On this 11th Day of TEIL’s Presentation of 12 Days of Christmas we are reminded, through the cartoon below, that there are many contractual disputes, in business and otherwise, because the parties simply do not have a clear understanding of the contractual obligations. In contracts we need a "meeting of the minds."
An exaggerated example: One party believes they are communicating to the other that there needs to be “11 Pipers Piping” delivered by December 24, 2014. They mean music, but “music” is not stated in the contract, its assumed. When person A or company A delivers the Pipers laying down pipes and then wants payment based on the work completed the parties are at issue. Money, hopefully not the entire contractual amount is being demanded, but it could be because there may have been a time limitation “Christmas is tomorrow and the music was for a holiday party and now it’s too late to hire another group.”
Pipers also brought to mind the European reliance and capitalization on “Sound” in business. In many parts of the UK companies focus heavily on sound as their “logo” or “Trademark.” In the United States we have some, but not nearly as much confidence that our companies will be recognized by the sounds we communicate. The examples are the Intel ding, MGM Studio’s roaring lion, increasingly McDonalds “I’m lovin (spell check wanted to correct this word to ‘Loving’ but that would be someone else’s trademark!) it.” For smaller businesses into eh US the idea still has not really taken root.
TEIL encourages everyone to find their sound and lets get it trademarked! Of course when you sign a contract to get it done have a complete meeting of the minds as to exactly what when are where you are expecting and they are to deliver.
We wish you, your family and your business a wonderful Christmas Eve filled with the joy of the spirit and…..11 Pipers Piping!