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Excerpt from Essay:
Managed Treatment Organizations: Fundamentals of Discussing and Contracting
Managed care organizations, and corporations generally, have legal departments or perhaps law firms that zealously symbolize their passions. Consequently, in the managed proper care environment, professionals need to be lawfully savvy when it comes to negotiation and contracting. Primary of this operate writing would be the negotiating and contracting in the managed care setting.
3 Basic Elements of a Contract
The entire U. T. economy is dependent on “the liberty of individuals to contract and a system of law that enforces legal agreements freely entered into. ” (Oilek, 2011) An agreement is defined as “a voluntary, planned and lawfully binding arrangement between two or proficient parties. Contracts are usually crafted but might be spoken or implied, and generally have to do with employment, sale or rental, or tenancy. ” (Business Directory, 2011) There are three very basic and intensely essential factors to a contract that is legal and enforceable. Those three basic components are stated to be the pursuing:
(1) The offer;
(2) Consideration for the exchange (or payment); and (3) Acceptance. (Oilek, 2011)
Not necessarily necessary for legal jargon to get used in the organization of a contract and no particular words must be used. There must only be because previously stated “an present by a single side and an popularity of the offer by the person to whom the offer was made. ” (Oilek, 2011)
II. Stages of Negotiation and Areas of Matter
The deal negotiation process involves the parties for the contract arriving at an agreement about the details of the agreements that are under contract. For example , the cost or account is 1 factor in an agreement. Other factors, and a lot of of them considered, as areas for concern are the ones from:
(1) Price/charge
(2) Payment
(3) Limit of the liability
(4) Bills
(5) Indemnification
(6) Drawback or end of contract in terms of trigger or convenience;
(7) Support levels, guarantees;
(8) Organization continuity and disaster restoration;
(9) Confidential information and protection of information. (Upside Computer software, 2011)
3. Implications of a Contract that Contains Provisions pertaining to Performance of Illegal Activities
According to a single source evaluated in this analyze, the material conditions of a agreement must be legal if the agreement is to be held as valid. Specifically stated is as comes after: “any legal agreements containing materials provisions that are not legal, including provisions
