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That provision, no need to explain. But my client also hasSkills and abilities of his own, proven skills relevant to the sandwich-making business. That's why your client is Interested in concluding a franchise agreement with him in the first place. Let's face it: your client owns a young and Upcoming franchise enterprise that may be promising, but it certainly isn't well known or well established yet - you need The skills and know-how of experienced franchisees as much as they need you. So I'll say it again: we simply could Not accept any clause that would forbid my client from Making a living through these skills independently for three Whole years, if that should one day become necessary. Ms Orvatz: What do you suggest? We're not in a position to Remove the non-compete clause from the contract, let me Be perfectly clear about that. Mr Johansson: Of course. Our proposal is to reduce the scope Of the clause. If you could consider reducing the time period the non-compete covers, we'd be willing to be more flexible About the arbitration clause, for example. Ms Orvatz: Well, all right. In that case, I think we could talk About a reduction. Mr Johansson: Well, that's certainly a step in the right direction. How about this: we suggest reducing the time frame to one Year. Ms Orvatz: Mm, that would be difficult for us. We could only reduce the number of years to two, and that's already very Generous on our part. Mr Johansson: Let's agree on a year and a half, shall we? After All, you and I both know that your client really wants to enter into this agreement with my client, as he's perfectly suited to run a franchise in that part of town, which, let's be honest, isn't exactly the safest neighbourhood. He knows The area, he has the necessary skills and experience... Ms Orvatz: OK, OK. I think we could live with that. A year and a Half it is. Mr Johansson: Very well. Ms Orvatz: Now, what about the arbitration clause? You said you'd be willing to be a bit more flexible ... E Audiotranscripts Unit 6 Listening 1 Part I I'd like to tell you something about the remedy of specific Performance in Denmark. As you know, specific performance is a remedy requiring a person who's breached a contract to Perform specifically what he or she had agreed to do. Danish Contract law provides that where one party breaches the contract, the non-breaching party basically has two options: to Claim either specific performance or damages. However, while The court may order the breaching party to perform under the Contract, it only has limited power to enforce this. As a result, The Danish Procedural Code only requires specific performance In a limited number of cases - five types of cases, to be exact. The whole system works like this: the court must first Determine whether an order for specific performance should be granted. Of course, the breaching party can do two things: Either comply or not comply with the order. In other words, the Defaulting party either takes the action necessary to perform the contract or he doesn't. If he doesn't, the other party can Decide to go to the judicial enforcement agent. This judicial Date: 2015-12-11; view: 1332
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