Matters Needing Attention In Concluding A Contract

1.

(1) the content is specific and definite; (2) it indicates that the offeree is bound by the expression of the intention, and (3) the offer shall have the principal part of the contract.

As a salesperson, if there is a desire to enter into a contract with others, it should issue qualified to others.

In this way, once the other party makes a promise to the offer, the contract between the two parties will be established.

If an offer is found to be problematic, the offer should be withdrawn in writing in time. Effective withdrawal of the offer should be reached before the offer or at the same time as the offer, so that the corresponding legal effect will be produced.

There are the following risks at the offer stage of the contract (1) to mistake the offer for the offer invitation; (2) the content of the offer is inappropriate; (3) the offer is withdrawn unreasonably; because the contract is declared to be established once the offer is committed by the other party, such a contract will be binding between the two parties if it does not violate the mandatory provisions of the law.

As a salesperson, when giving an offer to others, he must pay attention to the above three questions. Once the content of the offer is not considered clearly, or if he wants to sign a contract with others, he can write an offer which he can not accept or cannot accept, so that once the other party gives a promise, it may cause risks to the enterprise.

A promise is the intention of the offeree to agree to the offer, and the acceptance shall be made by notification. If the time of the acceptance is specified, the acceptance shall arrive within the time limit determined by the offer, and the acceptance notice shall be effective when it reaches the offeror, and the contract shall be established when the acceptance is effective.

It should be noted that the content of the commitment should be consistent with the offer and can not be changed materially.

As a salesperson, if he receives the offer from the other side, he should make a promise within the time limit promised by the other party, and do not make substantial changes to the offer.

At the stage of commitment, the legal risks are: (1) improper commitment; commitment must be made in writing; do not promise directly by way of behavior without writing promise, so as not to cause risks to oneself; (2) make new commitments, and produce such a reason, mainly in the process of commitment, making substantial changes to the offer of the other party, and even taking the new offer as a commitment, mistakenly assuming that the contract has been established, and finally, causing unnecessary losses to itself.

If a commitment is found to be unfavourable to oneself, a commitment should be withdrawn in time. The effective way to commit a withdrawal should be made in writing, and it will be effective until the promise reaches the other party.

Effective use of committed withdrawal rights can avoid many risks.

If the performance ability of the party can meet the requirements stipulated in the contract, it can be signed. Otherwise, the contract should be carefully considered. Many contract frauds are caused by a party who has seized the claim and made a claim to the other party after signing the contract over the carrying capacity.

After repeated contact with the client in the form of offer and commitment, the salesperson should learn to confirm the outcome of the negotiations in a clear and effective way as the basis for signing the formal contract between the two parties.

Generally speaking, after concluding the negotiations, the negotiation results should be confirmed in the form of memorandum of memorandum of negotiation and letter of intent in preparation for the formal signing of the contract.

When the instrument is confirmed, it should confirm the contents and write the time, place, parties, and negotiations. After that, it will be signed and sealed by the parties. In terms of legal effect, the letter of intent and the minutes of the negotiations should have the following characteristics: (1) in accordance with the contract law, if a party refuses to sign a formal contract without any justifiable reasons, it should bear the liability for culpa in the contract and compensate the other party for the losses caused by the contract. (2) these documents can sometimes play an important role in supplementing the formal contract, and the formal contract has no definite or definite agreement on the matters concerned, and the matter is indispensable to the performance or dispute handling of the contract. According to the provisions of the contract law, the relevant problems in the contract can be dealt with according to the contents recorded in these documents. Negotiations for production

(3) these instruments can sometimes explain the terms of the contract.

Since the two part of the letter of intent generally includes the terms of the judgment and the pending clause, the clause must be directly made into the terms of the contract. Therefore, it should be especially careful when deciding the terms of the contract in the letter of intent. Never assume that it is not a casual commitment to a formal contract, and avoid making an adverse effect when it comes to signing a formal contract. For the difference between the pending clause and the contract, it may affect the signing of the formal contract. Therefore, in the letter of intent, there should be a corresponding way of dealing with the situation that the formal contract can not be signed due to the fact that the pending clauses fail to reach agreement, so as to avoid unnecessary legal risks.

In the formal performance of the other party, we must first pay attention to whether the contract is established and effective. Before making any decision, do not assume the contract, so as not to cause losses to yourself.

The form of contract is in written form, oral form and other forms.

In addition to the delivery of the contract at the same time, the contract should be signed in writing. When signing a contract in the form of letters and data messages (including telegrams, telex, facsimile, electronic data interchange and e-mail), the contract must be written in the form of final confirmation, so as to avoid differences between the two parties in the performance process.

If a contract is concluded in writing by law or administrative regulations or the parties agree, it is necessary to conclude a contract in writing. Do not neglect such an agreement because of human maturity, because there are many legal risks hidden in it.

Of course, if the parties fail to adopt the written form, but the other party has already performed the main obligation, the other party accepts the contract, which is established and effective, but such behavior will bring many unnecessary risks and troubles to the enterprise and should be avoided as far as possible.

(1) agents, such as salesmen, have no right to surrogate and exceed the risk of agency.

If the actor does not have the right to agency, surpass the agency or terminate the agency right, he will conclude the contract in the name of the agent. If the relative has reason to believe that the actor has the right of agency, the agent acts effectively.

This agent is called agency by estoppel, which threatens many enterprises.

This is mainly reflected in the fact that the salesperson of an enterprise is away from the enterprise, because it has the power of attorney, the blank contract, the work permit and so on, which can make people feel that he is still the material of the enterprise employee. Then he uses these materials to sign the contract with others in the name of the enterprise. The other is that the employees in the enterprise have some materials in their hands, for the sake of personal interests and others to sign contracts, and finally the consequences of these contracts will be borne by the enterprises.

(2) the contract signed by a legal person or other organization's legal representative or person in charge beyond the limits of authority shall be effective unless the other party knows or should know his exceeding authority.

This means that the binding documents inside the company to the legal representative are not binding on the law, and the consequences should be borne by the enterprises. But there is a binding force between the enterprises and the legal representatives. Therefore, in the management of the company, when the authority of the legal representative is restricted, the responsibility of the legal representative should be clarified after breach of contract, so as to achieve the purpose of total restraint.

This is the risk arising from the legal representative.

The above two risks are mainly caused by loopholes in contract management. Strengthening contract management is an effective way to avoid such risks.