Playing by the Rules

Kate Vitasek, Jacqui Crawford, Jeanette Nyden and Katherine Kawamoto

Chapter Chapter 2 in The Vested Outsourcing Manual, 2011, pp 25-40 from Palgrave Macmillan

Abstract: Abstract As you begin the journey to a Vested agreement, you should heed the advice of the legal scholar Ian R. Macneil, who observed that most contracts are ill-equipped to address the reality of business needs. In his 1968 work, Contracts: Instruments for Social Cooperation,1 Macneil wrote, “Somewhere along the line of increasing duration and complexity [the contract] escapes the traditional legal model.” He argued further that contracts are rooted in the classical approach to contract law and thus crafted to address transactions and legal protections such as pricing and price changes, service levels, limitation of liability, indemnification and liquidated damages.2

Date: 2011
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DOI: 10.1007/978-1-137-51246-8_3

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