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Advanced Contract Law and Negotiation

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Added on  2023-04-07

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This assignment focuses on the legal contracts between HEALTHY PLC and MEDIQUIP Ltd., highlighting the clauses and associated risks.

Advanced Contract Law and Negotiation

   Added on 2023-04-07

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Running head: ADVANCED CONTRACT LAW AND NEGOTIATION
ADVANCED CONTRACT LAW AND NEGOTIATION
Name of the student:
Name of the university:
Author note:
Advanced Contract Law and Negotiation_1
1ADVANCED CONTRACT LAW AND NEGOTIATION
Introduction:
A contract is a legitimately enforceable settlement between two or more then two
groups where each undertakes a legal commitment that must be accomplished. There are
various daily life aspects which involves contracts, such as buying a property, selling
something and with it agreeing to some terms and conditions linked to it. Legal matters
concerning contracts takes place when one fails to complete the authorized commitment1.
Contracts can sometimes be the reason behind the legal disputes when not written properly.
In this assignment, focusing on the legal contracts between HEALTHY PLC and MEDIQUIP
Ltd. the clauses and associated risks are highlighted.
Discussion:
Case study:
The HEALTHY PLC is a public company, owing 50 medical clinics throughout the
United Kingdom. It provides medical facility to the population which take in the diagnostic
tests such as CT scan, blood test and MRIs. As being the key player in the medical clinic
field, it wants to develop more. The company already has MRI scanners but wants to buy
more advanced MRI scanners for the clinics, in order to avoid competitors. The company
builds a contract with MEDIQUIP ltd. for the delivery of 10 MRI scanners. MEDIQUIP ltd.
is a company provides medical equipment and the maintenance services for the equipment.
The contract worth 50 million pounds and MEDIQUIP ltd. is interested in entering this
contract as it is a very high worth contract.
The contract clauses:
A contract clause is a definite establishment or unit in a written agreement. Every
clause in a contract statements a definite feature associated with the overall business matter.
1 Mullenix, Linda S. "Enquiring Minds Want to Know: What Law Governs Forum Selection Clauses." Jotwell:
J. Things We Like (2017): 1.
Advanced Contract Law and Negotiation_2
2ADVANCED CONTRACT LAW AND NEGOTIATION
Contract clauses are focused to clearly explain the rights, duties and privileges of each
company involved in the contract. Contract clauses is found to take any kind of form and take
cover aspects of any business and marketable benefits. A common sample is a non-disclosure
clause in a contract, where the firm agrees not to reveal any private information which is
belonging to the company2. Contract clauses are found to be enforceable along with the
contract below the state and national laws.
The list of contract clauses that are needed to be followed by HEALTHY PLC in
contract with MEDIQUIP ltd. are:
Confidentiality clause: the clause in which definite information is
characterized as private and forbidden from being revealed or circulated to
anybody other than precisely recognized personalities or organisations3. Risks
that are associated with this clause is that, it might happen that the information
of the HEALTHY PLC gets accidentally disclosed by providing trade
information to anyone of the MEDIQUIP ltd without any confidentiality
contract. As MEDIQUIC ltd. was planning to put HEALTHY PLC company
logo in his website, this action also comes under confidentiality clause4.
Consideration clause: this clause setting states that which a firm commences
to perform or not perform, which encourages the other firm to enter into the
contract. Consideration clauses normally set forward the terms of fee or the
price of the agreement5. Risk related to the clause is it may happen that the
2 Mullenix, Linda S. "Enquiring Minds Want to Know: What Law Governs Forum Selection Clauses." Jotwell:
J. Things We Like (2017): 1.
3 Ries, Nola M., and Kypros Kypri. "Government-funded health research contracts in Australia: A critical
assessment of transparency." Sydney L. Rev. 40 (2018): 367.
4 Perović, Jelena, and Marko Jovanović. "From confidentiality to transparency in business contracts concluded
by a state." Ekonomika preduzeća 66, no. 7-8 (2018): 446-456.
5 Donahue, Larry. 2019. "What Is Consideration In Contract Law? | Law 4 Small Business, P.C. (L4SB)". Law 4
Small Business, P.C. (L4SB). https://www.l4sb.com/blog/what-is-consideration-in-contract-law/.
Advanced Contract Law and Negotiation_3

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