tag:blogger.com,1999:blog-3350494960151472132.post6934401837495657543..comments2024-03-28T00:29:28.051-04:00Comments on Knowledge to Negotiate: SurvivalJackhttp://www.blogger.com/profile/04890630881239586638noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-3350494960151472132.post-33795725544028946562014-03-05T15:52:22.987-05:002014-03-05T15:52:22.987-05:00Survival clauses establish what provisions survive...Survival clauses establish what provisions survive the specific event of termination or expiration. For those clause that survive there could be a specific term in which it is enforceable such as a warranty period. Those that don't have a specific term agreed to in the contract, will survive until the applicable statute of limitations expires. There is need to include the survival clause in the list of those clauses that survive. It has done its job establishing what survives and nothing would survive the lapse of the statute of limitations provides no additional value as you no longer have a legal right to make a claim.Jackhttps://www.blogger.com/profile/04890630881239586638noreply@blogger.comtag:blogger.com,1999:blog-3350494960151472132.post-50966874401965953072014-02-07T12:24:21.514-05:002014-02-07T12:24:21.514-05:00Should the survival section itself be listed as a ...Should the survival section itself be listed as a surviving section?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3350494960151472132.post-85246223938462628862013-04-03T15:43:24.236-04:002013-04-03T15:43:24.236-04:00There are two types of claims a party needs to be ...There are two types of claims a party needs to be concerned with. One is contractual liability. The other is third party liability. In most countries there are legla statute of limitations. What a legal statute of limitations does is create a legal cut off period after which claims may not be brought. Claims made within that period will continue until the dispute is resolved by the agreed method in the contract. This means that for certain clauses having them be perpetual provides no real value when there are statute of limitations laws as the claims those clauses were there to protect against would no longer be able to be made. <br /><br />For example, a third party that is injured in New York state has six years after the cause of action in which to make a claim. In New York, a claim under a contract has 2 years after the completion of all obligations. If you had a warranty that was 10 years, after that warranty was complete there would be 2 year from that to file a contract claim. After that no claim under the contract could be brought. <br /><br />For some liabilities such as product liabilities both the Supplier and the Buyer (if they resold it to a third party) can be potentially liable over the life of the product, being excused on individual claims only after the individual's claim rights have expired.<br /><br />Based on this a simple formula such as three years would not work for many buyers as they could still be liable for the supplier's actions under the theory of agency. All these rights and concepts will vary of course by the laws of the location stated and both for both applicable contract law and jurisdiction. <br /><br />Jackhttps://www.blogger.com/profile/04890630881239586638noreply@blogger.comtag:blogger.com,1999:blog-3350494960151472132.post-23646496303076090902013-04-03T08:26:39.884-04:002013-04-03T08:26:39.884-04:00Dear Sir,
In many contracts, customers want certa...Dear Sir,<br /><br />In many contracts, customers want certain clauses to survive perpetually.<br /><br />From service provider perspective, according to me, this is incorrect and that there has to be some time limit (like 3 years) for surviva.<br /><br />Would like to know your thoughts on this.सारंग भणगेhttps://www.blogger.com/profile/15471234110041451914noreply@blogger.com