Business-to-business contracts are 'instruments for social cooperation' , according to Ian Macneil, the recently deceased author and leading legal academic. “Contracts arise because the parties recognize that there is more to be gained by some level of cooperation than by separation.” However, when it comes to the terms on which contract negotiators spend most time, this spirit of cooperation remains notable for its absence, leading many to conclude that the typical contract is an enemy of collaboration.
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