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Title: Diffrent Types of Risks that may cause Contract Default. Clauses related to Contractual Default, Reopening of Contract
Description: Diffrent Types of Risks that may cause Contract Default. Clauses related to Contractual Default, Reopening of Contract

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Three types of risks
Foreseeable operational risks
= risks related to the performance
of the contract

ct
a
r
t
C on

§§

§

Foreseeable structural risks = risks
related to the contracting companies
Foreseeable & unforeseeable general risks
= risks related to the surrounding
environment
ITC

M8:U8:8
...
2-1

Types of risks
Foreseeable operational risk:

Foreseeable structural risk:

Foreseeable and unforeseeable general risk:

ITC

M8:U8:8
...
3-1

Foreseeable structural risks
-what to do?

Identify situations that you
couldn’t accept (e
...
)
Require the supplier to inform you
Reserve the right for you to
terminate the contract if these
situations occur
ITC

M8:U8:8
...
3-3

Hardship - What to do?
Indicate that the disadvantaged party needs to
give notice o hardship and request a
renegotiation of the contract

Indicate what to do if an agreement is not
reached within a reasonable time (e
...
, resort to
a court or arbitral tribunal)
ITC

M8:U8:8
...
3-1

Dealing with risks
Give three examples of risks, how they were dealt
with and think of any other manner the risk might
have been dealt with:

ITC

M8:U8:8
...
4-1

Avoiding contractual default
- what to do?
1st solution - revise the terms

t
c
a
r
t
n
o
C

2nd solution - redetermine certain
aspects of the contract (e
...
, prices & volumes)
3rd solution - addenda to the contract terms
4th solution - a new contract
act
r
t
Con
ITC

M8:U8:8
Title: Diffrent Types of Risks that may cause Contract Default. Clauses related to Contractual Default, Reopening of Contract
Description: Diffrent Types of Risks that may cause Contract Default. Clauses related to Contractual Default, Reopening of Contract