Skip to main content

PROS AND CONS OF FORWARD CONTRACTS

 PROS AND CONS OF FORWARD CONTRACTS 


Pros of Forward Contracts: 

  1. To fight the volatility in the exchange rate market, forward contracts help to decide upon a specific rate of exchange for up to 2 years. Hence, even if the rate fluctuates severely, increasing the volatility in the market, parties involved in the forward contract can still develop a clear budget because of the fixed rate of exchange decided while entering into the contract. It provides a sense of security as even the minute changes in the exchange rate can make a significant difference in transactions. For instance, referring to long-term overseas contracts, or in the case of major orders placed from an overseas supplier, forward contracts give the party an option to manage those costs within a definite budget. 

  2. Forward contracts are not standardised due to which almost every contract has different and varied terms which suit the parties involved. This gives the parties an option to form a contract on the conditions which they think would benefit them the most in the current as well as the future time. 

  3. In today's time, global trade is inevitable. Some companies outsource their services in such a way that a company based in India might manufacture in the home country but supply its products to U.S. citizens who pay in dollars, which creates a risk for the company due to fluctuations in the exchange rate market. Therefore, in order to hedge against this risk, the companies use a forward contract to predetermine the price at which the product will be sold to its customers. 

  4. Other derivative contracts such as call and put options of different kinds i.e. American and European, require a premium to be paid while entering into the contract. Whereas, forward contracts do not involve any such initial cost to enter into a contract. 

  5. Given that forward contracts are not regulated by any regulatory authority, they are not as expensive as other contracts and are fairly easier to maintain and enter into.







Cons of Forward Contracts: 

  1. Forward contracts are not always the best way to hedge against the risk due to fluctuations in the exchange rate market. For instance, if the value of the foreign currency goes down, it would be advantageous for the firm but in the case of forward contracts, the firm would stay at a lower lock-in price which could affect its revenues in case there is a significant difference. Now, this also depends on the attitude of the business, a risk-lover person should not go for a forward contract given that there are other and better ways to hedge against the risk such as tracking the market and taking decisions accordingly. 

  2. There are certain risks related to forward contracts, amongst which one of the most common and dangerous risks is, risk of default by either of the parties. For example, if one of the parties disagrees to honour the contract, the other party could suffer huge losses and in the case of forward contracts, getting justice would be tougher as these are over-the-counter contracts. 

  3. Another problem that comes with forward contracts is an adverse selection and moral hazard which makes it necessary to check the other party i.e. to investigate its current as well as its past status in order to minimise the default risk. These investigations are not only expensive in terms of money but are also time-consuming. 

  4. When parties enter into a forward contract where the underlying asset is a physical product, the characteristics of the product might change over time and may vary from the expectation of the buyer. Consequently, making the contract unfavourable for the buyer. This is usually the case with consumable items such as oranges, grains et cetera. 

  5. As forward contracts are customised according to the needs of the parties involved in the contract, it shows low liquidity in the market because it would be tough to find another party with the same set of requirements as to enter into the same contract and even if a party is willing, it may not get a high price as there is almost a demand of zero to none for already customised contracts.

  6. In the case of forward contracts, the cash flow has to happen in the future but it requires keeping some capital aside as to not default on the day of the completion of the contract.

Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree