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Essay / Research Paper Abstract
This 6 page paper looks at the case study supplied by the student. A contractual agreement is suffering due to the way in which the contract was initially written in an ambiguous manner. The potential areas of breach are considered, along with the way in which management of the firms may choose to manage the risk that the current situation presents. The bibliography cites 2 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEspanrisk.rtf
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Unformatted sample text from the term paper:
are covered under contract law in terms of terms and conditions within the contract, and performance under those terms conditions, as well as issues concerning intellectual property rights. However, like
many legal wrangles, both companies are in a position where if the case escalates and goes to court both parties to the contract will be losers. Therefore, it is essential
to consider the actions which may be taken by the managers in order to reduce the potential risks they face. It may also be noted that the current difficult situation
is a result of the way in which the contract was written, with a high degree of ambiguity within the terminology of the contract. Span Systems are in a very
difficult situation, there has been an indication from C-S that they may be seeking to rescind a contract and demand the code that is ready be completed be transferred to
the ownership. This is argued on two grounds; that the company saving his performance in terms of both quality and the time schedule. At the current time there is a
serious risk that Span could face a potential action for breach of contract due to the way that C-S are interpreting their own duties under the contract (Fuller and Eisenberg,
2006). Under the contract if Span in terms of delivery on time, or quality issues, C-S may potentially rescind the contract. At
the current time only 40% of the project has been completed, but the one-year contract is already eight months along. It would appear likely that unless there is a change
in the way the contracts is being organized that the deadline, of one year, is likely to be missed. However, it should also be recognized that C-S have been making
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