient if the focus is shifted from legal issues and legally significant facts to the fundamental causes of possible disputes and conflicts. This presentation firstly argues that one of the goals of contract law should be the reduction of conflict and by doing so the contract minimises the amount of time, effort, and resources wasted on disagreements as well as the incidence of harm caused by these disputes. Then, the second part of the presentation deals with the ways in which this goal can be realised through the design of the contract between the parties.

Item Type: Conference or Workshop Item (Speech)
Keywords: conflict reduction, goals of contract law, contractual liability, contract terms
Subjects: K Law > K Law (General)
Divisions: Bath Business School
Date Deposited: 29 May 2024 15:59
Last Modified: 29 May 2024 15:59
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