Transaction Risk: A Legal Guide to Contractual Management Strategies
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"With great interest I read Transaction Risk. I have been practicing law in the area of transactions for more than 30 years, and was surprised with the comprehensive compilation of risks identified in the book, and that most of the time can be passed unnoticed. In addition to author R.J. Spjut's great work in identifying most of the risk that needs to be considered by a lawyer when drafting an agreement or negotiating a deal, but he also explained them and supported these findings with court decisions. Any attorney that practices in the areas of transactions and contracts should read this book not once, but also from time to time to avoid costly mistakes."
-- Reinaldo Hellmund, Rodríguez & Mendoza, Abogados, Caracas, Venezuela
Chapters are organized following the progress of a civil law contract, covering:
Part 1: Overview of transaction risk management
Part 2: Planning and documentation of risk
Part 3: Counterparty risks
Part 4: Third-party and uncontrollable event risks
This is an exceptional resource for lawyers new to transactions, who may know about risk and risk allocation but not how to fit them into an analytical framework. It will also benefit lawyers seasoned in transactions by sharpening their understanding of risk, as well as the deal makers who can use this book to learn about risk and contractual risk allocation strategies.
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Table of contents
Table of Contents
PART I - Overview of Transaction Risk Management
Chapter 1: The Subjective Perspective
Chapter 2: Transaction Risks
PART II - Planning and Documentation Risks
Chapter 3: Oversight and Rejection Risks
Chapter 4: Information and Assumption Risks
Chapter 5: Uncertainty Risks
Chapter 6: Commitment Risks
PART III - Counterparty Risks
Chapter 7: Discretion Risks
Chapter 8: Performance Risks
Chapter 9: Liability Risks
PART IV - Third-Party and Uncontrollable Event Risks
Chapter 10: Supply, Offtake, and Consent Risks
Chapter 11: Uncontrollable Event Risks
Chapter 12: Market Change Risks
Table of Cases