In his inaugural address, delivered in 1961, President John F. Kennedy said, “Let us never negotiate out of fear. But let us never fear to negotiate.” Of course, the negotiations to which President Kennedy was referring involved the United States working with other countries toward finding peaceful solutions to disputes.
But negotiations are a common part of forming business agreements as well. And seen through the prism of business, President Kennedy’s words still resonate. Think of the manner in which you may approach negotiating a contract with a potential business partner. On the whole, both parties should want to work toward an agreement that puts them on equal footing. That is the essence of a contract after all: two sides making and keeping promises in order to achieve something of mutual benefit.
But sometimes one party may attempt to aggressively negotiate terms that create an inequitable situation, placing the other party at a decided disadvantage. How could such a thing happen? Well, it is possible that one side could negotiate from a position of fear, which could be brought on due to feeling insecure about their position. Once the other party senses this fear, they are likely to believe they can get what they want by applying the right amount of pressure.
But this kind of bullying can also occur after a contract has been signed. An aggressive party may attempt to breach a contract in the belief that the other party lacks the fortitude to have the agreement enforced.
If you should ever have the misfortune of dealing with a business partner who refuses to honor a contract, you have options regarding the manner in which you can respond. At Warren Gammill & Associates, we have experience interpreting contract language and contract law and can provide assistance to our clients who are attempting to resolve their disputes. Please feel free to look over the pages on this website to see the variety of business-related legal services we offer.