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Re: Is a choreography a contract

From: Assaf Arkin <arkin@intalio.com>
Date: Tue, 03 Jun 2003 11:16:51 -0700
Message-ID: <3EDCE613.5040507@intalio.com>
To: Bob Haugen <rhaugen@speakeasy.net>
CC: public-ws-chor@w3.org

Bob Haugen wrote:

>Assaf Arkin wrote:
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>>>* A choreography for how business partners will form legally binding
>>>contracts.
>>>      
>>>
>[...]
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>>>* A choreography referenced in an economic contract applying
>>>      
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>financial
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>>>penalties for failure to fulfill commitments.
>>>      
>>>
>>^^^^
>>That's precisely the point. The choreography should be referenced by
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>the
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>>economic contract and that would render it legally binding. There's no
>>need for the choreography to reference the economic contract, the
>>economic contract is all the evidence you need.
>>    
>>
>
>Another point: In these situations,
>the choreography itself has legal significance.
>Did we, or did we not, form a legally binding contract?
>Were the penalties applied fairly?
>A comparison of the choreography rules and execution log
>may be necessary to answer legal questions.
>Execution logs and choreography rules will become legal evidence.
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>
Sorry, I may have ment what I said but I didn't say exactly what I ment. 
What I ment to say is that the economic contract is all the evidence you 
need that the choreography is legally binding.

Of course you'll need to present the choreography itself and execution 
log, also expect to present e-mails, snailmail and phone call logs 
related to any escalation of the issue, whatever it takes to prove that 
things did not execute accordingly and where they went wrong.

Probably you would sue someone because they didn't send you the product 
or in turn their payment didn't clear your bank, not because they failed 
to send an advance shipping notice or an invoice. What are the 
requirements for you to prove that a product was not delivered or a 
payment was not made? Can you use the same rule to prove for example 
that a message was not sent or is there something extra we need to do?

arkin

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Received on Tuesday, 3 June 2003 14:17:19 GMT

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