A subsidiary letter should create legally enforceable rights and obligations; But in some circumstances, it can simply have a moral effect. When changing the terms of a primary contract, it may be necessary to forward ancillary letters to third parties. For example, in lease agreements, concessions, such as a shorter lease term or consent to subletting, are often granted by the landlord to the tenant by means of a secondary letter. In our example, the potential buyer must be informed of the various concessions granted. For a secondary letter to become mandatory, it must meet the same criteria as all contracts: (i) the offer; (ii) adoption; (iii) recital (iv) certainty; and (v) the intention to create legal relationships. The 50/50 distribution of the surplus is not essential for our result, but our results are important on the idea that C covers at least part of the surplus during negotiations with J. Example 1: The good side of the ancillary agreements Good State Party (p = .5)Bad State (1-p = .5) actiongbGBS120200120200J200200C700100S+J140200140200S+J+C210200150200 Add a little intuition, Let`s start with Example 1, which aims to demonstrate the potential usefulness of secondary agreements. Finally, it should be noted that an ancillary letter is not applicable until all the conditions have been negotiated. Some of them apply to all agreements (I), others concern only certain agreements (II).
A secondary letter is often used to clarify some of the terms of the main contract, and is normally used when certain details remain unknown at the time the contract is concluded. Third, by changing the terms of the main contract, the secondary letter may change the characterization of the entire agreement. For example, in France, some management leasing contracts are concluded by the parties to obtain the effective qualification of a contract, that is to say. The purchase of the company, in the secondary letter. It may be easier (and cheaper) to set out the changes in a subsidiary letter, which also saves the parties the need to initialize any changes to the original contract. In order to increase secrecy, parties to a subsidiary letter sometimes choose to keep it in trust. In this subsequent situation, the parties must carefully design the instructions they wish to give to the guardianship agent and may decide to use lawyers as trust agents to use the legal privilege related to this profession. The preamble to the subsidiary letter will both determine the intention of the parties and justify itself when it is made public.
Due to the confidentiality of the subsidiary letters, the confidentiality clause will also be a key element in determining the degree of (un)desired disclosure. In addition, these “ancillary agreements” could contravene the assurances given by the customer when signing the sales contract. For example, the Reynolds and Reynolds Massachusetts Standard Form Motor Vehicle Purchase Agreement (“P&S”) states that “Buyer represents and warrants that no loan other than the one mentioned above has been granted by the Dealer.” If your employees enter into “accessory appointments” with the customer, your dealer extends the customer`s “credit” in violation of P&S. .