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RE: Revised: Mission Statement

From: Fletcher, Tony <Tony.Fletcher@choreology.com>
Date: Fri, 18 Jul 2003 12:22:08 +0100
Message-ID: <221369570DEDF346AE42821041345E891956F1@exchange1.corp.choreology.com>
To: "Cummins, Fred A" <fred.cummins@eds.com>, "Andrew Berry" <andyb@whyanbeel.net>, <public-ws-chor@w3.org>

Dear Fred and others,

See comments inserted below:

Best Regards     Tony
A M Fletcher
 
Cohesions  (TM)
 
Business transaction management software for application coordination
www.choreology.com
 
Choreology Ltd., 13 Austin Friars, London EC2N 2JX     UK
Tel: +44 (0) 20 76701787   Fax: +44 (0) 20 7670 1785  Mobile: +44 (0)
7801 948219
tony.fletcher@choreology.com     (Home: amfletcher@iee.org)


-----Original Message-----
From: Cummins, Fred A [mailto:fred.cummins@eds.com] 
Sent: 17 July 2003 18:51
To: Fletcher, Tony; Andrew Berry; public-ws-chor@w3.org
Subject: RE: Revised: Mission Statement


Tony,

I agree with you generally that contracts will be between two parties,
but such contracts may also define obligations that affect relationships
(e.g., contracts) with entities not party to the contract.  Thus a
seller may require that a buyer have an established line of credit with
a financial institution and this might be confirmed by an exchange with
the designated institution.

<AMF> Accepted.  As I understand it a contract will usually (maybe not
always) be between two parties, but these contracts can certainly
reference all sorts of 'external' things - how is that for precise legal
language!!!
</AMF>

There will also be exchanges where there is no contract to start with
and the exchange will develop an agreement, i.e., contract.  Exchanges
may also be governed by commercial standards or laws to which parties of
an exchange subscribe or are subject to.

The more difficult choreographies may be where there is no contract and
parties want to establish a relationship in which the risk to each is
minimized, e.g., I don't ship anything until I'm sure I know who your
are and am assured that I will get paid.

<AMF> I once thought like this too, but a lawyer in a different forum
(UN/CEFACT actually) convinced me otherwise, certainly for any
interaction that could be considered to be 'trade'.  When ever you trade
it seems you are always covered by law - International law if national
laws do not override, national law if  a specific contract does not come
into play.  So you are either covered by an explicit contract or an
implicit one.
</AMF>
Fred
Received on Friday, 18 July 2003 07:22:19 GMT

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