At 09:34 AM 7/29/1998 -0700, Jack Killpatrick so eloquently stated:
>G enscribed with glorious exuberance:
>> At 08:53 PM 7/28/1998 -0700, Jack Killpatrick so eloquently stated:
>> >Eric Poole wrote:
>> >> > Or, if you have a "loser pays legal fees" clause in your
>> >> > contract.
>> >>
>> >> Even then, judges frequently won't order it or enforce it.
>> >
>> >Do you think it is still a good idea to include it, anyway?
>> >
>>
>> Yes. Because if it's not there, and a judge will allow it, you
>> can't claim it. It's like chicken soup -- it can't hurt ;-}.
>>
>> More importantly, it often acts as a deterrent to suits, and
>> urges folks to negotiate.
>
>G, do you have any opionions re: stating in a contract that binding
>arbitration will be the primary remedy in contract conflicts, rather than
>the just "local courts"?
>
Arbitration always works very well. If it doesn't work, then you
go for the courts. I recently had an arbitration case, and the
client wouldn't budge, so we went to court and I won. The courts
rather have arbitration.
George
_______________________________________________________
George Matyjewicz, C.M.O. mailto:[EMAIL PROTECTED]
GAP Enterprises, Ltd. http://www.gapent.com/
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Your Resource for Retail on the Net
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