To say that markets are made up of potential and real trade indicates the role of competition as an essential market power, a role that Weber (1978, p. 635) points out in its definition: “A market can exist wherever there is competition, even unilaterally, for exchanges between a large number of potential parties.” Competition means that sellers can choose from potential alternative buyers and buyers can choose from potential alternative sellers. The conditions under which trade is actually conducted in a market cannot be adequately understood without taking into account the possible alternative transactions that the parties concerned may have chosen, but not. Since market transactions “are always a social act, to the extent that potential partners are guided in their offerings by the potential action of an indeterminate group of real or imaginary competitors and not just by their own actions” (Weber 1978, p. 636). Operational clause: “… You are following:/by mutual agreement to … ». If the parties intend to enter into a reciprocal trade agreement, to exchange confidential information such as customer lists, know-how, supplier lists or trade secrets, a confidentiality clause should be included in the reciprocal business agreement. This clause should specify what information is considered confidential, who has access to this information, how the information can be used and how it is processed after the termination of the contract. A confidentiality agreement should indicate the consequences of wilful or intentional disclosure of confidential information. There are two different theories or definitions of consideration: the theory of bargains of contemplation and the theory of utility-detriment of consideration. Procedure of mutual agreement In the event of difficulties or doubts between the parties as to the implementation or interpretation of this agreement, the parties endeavour to resolve the issue by mutual agreement.
A conventional framework, also known as a common enterprise agreement or mutual cooperation agreement, is merely a contract that recalls the agreement between two parties who cooperate for common purposes. Since the nature of the activity will be different, reciprocal trade agreements will also be different. However, most reciprocal trade agreements will have similar elements, such as. B mutual release and confidentiality agreement.B. Where the contract contains uncertain or incomplete clauses and all means of finding a solution to its actual meaning have not been resolved, it may be possible to separate the corresponding clauses and invalidate them if the contract contains a deterrence clause. The consideration of the separation of a clause is an objective test – if a reasonable person saw the contract successfully without the clauses.