A contingent contract makes commitments self-enforcing by eliminating the need to reconvene or renegotiate when a surprise crops up. A contingent contract eliminates the need to come to an agreement. By allowing parties to bet on their predictions, a contingent contract enables parties to “live with” their differences.
Contract negotiation is the process through which two or more parties deliberate over the contents of a contract to reach a legally binding agreement. Contract negotiation typically proceeds by setting the terms and conditions in which both parties can agree on.
A contingent contract is a legal agreement in which the terms and conditions only apply or take effect if a specific event occurs. Essentially, the parties involved agree to perform actions or obligations based on the occurrence or non-occurrence of a particular event in the future.
A contingent contract is usually based on the occurrence of some uncertain events. In these cases, the promisor is liable to do or not do something when that event occurs. However, the law cannot enforce the contract until the occurrence of the event.
In particular, contingent contracts offer six benefits: they enable a difference of opinion to become the basis of an agreement, not an obstacle to it; they cancel out the biases of negotiators; they level the playing field by reducing the impact of asymmetric information; they provide a means of uncovering deceitful ...
Contingent contracts help manage and allocate risk between parties. They allow parties to protect themselves from adverse outcomes by tying obligations to specific events or conditions.
When the negotiated deal involves more than a simple, one-time exchange, parties' behavior after the agreement is relevant. Contingent agreements can help to create incentives for parties to behave well after the terms of the deal are fixed.
When two parties legitimately disagree about future outcomes that affect their deal, they should be willing to bet on their beliefs by negotiating a contingent contract. Contingency contracts are common in M&A, professional athletics, and building projects.
A negotiated contract is one where a specific firm is targeted, for a variety of reasons, to perform the contract, even though there is more than one firm that can perform the contract. Under usual circumstances, a competitive tender or proposal would be issued.